Complaint for lawsuit against Serhat Gumrukcu

1. Phnte &
Hanley, P.C.
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UNITED STATES DISTRICT COURT
FoR THE
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DISTRICT OF VERMONT CLEnil
- i
THE ESTATE oF GREGORY DAVIS, ) e ,,-%"#a#
MelissaDavis,Administrator,and )
"' f,'-,:ii i [''irill
MELISSA DAVIS, individually, )
Plaintiffs, )
)
) Civil CaseNo. Sl.ZTCu- t33
v.
SERHAT DANIEL GUMRUKCU,
Defendant.
)
)
)
1.
2.
3.
4.
COMPLAINT
With Demand for Trial byJury
Gregory Davis was a resident of Danville, Vermont.
Mr. Davis died in Bamet, Vermont on or about January 6,20L8.
Melissa Davis is Gregory Davis' widow and a resident ofNew York.
Melissa Davis is the administrator of the Estate of Gregory Davis by virtue of an order
of the Vermont Superior Court, Caledonia Probate Division.
Serhat Daniel Gumrukcu (Mr. Gumrukcu) is a resident of California.
5.
Jurisdiction and Venue
6. Because the parties me sitizens of different states and the amount in controversy
exceeds $75,000,28 U.S.C. $ 1332 gives the United States Distict Court subject
matter jurisdiction.
7. The Disfrict of Vsrmont is the proper v€,lrue, and has personal jurisdiction over the
defendant because Mr. Gumrukcu's acts caused Mr. Davis' death in Vermont and
represented a knowing, intentional and deliberate intervention in Vermont such that it
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2. Phnte &
Hanley, P.C.
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is reasonable for Mr. Gumrukcu to be subject to legal proceedings in Vermont.
COTINT I
WRONGFTJL DEATH
lAY. S. A. S 1491, et seq.
Estate of Gregory Davis, Plainffi
8. At approximately 9 p.m. on January 6,2018, Melissa Davis and Gregory Davis were
in theirbedroom in theirhome in Danville, Vermont.
9. Mr. and Mrs. Davis heard someone knock on the door.
10. Mr. Davis went to the door and spoke with the man.
I t. Mr. Davis came back to the bedroom and told Mrs. Davis the man was a U.S. Marshal.
1,2. Mrs. Davis saw the man. He had handcuffs and a rifle. He was wearing a jacket and a
maslg both of which had the emblem ofthe United States Marshals' Service.
13. The man told Mr. and Mrs. Davis that he had a warrant for the arrest of Mr. Davis for
racketeering. He said the warrant instructed him to take Mr. Davis into custody and to
bring him to Virginia.
14. A minor child of Mr. and Mrs. Davis saw the man and the car he was driving. The car
had red and blue emergency lights activated on its dash.
15. Mr. Davis packed some clothes and went with the man.
16. The next day, January 7,2A1.8, the Vermont State Police received a report that a body
was lying on the side of a road in Barnet, Vermonto about 15 miles from Mr. and Mrs.
Davis'home.
L7. The Vennont State Police went to the scene and found Mr. Davis' body.
18. Mr. Davis had been shot multiple times in the head and torso while handcuffed.
19. In the years that followed, federal and state law enforcement agencies conducted an
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3. Plante &
Hanley, P.C.
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exhaustive investigation regarding Mr. Davis' death.
20. Law enforcement officers learned that Mr. Gumrukcu and his brother, Murat
Gumrukcu, had been involved in a business transaction with Mr. Davis.
21. The law enforcement ofEcers also leamed that shortlybefore his death Mr. Davis said
that the Gumrukcu brothers had defrauded him and he was going to report their fraud
to law enforcement agencies.
22. Federal law enforcement officers interviewed the Gumrukcu brothers.
23. Mr. Gumrukcu and his brother denied any involvement in Mr. Davis' death.
24. Shortly thereafter, Murat Gumrukcu left the United States, never to retum.
25. After a lengthy investigafion, federal law enforcement officers, utilizing data obtained
from cell phone towers and surveillance cameras, determined that the person who
falsely claimed to be a United States Marshal, who took Mr. Davis from his home, and
who shot and killed Mr. Davis, was Jerry Banks.
