The wrongful death complaint filed in Suffolk County Supreme Court by Benjamin Torres, acting on behalf of the estate of Valerie Mack, presents claims of wrongful death, assault, battery, false imprisonment, and unjust enrichment against Rex Heuermann, Asa Ellerup, and Victoria Heuermann. The central theory of liability against Ellerup rests on the doctrine of willful blindness — alleging that she knew of, concealed, or consciously avoided learning material facts concerning the murders.
Heuermann pleaded guilty on April 8, 2026, to seven counts of murder and admitted to the intentional killing of an eighth victim, Karen Vergata. He agreed to serve consecutive life sentences without possibility of parole. Sentencing is scheduled for June 17, 2026. The guilty plea eliminates the question of liability for Heuermann in any subsequent civil proceeding.
The unjust enrichment claim targets proceeds reportedly exceeding one million dollars that Ellerup and Victoria Heuermann received for participation in a Peacock documentary. The plaintiff has sought judicial intervention to prevent the dissipation of those assets. Ellerup’s attorney, Robert Macedonio, has characterized the lawsuit as reckless and maintained that both women cooperated fully with law enforcement throughout the investigation. Defense attorney and former prosecutor Eric Faddis provides analysis of the willful blindness standard as applied to a spouse who prosecutors confirmed was absent during each alleged offense, the evidentiary weight of pre-plea public statements, and the legal viability of the unjust enrichment theory.
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