Zachary Kennedy

Family members of a 32-year-old Butler High School graduate whose remains were found in Long Beach in 2018 are suing a California man for wrongful death, according to a recent filing.

Zachary Kennedy was living in California at the time of his disappearance in October 2017. Investigators with the Long Beach Police Department obtained a search warrant in May 2018, for a house where Kennedy was reportedly last seen, and found human remains when they excavated the yard.

California authorities called Kennedy's family to report a fingerprint confirmed their worst fear.

Now, that family is suing the homeowner, Scott Leo, in a Los Angeles court.

Kennedy's parents, plaintiffs Jeff Kennedy and Kathleen Minto-Iarrapino, and his sister, Ashley Kennedy, claim the Long Beach man failed to call 911 when Zachary overdosed. Moreover, they allege Leo snapped a picture of their son and sent it to a friend, rather than calling 911 for help.

No arrests have been made in the case and the lawsuit is a civil action.

In the April 30 lawsuit, Kennedy's parents allege their son went to Leo's home Oct. 22, 2017. There he was supplied GHB, also known as liquid ecstasy or the date rape drug, according to the U.S. Justice Department's Drug Enforcement Administration.

The family contends in their lawsuit the drugs supplied by Leo to Kennedy resulted in his overdosing.

“As (Kennedy) was fighting for his life in (Leo's) bathtub, Leo text(ed) a photo of (Kennedy) to his friend, yet failed to call 911 or attempt to render any assistance, resulting in Zachary Kennedy's death,” according to the lawsuit.

The lawsuit goes on to say that Kennedy's family “searched in vain for their beloved son and brother for many months” and that “through their devotion and the dedication of law enforcement, they found the buried remains of their beloved Zachary Kennedy in Defendant Scott Leo's backyard.”

The lawsuit goes on to contend Leo “handled, desecrated and hid (Kennedy's) human remains in his own yard at his own residence.” Kennedy's parents said that “On discovering (Leo's) misconduct, Plaintiffs suffered and will continue to suffer physical injury, shock, outrage, extreme anxiety, worry, mortification, embarrassment, humiliation, disgust, grief and sorrow.”

The family is asking a judge for compensation of an unspecified amount, according to the court filing. No future hearings are scheduled yet. A lawyer had not been listed for Leo as of Friday, according to court documents, nor has he responded to the lawsuit.

In a May 2018 Butler Eagle article, Jeffrey Kennedy described his son as charming and quick to make friends. The Butler Township man said he had not seen his son in 10 years but kept in touch through phone conversations,

“Zach was the type of person who was very well liked,” he said.

Kennedy's father told the Eagle during that interview that his son had struggled with drug use.