26. Law enforcemsnt officers were unable to find any connection between Mr. Banks and
Mr. Davis.
27. Law enforcement officers detennined that Mr. Banks' financial situation had
significantly improved shortly after the wrongful death of Mr. Davis.
28. Law enforcement officers determined that Mr. Banks had telephoned Aron Lee
Ethridge shortly after the wrongful death of Mr. Davis.
29. Law enforcement officers determined that Mr. Banks had multiple meetings with Mr.
Ethridge shortlybefore the wrongful death of Mr. Davis.
30. Law enforcement officers interviewed Mr. Ethridge.
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4. Plante &
Hanley, P.C.
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31. Eventually, Mr. Ethridge admitted to these law enforcsment officers that he had hired
Mr. Banks to kidnap and kill Mr. Davis.
32. Mr. Ethridge disclosed to the same law e,lrforcement officers that Berk Eratay, a friend
and former neighbor, had hired him to find a person to murder Mr. Davis.
33. Mr. Ethridge disclosed that Mr. Eratayhad paid him more than $110,00 in cash and
additional amounts in Bitcoin for the murder of Mr. Davis.
34. Mr. Eratay is an einployee and/or business associate of Mr. Gumrukcu.
35. IvIr. Gumrukcu gave Mr. Eratay stock in a business orgamzatron with which Mr.
Gumrukcu is associated.
36. In April 2022, the United States ofAmerica filed a criminal complaint against Mr.
Banks in the District of Vermon! but that complaint was placed under seal.
37. Laterthe same month, federal officials arrested Mr. Banks.
38. At approximatelythe same time, federal officers arrested Mr. Ethridge.
39. On May 19,2022, a grand juryin the District ofVermont issued an indictment
asserting that Mr. Gumrukcu and Mr. Eratay, ootogether
with others, did knowingly and
intentionally conspire to cause another to travel in interstate commerce, and to use and
cause another to use facilities of interstate corrmerce, namd cellular telephone
networks, with the intent that the murder of Gregory Davis be committed ... as
consideration for apromise and agreement to pay something of apecuniaryvalue and
the death of Gregory Davis resulted."
40. The indictnent was placed under seal.
41. On May 79,2022, a clerk of the Dishict of Vermont issued a warrant for the arrest of
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5. Plante &
Hanley, P.C.
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Mr. Gumrukcu.
42. Federal law e,lrforcement officers arrested Mr. Gumrukcu on May24,2022.
43. Federal law enforcement officers arrested Mr. Eratay at roughly the same time.
4. The indicnnent against Mr. Gumrukcu and Mr. Erataywas unsealed in June 2022.
45. Between January2018 and, at least, May2022, Mr. Gumrukcrq who was at all times
outside of Vennont, wrongfully concealed and made false statements about his central
role in the wrongful death of Mr. Davis.
46. Mrs. Davis did not discover, and could not have discovered through the exercise of
reasonable diligence, that Mr. Gumrukcu's actions were aproximate cause ofthe
wrongful death of Mr. Davis.
47. The death of Mr. Davis was caused by intentional acts of Mr. Gumrukcu constituting
murder.
COI]NT II
SI]RVTVAL
t4Y. S. A. S 14s3
Estate of Gregory Davis, Plaintiff
48. From the time Mr. Banks came to Mr. and Mrs. Davis' home and the time Mr. Banks
murdered him, Mr. Davis experienced great emotional distress, pain and suffering.
49. Mr. Gumrukcu's actions were a proximate cause of Mr. Davis' great emotional
distress, pain and suffering.
COI]NT III
LOSS OF CONSORTTT]M
Melissa Davis, Plaintiff
50. I{rs. Davis repeats paragraphs 1 through 47.
51. As a direct result of Mr. Gumrukcu's wrongful acts, Melissa Davis lost the care,
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6. Plante &
Hanley, P.C.
