GWAR RESPONDS TO LAWSUIT FILED BY DAVE BROCKIE’S FATHER

THE LAWSUIT

A lawsuit was filed on April 2  in the State Circuit Court in Richmond, VA by William Brockie, the father of GWAR founder and leader Dave Brockie (Oderus Urungus) against the band’s surviving members as defendants, along with their management company, Slave Pit Inc., and two affiliate companies (GWAR BQ LLC and GLOMCO LLC).

William Brockie is seeks $1 million in compensatory damages, punitive damages, and injunctive relief on claims of conversion, breach of contract, and the unauthorized use of David Brockie’s image.

The documents obtained by NBC News show that some of the major claims being levied are:

1) That that the remaining members of GWAR, led by drummer Brad Roberts “set out on a course of action to capitalize on the death of Dave Brockie…[taking] certain steps to wrongfully secure Dave Brockie’s property and legacy.“

2) While GWAR’s company Slave Pit, Inc. was attempting to usurp William Brockie’s authority to act as Administrator of the Estate, “Mr. Roberts was simultaneously taking steps to take possession of and abscond with Dave Brockie’s personal effects and legacy“:

3)”Upon information and belief, sometime after Dave Brockie’s death but before May 22, 2014, that GWAR members Brad Roberts, Jamison Land, and GWAR manager Jack Flanagan, and others affiliated with GWAR took possession of and removed certain of Dave Brockie’s personal items, including but not limited to his bass guitars, artwork, gold record, tour posters, antique firearm, and computer from his residence.

4) “Upon information and belief, these items were removed from Dave Brockie’s personal residence and brought to Slave Pit, Inc. headquarters where they were commingled with Dave Brockie’s other property, including original Art that he had kept at Slave Pit, Inc. headquarters.”

5)”After Dave Brockie was cremated, Mr. Roberts was also able to secure possession of Dave Brockie’s remains.”

The lawsuit goes on to allege that when William Brockie visited Slave Pit, Inc. to retrieve Dave’s Belongings and remains on May 24 2014, he was denied admission:

“Having been denied access to his son’s remains and property, Mr. Brockie was callously made to wait across the street from Slave Pit Inc. headquarters at the restaurant En Su Boca.

“Eventually, Mike Derks, a member of Slave Pit, Inc., came out of Slave Pit, Inc. headquarters and walked over to En Su Boca to give Mr. Brockie a small fraction of his son’s ashes which were delivered in a used plastic bag with Discover credit card logo on it.

“To date, Mr. Roberts and Slave Pit, Inc. have retained the vast majority of Dave Brockie’s remains and failed to return the ashes of Dave Brockie to his grieving father.”

Dave Brockie was found deceased in his home in Richmond, Virginia on March 23, 2014. According to Virginia’s State Medical Examiner’s Office, he died from acute heroin toxicity by accidental means.

RESPONSE FROM GWAR

We have not yet seen the actual lawsuit papers, and thus cannot comment on the substance of the lawsuit brought against GWAR by Dave Brockie’s father, William Brockie, but we can say that the claims in the Style Weekly article are false. We did not steal Dave Brockie’s ashes, or anything else that belonged to him. In fact, all of the items mentioned in the article, including Dave’s ashes have been available to his attorneys for weeks. At all times, and under very trying circumstances, we have acted in good faith to honor the wishes of our dear friend. Dave left no will or instructions for final arrangements, and so we have done the best we could to honor what we believe Dave Brockie would have wanted. 

The accusation concerning Dave’s ashes is particularly troubling for us. Following Dave’s passing, the first thing we did was notify his father, who signed over Dave’s body so we could have him cremated. We were told by Dave’s father that he did not want to be involved in making Dave’s final arrangements. For this reason, Slave Pit assumed that responsibility, paying for his cremation, arranging two memorial services (one public and one private), and purchasing a plot for Dave in Richmond’s famed Hollywood Cemetery. Dave’s father did not attend either of the services held for his son in Richmond. 

Over 30 years of working and living with Dave, several of us had heard him say that he wished for his ashes to be kept at Slave Pit, so he could “keep an eye on GWAR” while we worked.  In the weeks following his death, we developed a plan for a memorial fund that would raise money to honor Dave’s memory with a statue in Hollywood Cemetery and work to continue his passionate support of the arts. We felt strongly that a portion of his remains should live at the site of his proposed monument in Hollywood Cemetery. When William Brockie later approached us, we released a portion of the ashes at his request, so he could spread them in the location where Dave’s brother and mother’s ashes were dispersed. 

Concerning the other allegations in the article, there was certainly no effort on the part of anyone in GWAR, including drummer Brad Roberts, to steal or hide Dave’s belongings and personal effects either from his home or office. Dave, like the rest of GWAR, was paid upfront for his final leg of touring with GWAR. The claim that we failed to pay his share of royalties from Slave Pit Inc. is false, and we have the records to prove that. We have been in correspondence with William Brockie and his lawyers for months. They have access to the band’s financial records, and Dave’s payments and share of royalties are clearly recorded. Likewise, William Brockie’s attorneys have an itemized list of the small collection of Dave’s art and belongings at Slave Pit. There was never an attempt on the part of Slave Pit to withhold these items from William Brockie. When his attorneys finally identified the particular things they wanted, we made arrangements to return them immediately. Dave’s remains, as well as his belongings, including the instruments and the gold record mentioned in the article were given to our lawyers, who in turn notified the Brockie estate that they could retrieve them weeks ago. 

The Dave Brockie Fund did indeed raise money toward our initial goal of building a monument to Dave in Hollywood Cemetery. Unfortunately, its mission has been put on hold because William Brockie’s attorneys claim that the Brockie estate should have control of the Dave Brockie Fund and the money contained therein. If we are ultimately unable to use the funds for the purpose for which they are raised, the funds will be returned to all contributing donors. 

Finally, our manager, Jack Flanagan has been unjustly accused of signing a bogus release. At the request of our attorneys, he signed some paperwork to make his position clear on what he thought Dave would have wanted, which is something that the law of Virginia specifically asks for, given Jack’s relationship with the band and with Dave.  There is nothing bogus about this. 

Dave Brockie was our friend, peer, co-worker, and our family. We want to preserve the legacy of one of the greatest singers in rock and roll history. There is no “conspiracy,” no bad faith, no theft, no graft, and no ill will. We trust our fans will see through this, and we will be able to get back to work on the one thing we all know Dave Brockie loved; GWAR.

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