Chubby Cheeks Liquor wrongful death suit settled out of court

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A wrongful death suit involving a January 2014 confrontation between owners of Chubby Cheeks Liquor and two shoplifters has settled out of court.

Lawyers for Chubby Cheeks owners Allen and Lane Rogers and Chubby Cheeks employee Sammie Townes as well as attorneys representing the family of Josh Bishop, announced Thursday that a confidential settlement agreement has been reached in the case.

Josh Bishop, 28, died in February 2014 following surgery to repair jaw fractures he received during a confrontation with the Chubby Cheeks defendants on January 25, 2014. Bishop and Westly Attaway, 34, claimed they were beaten with some type of club after being stopped and handcuffed at gunpoint a short distance from the Texarkana, Ark., liquor store a few hours after they shoplifted bottles of whiskey.

Bishop died of an overdose of prescription pain medication he received after his surgery, according to an autopsy report. His family claimed blame for Bishop’s death should be shouldered by Chubby Cheeks. The Chubby Cheeks defendants argued that Bishop and Attaway were the aggressors in the confrontation and that they shouldn’t be held liable for Bishop’s drug abuse.

Last month Attaway died after being stabbed by a private security guard in Shreveport, La. The guard told investigators he defended himself with a knife after Attaway attacked him. Attaway was allegedly spotted trying to break into a business by the guard and warned that police were on their way moments before the deadly dust up.

Attaway’s recent death led to a delay in the case’s trial date, which was scheduled for jury selection next week. The undisclosed settlement agreement means an end to the case.

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