For Immediate Release:
6/3/2003
FAMILIES OF SEVEN SNIPER VICTIMS JOIN LAWSUIT AGAINST GUN DEALER, MANUFACTURER
Victims Assert Legal Rights In Face Of Gun Lobby Push To Bar Suits
Washington, D.C. -- The Brady Center to Prevent Gun Violence announced today that seven additional victims and families of victims are joining in the lawsuit originally filed in January against the manufacturer of the Bushmaster assault rifle used by the D.C.-area snipers and the gun dealer whose negligence put the rifle in the snipers' hands. The new filing, made in the form of an Amended Complaint for Damages, comes at a time when the gun lobby is pushing legislation in Congress, S.659, that would protect the gun industry from lawsuits by gun violence victims, including the legal claims asserted by the sniper victims and their families.
"By joining this lawsuit, these victims of gun violence are standing up for their legal rights," said Brady Center Senior Attorney Jonathan Lowy. "They are also standing up to the gun lobby that is pressuring Congress to deny those rights. Can the Senate supporters of S.659 explain to these victims why they should be denied their day in court?"
On January 16, 2003, Brady Center attorneys, along with Seattle trial lawyer Paul Luvera, filed suit in Superior Court for Pierce County, Washington on behalf of the families of two victims of the sniper shootings: James L. "Sonny" Buchanan, Jr. and Conrad Johnson. The suit was filed against Bushmaster Firearms, Inc., the manufacturer of the Bushmaster XM-15 E2S .223 caliber semi-automatic assault rifle used by the snipers, and against Bull's Eye Shooter Supply, the Tacoma, WA gun dealer from which the Bushmaster mysteriously "disappeared," ending up in the hands of the snipers. The suit also named as defendants the two individual owners of Bull's Eye, Brian Borgelt and Charles N. Carr, as well as sniper suspects John Allen Muhammad and John Lee Malvo.
The suit charged Bull's Eye with operating its gun shop in such a grossly negligent manner that scores of guns, including the high-powered Bushmaster, inexplicably "disappeared" from the store. The suit asserts that Bull's Eye took the gun into its inventory in July of 2002, that both sniper suspects had visited the store after that date, and that Bull's Eye did not report the gun missing to authorities until after it was confiscated from the suspects following their arrest. Because both sniper suspects were legally prohibited from buying guns, they could not have obtained the gun without the gun shop's negligence. Bushmaster Firearms is charged with negligence in continuing to sell high-firepower assault rifles designed for combat use through Bull's Eye even though prior government audits of the store had revealed hundreds of missing guns.
The additional victims and family members joining the suit include:
Ted Franklin of Arlington, Virginia, the husband of Linda Franklin, an FBI analyst who was shot and killed as they were shopping at a Home Depot in Falls Church, Virginia.
Lisa Brown, the mother of 13-year-old Iran Brown, who was shot and wounded at Benjamin Tasker Middle School in Bowie, Maryland.
Margaret Walekar, the wife of Premkumar A. Walekar, who was shot and killed as he refueled his cab at a Mobil gas station in Aspen Hill, Maryland.
Rupinder "Benny" Oberoi, who was shot and wounded as he closed the Hillandale Beer and Wine store of Silver Spring, Maryland, where he worked.
Carlos Cruz, the husband of Sara Ramos, who was shot and killed while sitting on a bench in Silver Spring, Maryland, waiting for a ride to take her to a babysitting job.
Nelson Rivera, the husband of Lori Lewis-Rivera, who was shot and killed as she was vacuuming her van at a gas station in Kensington, Maryland.
James Ballenger, III, the husband of Hong Im Ballenger, who was shot and killed outside the beauty store she managed in Baton Rouge, Louisiana.
Among the new facts asserted in the sniper victims' Amended Complaint are:
Between 1997 and 2001, law enforcement authorities traced guns involved in 52 crimes to Bull's Eye, including homicides, kidnappings and assaults, including numerous publicly reported violent crimes such as one of Washington State's most heinous mass murders, the Trang Dai Cafe killings in Tacoma. This high number of crime gun sales places Bull's Eye in the top one percent of all dealers nationwide in sales of crime guns.
Between 1997 and 2000, Bull's Eye sold 663 guns to 265 individual buyers -- sometimes as many as ten guns at a time. ATF has recognized such multiple sales as an indicator of gun trafficking.
On September 13, 2001, during a 2001 ATF audit, Bull's Eye finally filed its "Federal Firearms Licensee Theft/Loss Report" which it had agreed to file as part of an audit the previous year. Bull's Eye reported 160 lost or stolen weapons. At least 10 of the weapons listed were AR-15 type assault weapons. Six of the weapons reported stolen or lost were manufactured by Bushmaster. At least five of these Bushmaster weapons were AR-15 type weapons. An audit in 2002 found an additional 78 "missing" weapons, putting the total at least at 238 "missing" guns. This puts Bull's Eye in the top fraction of 1% of gun dealers nationally for "missing" guns
CRC