Jurors have been gathering in the Santa Clarita Courthouse every weekday since last Friday to hear conflicting testimonies surrounding the sexual battery charges brought against Sam Gardian, a Newhall restaurant owner.

The Los Angeles County District Attorney’s office charged Gardian with four misdemeanor counts, two of battery and two of sexual battery in 2016.

Almost two years later, in front of a Santa Clarita jury, Deputy District Attorney Taylor Carr began to illustrate the incidents that led a then 21-year-old ex-employee of Southern Smoke BBQ and Brewhouse to contact police about one of the owners, 48-year-old Sam Albert Gardian.

Prosecutors argued Gardian created a hostile work environment for his employees with little tolerance for mistakes. The victim said the restaurant owner would react to a simple mistake like an incorrect order by smacking her on the back of the head — leading to the first battery charge.

The second comes from a separate incident in which the defendant allegedly grabbed the woman’s tongue with his bare hand, shook it, and told her to stop running her mouth, according to the multiple testimonies.

Both sexual battery charges stem from the events of a single night, during which Gardian allegedly assaulted the woman in and around the barbecue restaurant.

“There was already a hostile work environment, but on April 24, 2016, it escalated. It escalated into danger and trauma for (the victim).  It escalated into a situation where a 60 year old supervisor thought it was okay to shove his hand down the underwear of a 21-year-old employee.” said Carr, ending her opening testimony on Friday.

Defense Attorney David Diamond had previously stated and still maintains that “there was never any sexual battery,” and that “the alleged victim was written up on multiple occasions for misconduct at work.”

“In fact, the allegations only arose after she was given her final warning, with a threat of termination,” Gardian’s lawyer contended.

Diamond attempted to paint a different portrait of the defendant for the jury, describing him as “a first time restaurant owner who, incidentally, is 48, not 60.”

Diamond said Gardian was diagnosed with OCD and Asperger’s syndrome, but tried to create a restaurant environment that thrives for all his workers.

The first two witnesses brought up by the prosecution were also ex-employees of Southern Smoke. The first, one of the alleged victim’s closest friends, was witness to both simple battery incidents. The second, a young woman who met the accuser at the restaurant but claims they are not friends, witnessed the incident that led to the first sexual battery charge.

The two women will be referred to as witness one and witness two, respectively, in this story.

Witness one took the stand Friday to describe to the jurors the events of one particularly slow Sunday night in 2016. Witness one asked Gardian if she could leave work early due to the lack of business.

“‘What makes you think that’s okay?’” responded Gardian, according to the witness. The hostess reportedly told her boss that the victim had told her it was a normal request for slow nights.

In response, Gardian reportedly called the alleged victim over, asked her to stick her tongue out, grabbed it, shook it and told the alleged victim to “stop running your mouth.”

Witness two testified Monday, claiming she was standing near the bar when Gardian committed the alleged assault. Witness two said she did not see the moments leading up to the incident, but she saw Gardian look down at the alleged victim’s chest while holding a piece of ice.

The woman, thinking he was going to put the ice down her shirt, reportedly said “no” and began walking away. Gardian reacted by pulling the young woman back by the belt loop and shoving the ice, along with his entire hand, down the back of her pants, according to the testimony of witness two.

The victim was the third witness for the prosecution; her testimony spanned Monday and Tuesday.

Related: Employee Accuses Newhall Restaurant Owner Of Sexual Harassment

She claims that Gardian placed his hand directly on her vagina during the first sexual battery incident and that she was so disturbed that she left as quickly as possible because her shift was already over. She also testified that Gardian followed her to her car and put his hand down the front of her pants.  

The defense brought up two witnesses on Tuesday. The first, Deputy Eric Capeloa, was still in training when he took the statements of the alleged victim less than a week after the incident in question.

Capeloa said that the victim changed her story, initially telling him the defendant only touched her buttocks during the first sexual battery incident and that the second sexual battery incident occurred inside the restaurant, before later testifying that it occurred in her car.

Capeloa also mentioned that he read the story he had written down back to the alleged victim for corrections or clarifications.

The second witness brought up by the defense was Deputy Alicia Ramirez, who was supervising Capeloa when he questioned the alleged victim. She insisted that Capeloa’s report was fully accurate in respect to the statement given.

On Wednesday the defense brought up their last three witnesses, all of whom worked at Southern Smoke at the time of the incidents in question.

One of the witnesses Wednesday was an ex-sous-chef for the restaurant, who testified about his ex-boss’ alleged toxic temper.

The chef testified that multiple waitresses at the restaurant had come to him complaining that Gardian had been flirting with them and making inappropriate advances.

He also claimed that Gardian had personally bragged to kitchen staff about having sex with people in the restaurant, identifying on which tables and chairs they had done so.

This chef said he walked the victim to her car, and heard giggling from the vehicle, bolstering the defense’s claim that Gardian did not force himself on the woman.

The defense summed up their closing argument on Thursday by reminding the jury that the burden of proof lies with the prosecution, and that if the jurors are not certain beyond a reasonable doubt of Gardian’s guilt, they cannot convict him

“I asked at the beginning if you could convict my client if you think he might have done it, and you all said no,” said Diamond.

But Carr said the proof was in the testimony.

“It’s about what you believe,” she said. “The witnesses came in, they told you what they saw and what they know and if you believe them… then this case has been proven. It’s really that simple.”

The jury began deliberating on Thursday and will likely reach a verdict Friday.

Aaron Lanuza contributed to this report. 

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