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comfort, love, support, guidance and consortium of her husband, Gregory Davis, and
has experienced, and will continue to experience, great smotional distress.
COIINT IV
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Restatement (Second) of Torts $ 46
Melissa Daviso Plaintiffs
52. Mrs. Davis repeats paragraphs 1 through 47.
53. Mr. Gumrukcu's actions vrere outrageous conduct not tolerated in any civilized
society.
54. Mr. Gumrukcu intended to cause, or recklessly disregarded the probability of causing
extreme emotional distress to Mrs. Davis.
55. As a direct and proximate result ofthe actions of Mr. Grumrukcu, Mrs. Davis suffered
extrsme emotional distress.
WHEREFORE, the Estate of Gregory Davis and Melissa Davis seek judgment in their
favor and against Serhat Daniel Gumrukcu together with fuIl, fair, just and adequate
compensation, costs, interest, attomeys fees and such other relief as is just and proper.
TITIiT PLAINTIFFS SEEK THE IMPOSITION OF PT]NITIVE DAMAGES.
THE PLAINTIFFS DEMAND TRIAL BY JIIRY.
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7. Plante &
Hanley, P.C.
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Dated: June20,2022
THE ESTATE OF GREGORY DAVIS,
Melissa Davis, Administrator, and
White River Junction, VT 05001
8A2-295-3151,
mf hanley@plantehanley. com
pj perkins @plantehanley. com
Andrew B. Delaney
Stefan Ricci
Martin Delaney & Ricci Law Group
100 North Main Street
Barre, VT 05641
802-479-0568
andrew@mdrvt.com
stefan@mdrvt.com
Michael F. Hanley
PaulJ. Perkins
Plante & Hanley, P.C.
Post Office Box 708
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8. JSIM (Rev.04/21) CIYIL COYER SIIEET
The JS 44 civil cover sheet and the information contained herein neither replace nor suppleme,lrt the fling and service ofpleadings or other papers as required by law, except as
providedbylocalrulesofcourt. Thisform,approvedbytheJudicialConferenceoftheUnit€dStatesinseptemberlgT4,isrequiredfortheuseoftheClerkofCourtforthe
purpose of initiating the civil docket sheet. (SEE NSIRUAIONS ON NEXT PAGE oF mIS
I. (a) PLAINTIFFS
The Estate of Gregory Davis and Melissa Davis
(b) County ofResidence of First Listed Plaintiff CaledOnia. VefmOnt
(EXCEPT N U.S. PLANNFF CASES)
(c) Attomeys firm Name, Address, aad Telephone Number)
Michael F. Hanley, Plante & Hanley, P.C., PO Box 708,
White River Jct, W 05001; 802-295-3151
II. BASIS OF JIIRISDICTION (Ptace an "X" in one Box onl)
Serhat DanielGumrukcu
County ofResidence of First Listed Defendant LOS AnOeleS. CalifOmia
@,t u.s. PIANmFF CASESOMV
NOTE: IN LAND CONDEMNATION CASES, USE TIIE LOCATION OF
TIIE TRACT OF LAND INVOLVED.
