A Texas judge ruled the Sutherland Springs church mass shooting victims and their families could sue the sporting goods store where the suspect bought the firearm used in the massacre, according to The Dallas Morning News.
Jason Webster, an attorney for several victims and families pursuing the lawsuit, claims the store where the alleged shooter Devin Kelley purchased the assault rifle-style gun conducted an illegal sale.
Bexar County District Court Judge Karen Pozza denied the request of the sporting goods store, Academy Sports + Outdoors, to throw out the lawsuit, which means the lawsuit could eventually go to a jury trial.
The families claim the chain is liable for the shooting since employees at one of its Texas locations sold him a high capacity magazine that is illegal in Colorado, his state of residence.
The lawsuit is asking for millions in damages for physical and mental anguish, disfigurement and medical expenses over the Nov. 5, 2017, mass shooting, which left 26 dead.
Kelley, a 26-year-old military veteran, died after the shooting.
Kelley purchased the AR-556 model 8500 nearly 18 months before the massacre, but he purchased it using his Colorado driver's license.
Under Colorado law, an individual cannot buy, sell or transfer any firearms or magazines over 15 rounds, Webster said, even though the gun came with a 30-round magazine.
"Academy is the gatekeeper to protect people from buying guns who shouldn't have them," attorney Jason Webster said. "When you have a guy who's 850 miles from his home and paying cash ... that kind of raises some flags."
Webster said the store was expected to comply with the laws of both states and the store "knew or should have known at that time that he was a Colorado resident and he couldn't purchase" the firearm.
A spokeswoman for Academy Sports + Outdoors said the company would not comment on ongoing litigation.
But Janet Militello, Academy's attorney, argued last week state and federal laws prohibit the company from being held liable for Kelley's "evil acts."
"There was a horrible tragedy," Militello said. "Nobody thinks that this should be ignored. But Academy is not responsible."
But the lawsuit could push against the limits on whether shooting victims can file civil suits after mass shootings, which are common across the U.S., in order to get monetary damages from gun dealers.
The lawsuit claims the store owed the victims "a duty of reasonable care to ensure the safety, care and well-being of the public... By selling the gun and 30-round magazine to Kelley without the proper oversight and by failing to follow policies, procedures, and applicable law in selling firearms pursuant to the laws, defendant supplied Kelley with a dangerous instrumentality."
-WN.com, Maureen Foody
Photo:
AP / David J. Phillip
