SAN DIEGO — A San Diego man, who some are calling a Good Samaritan for stepping in to help a woman on an MTS bus last April, is expected to appear in court Thursday morning.
Edward Hilbert is facing a charge of involuntary manslaughter after restraining another passenger who got into a fight and later died.
They believe that the bus driver should have taken action to stop the altercation and are suing the MTS, saying that it should have had measures in place to protect its passengers.
"It has been an absolute nightmare," said Angela McGaff, Anthony's mother. "The pain has been immeasurable."
Anthony McGaff's parents said their son's death could have been prevented, had the MTS provided proper security on board Bus 235 the night of April 30.
"My son is dead," added James Smith, Anthony's father. "There is no resolve... I can't rewind it."
McGaff was on board that bus, which was heading along F Street near 14th Street when police say McGaff and a woman on board got into a fight.
Another passenger, 55-year-old Edward Hilbert, restrained McGaff for several minutes. Authorities said that McGaff fell unconscious and went into medical distress. He was then taken to a local hospital, where he later died.
The District Attorney's office ultimately charged Hilbert with involuntary manslaughter: a charge which carries up to four years in prison. McGaff has pleaded not guilty.
CBS 8 spoke with Hilbert's defense attorney, Heather Boxeth, who said she stands by her earlier comments following Hilbert's arraignment in July.
At that time, she said "We are extremely disappointed in the District Attorney's office for charging what turned out to be a tragic accident," and also stated that her client was not the only passenger on board "aiding in defense of a woman being attacked."
Following his arraignment, Hilbert's attorney also said, "I think this does make it very clear that you do not want to act as a Good Samaritan... it sends a very poor community statement."
McGaff's parents, though, do not see Hilbert as a Good Samaritan, and believe their son was aggressively provoked aboard the bus, leading to the altercation.
"It just escalated," James Smith, his father, told CBS 8. "It was something that could have been prevented if there was simply proper security. And that is what I truly believe."
In a statement, a spokesperson for the MTS said: "The top priorities for MTS is the safety of its passengers and employees. As this incident is the subject of pending criminal charges and civil litigation, MTS cannot comment."
This new lawsuit against the MTS does not name Edward Hilbert as a defendant.
Hilbert is expected to be in court Thursday morning for his previously scheduled preliminary hearing.
However, CBS 8 has learned that hearing will be postponed, most likely until some time early next year.
WATCH RELATED: Man who stopped an attack on MTS bus was arrested (May 2022).