An educator in Uvalde, Texas has filed a petition in court to investigate the gun manufacturer whose AR-15 assault rife was used in the mass elementary school shooting on May 24. This shooting took the lives of 19 children and two teachers.
The petition to investigate the company, Daniel Defense, was submitted on Thursday. Daniel Defense is a company that makes guns and is based out of Georgia. The filer is Emilia Marin. She is part of the staff at the school and was outside delivering food to the location for a celebration for the end of the year. At that time she witnessed the car crash, according to Don Flanary, Marin’s attorney.
Flanary stated that Marin went into the building to get her cellphone to dial 911 in regard to the crash. She was speaking to 911 when she went back into the building and saw the gunman jumping the fence and heading to the school. She explained the the 18-year-old had a gun strapped on his chest.
Details From Marin’s Attorney
She had propped the door open with a rock when she exited the school. As she ran into the building for safety, she kicked the door shut.
The door is one of the numerous details about the shooting that police originally gave wrong information about. Initially, authorities told the public that a staff member that was not identified had left the door open. They said the door being open allowed the shooter to enter the building. Later, officials stated that security footage confirmed that she had closed the door. However, it did not lock automatically as it was meant to.
The misinformation created additional trauma that Marin had to face. She was not harmed physically during the shooting, according to Flanary.
Her lawyer explained that she is not okay psychologically. She has seen her medical providers and is going to continue receiving help. He added that it will take a long time, for her and many others.
The court proceedings by Marin seem to be the first actions taken in this situation. It is not a lawsuit officially. However it is a pre-suit petition that looks to see if the company is able to be sued for how the weapons are marketed. Texas gives all groups power to look into possible claims before they file a lawsuit under a provision known as Rule 202.
What Information is Being Searched for
The current proceedings also look for information about the AR-15 rifles that police say were discovered in the hotel room of the shooter of the 2017 mass shooting in Las Vegas. They are trying to discover if the company did any marketing changes after that shooting.
Flanary also stated that everyone is aware that mass shooting in schools are occurring. He described it as an epidemic. They are trying to determine what the company is doing to change how they market their guns.
He added specifically in regards to the Uvalde shooter, that they are attempting to investigate if they company marketed to the shooter. If they had, did they do anything that caused the gunman to want to purchase the gun, when the 18-year-old should not have? That is what they are worried about.
Also, the filing has similarities to the $73 million lawsuit that was received in February by family members of some of the individuals killed in the Sandy Hook School shooting in 2012. The shooting took place in Newtown, Connecticut.
Sandy Hook Gun Manufacturer Lawsuit
During that court proceeding, families of the Sandy Hook victims argued that the Remington gun company marketed the gun used in the massacre irresponsibly. The marketed the gun to young men that were at-risk, like the shooter at Sandy Hook. It was marketed in violent video games as the weapons were used as product placement. Also, the Remington company is based in Madison, North Carolina. They denied the claims.
Attorneys that represent the father of Amerie Jo Garza, 10-year-old victim in Uvalde, explained that they are looking for information from the company Daniel Defense on marketing practices as well. This information is from Josh Koskoff with Koskoff Koskoff & Bieder, the law firm that sued the gun manufacturer of the gun used at Sandy Hook Elementary School.
Written by Marrissa Kay
Sources:
NBC News: A Robb Elementary staffer has filed the first legal action against the company that made the gun used in the school massacre; by Elizabeth Chuck and Alan Cohen
CNN News: The maker of a gun used in the Texas shooting has a history of controversial weapons ads; by Amir Vera and Tom Foreman
NPR News: Uvalde parents and school staffer start legal action against gunmaker; by Laura Benshoff
Featured and Top Image Courtesy of Theleom’s Flickr Page – Creative Commons License
Inline Image Courtesy of Ed Hunsinger’s Flickr Page – Creative Commons License
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