Marine hopeful found dead on roadside after holiday party may have been 'beat to death,' lawsuit claims
Noah Presgrove, 19, had attended a multi-day Labor Day party with friends that weekend before his body was found off U.S. Highway 81 in Terral on Sept. 4, 2023. Officials found teeth, a necklace and basketball shorts next to Presgrove's lifeless body.
While authorities initially speculated that Presgrove may have been struck by a car after the party, the lawsuit filed on June 23 seeking at least $75,000 in damages alleges that the 19-year-old's death "was not caused by being hit with a motor vehicle."
Fox News Digital reached out to the plaintiff's attorney for comment.
Presgrove had attended the Labor Day party that weekend, which allegedly involved underage drinking, hosted by defendants Avery Howard, Carter Combs, and Logan Jernigan, according to the lawsuit.
The party took place on a property owned by defendant Johnnie Trout Wilcoxson Jr. in a trailer owned by defendant Stevie Howard, the complaint states.
Some of the defendants did not have legal representation listed at the time of publication, and none of the defendants had responded to the lawsuit at the time of publication. Andrew Benedict, an Oklahoma-based attorney representing Wilcoxson and Howard, has not responded to requests for comment from Fox News Digital.
The complaint alleges that defendant Jack Newton, despite being under 21, purchased the alcohol from Napoli's convenience store, operated by Val Petrol, LLC. Fox News Digital reached out to Val Petrol, LLC for comment.
Presgove's blood alcohol level was about twice the legal limit at the time of his death.
"Either intentionally or accidentally, the defendants killed the decedent."
Presgrove had apparently been drinking at a house party where he was involved in a rollover incident while riding an ATV that Newton apparently permitted Presgrove to ride even though he was intoxicated at the time, according to the medical examiner's full report, upon further investigation.
"The highway was poorly lit at night. There were no vehicle parts or debris observed on the scene. Further investigation revealed that the decedent was at a house party and drinking on September 3, 2023," the full report reads, in part. "Then he rode an ATV ranger vehicle with several men that had a roll over incident. … The decedent left the house party and was not found until the morning of September 4, 2023, on the side of the highway."
An investigation also revealed that Presgrove had returned to the party after the ATV incident. He was last seen in a "verbal argument" with Howard and Newton around 3:41 a.m. on Sept. 4, the lawsuit states.
The medical examiner ruled Presgrove's cause of death to be blunt force trauma to the head, torso and extremities.
"Decedent was beat to death by one or more of the defendants," the complaint says, though it does not include factual allegations demonstrating that Presgrove was beaten to death, adding that "two or more defendants engaged in a civil conspiracy to beat [Presgrove]."
The lawsuit accuses the defendants of duty of care violations, civil conspiracy, negligence and recklessness in connection with Presgrove's death.
Presgrove had graduated from high school three months early with plans to enlist in the military alongside his cousin.
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