Attomeys (IfKnovn)
CITIZENSIilP OF PRINCIPAL PARTIES @tace an "x" in one Box for Plaintif
(For Dlvenig Cases Only) and One Botfor Defendoilt)
DEF PTF DEF
fl t LrcorporatedorPrincipalPlace [e !+
ofBusiness ln This State
Citizm ofThis State
PTF
Ir
I I U.s.Govemment
Plaintiff
E2 U.s.coverment
Defendant
!3 rederalquestion
(U,5. Govemment Not a PoW)
E4 DiveNity
(ndicate Citbenship ofParties in ltem III)
citizenofAnotherstate [z trr t;ml#ffi.;,rl#f [s [s
Citizeaorsubjectofu f]3 E 3 ForeignNation !s flr
IV. NATURE OF SUIT m"X" inOreBa
! t to tnsurance
I I 120 Maine
l-1 tlo uiller.a.ct
I t+o Negotiable hstrument
f] l5o Recovery ofoverpayment
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer lnfluensed and
Compt Organizations
480 Consumer Credit
(ls USC 1681 ot 1692)
z[85 Telephone Consumer
Protection Act
490 Cable/Sat TV
850 SecuritieJCommoditieV
Exchange
E90 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Idormation
Act
896 Arbitation
899 Administrative Procedrne
ActlReview orAppeal of
Agency Decision
950 Constitutionality of
State Statutes
& Enforcement of
! tst uedicarcect
l_l 152 Recovery ofDefaulted
Student Loans
@xcludes Veteraos)
I ls3 Recovery of&erpayment
ofVeterau's Benefits
f] too soc*rrotders' suits
! t9o other contract
E 195 Contract Product Liability
l_l t96 Fmchise
220 Foreclosr:re
230 Rent Lease & Ejectsnenl
240 Tortsto Irnd
245 Tort Product Liability
290 All Other Real Property
Er
"X" in One Box Only)
Removed from
State Court
-'l 3 Remandedfrom
u Appellate Court
n 4 Reinstated or
LJ Reopened
Multidistrict
Litigation -
Transfer
rr 8 Multidistricl
LJ
Llugafion -
Direct File
rr 5 Transferred from n 6
u Another Disrict r-r
Ctck for:
Drug Related Seizure
ofProperty 2l USC 881
Other
422 App€al 28 USC 158
423 Withalrawal
28 USC 157
PERSONALINJTJRY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libol &
Slander
330 Federal Employen'
Liability
340 Marine
345 Marine Produot
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 OthoPmonal
Injury
362 Pemonal Injury -
PERSIONAL INJI]RY
n 365 Personal Injury -
ProductLiabilitv
!:oz ue"mcarel
Pharmaceutical
Personal Injury
Product Liability
! 368 Asbestos fenonal
Injury Product
Liability
PERSONAL PROPERTY
! l7o otho rraud
Ll 37t rruth in Lmding
[ 380 other Personal
Property Damag€
! 3t5 Property namage
Product Liability
820 Copyrights
830 Patent
835 Pat€ot - Abbreviated
New DrugApplication
M0 Trademark
880 Defend Trade Seoets
Act of2016
710 Fair Iabor Stan&rds
Act
720 labor/lrtlanagement
Relationg
740 Railway IaborAct
Family and Medical
Leave Act
Otho taborLitigation
Employee Retirement
Inoome Security Act
861 HrA (1395tr)
862 Black Lung (923)
863 DnilC/DrWW(40sG))
864 SSID Title XM
865 RSr (405G))
tl40 Other Civil Rights
441 Voting
zt42 Employment
443 Housing/
Accommodations
zl45 Ama. wlDisabilitic
Employmeat
446 Amo. dDisabilities
Oths
tME Education
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil tushts
555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS-Thtd Party
26 USC 7609
6fi66Inmigration
Actions
VI. CAUSEOFACTION
VII. REQTIESTED IN
COMPLNNT:
e the U.S. Civil Statute under which you are filirg @o not ctaJwMlcdonol sroadcs untess dtverslrflt
usc 1332
description ofcause:
Death, SuMval, lntentonal lnflicUon of Emotional Disfess
E CnSCr rF THIS IS A CLASS ACTION DEMAND $ CTIECK YES only if demanded in complaintr
JT]RYDEMAND: E]Yes fINo
vrrr. RELATED CASE(S)
IT'AIY
UNDER RIILE 23, F.R.Cv.P.
(See instructions).
than $75K
June20,2O2.
DOCKET NUMBER 5:22-cr-58-owc
rOR OITICE USE OIILY
REcErpr# AMoUNT &4m.U AppLyrNGrFp
qb8?52(nznt fiea
MAG. JUDGE
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