Carlos Zelayo is suing Madison Square Garden for continuing to serve a visibly drunk off-duty cop at a college basketball game, before the man left the arena and killed Zelayo's son and put his wife in a coma, from which she hasn't emerged. Kevin Freibott is the Jersey City cop currently serving an 11-year sentence for vehicular homicide. He killed two-year-old Jose Carlo Zelayo (pictured) on the Pulaski Skyway.
Lawyers for MSG describe Zelayo's lawsuit as a "meritless sham" and don't think they should have have to pay the millions of dollars in medical expenses the family has already accrued, placing the blame for the accident solely on Freibott's shoulders. They point out that the last beer served at the Garden the night of the accident was at 9 p.m., two hours before the accident.
Where he went after the game is unknown and a six pack of beer was allegedly found in the front seat of Freibott's vehicle after the accident. A lawyer for the Zelaya family said they have video of Freibott unsteady on his feet even as he entered the Garden.