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UPDATED: Newhall Restaurant Owner Sentenced To 90 Days In Jail, Probation For Sexual Battery

A Newhall restaurant owner was sentenced Tuesday after being convicted of four counts of battery, including charges sexual in nature, against a former employee.


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Sam Gardian, owner of Southern Smoke BBQ and Brewhouse, was sentenced to 90 days in jail and three years probation, and a three-year protection order was issued for the victim, according to the Los Angeles County District Attorney’s Office.

“It’s not about sex. Crimes like this are about power,” said Judge Robert J. Schuit with the Superior Court of Los Angeles County during the courtroom proceedings.

Gardian was convicted on all charges, including four misdemeanor counts: two of battery and two of sexual battery, according to D.A’s officials.

He was ordered to register for the rest of his life as a sex offender and complete 26 anger management classes, according to the Distisct Attorney’s Office.

The incidents happened at the Newhall restaurant owned by Gardian in 2016, said prosecutors.

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 the restaurant to contact police about one of the owners, 48-year-old 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.

See Related: Newhall Restaurant Owner Found Guilty On All Charges In Sexual Battery Case

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 … 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.”

“An innocent man was convicted for something that he did not do,” Diamond said. “A well-derived plot to make money and conjure up allegations trumped the true facts.”

Gardian is set to return to court on April 9 for a progress report in front of a judge, according to the D.A’s Office.

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UPDATED: Newhall Restaurant Owner Sentenced To 90 Days In Jail, Probation For Sexual Battery

9 comments

  1. Will the ninety days really be ninety days ?

  2. OMG….As an owner you’re NOT supposed to have “tolerance” for mistakes. That place is his livelihood and if YOU screw up..that customer may just NEVER come back. It’s nothing on you! You’re just an “employee”…free to QUIT at any time..and go work somewhere else that doesn’t give a crap. Incredible

    • This guy sealed his own fate with his customers; after learning how he treats his employees I’m pretty sure most of them are NEVER going back. Btw, are you the owner? Just curious. The comment referencing someone being “just an employee” (aka the lifeblood of any business) sounds like something the person described might say.

    • Mark, there is a big difference between writing up or reprimanding an employee to physically hitting, grabbing or sexually assaulting an employee. No boss has the right to treat an employee that way. Obviously, the courts agreed because he was sentenced.

  3. I hope the restaurant stays open. The food is really good and people have jobs. Sam was running a tight ship, which is precisely what got the place its reputation.

    Sam will have to deal with the legal thing.

    • So, as long as Sam runs a tight ship and has good food you condone sexual and physical abuse of employees, and you think the employee should just be thankful for their job. Sure hope you don’t have any daughters or sons for that matter.

  4. The conduct of this “tight ship” owner is outrageous. It takes years to build up a good reputation and publicized bad conduct to destroy a business. I wish the best to the victims of the violence.

  5. He is a pervert and should go to jail… He alsovhas takenmoney from multiple woman saying that he loves them. Engaged to more than one at a time.

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About Devon Miller

Devon Miller was born and raised in Santa Clarita. He joined KHTS Radio as a digital marketing intern in September of 2017, and later moved to news as a staff writer in December. Miller attended College of the Canyons and served as the Associated Student Government President. Miller is now News Director for KHTS, covering breaking news and politics across the Santa Clarita Valley.