search

Poway shooting victims sue gunmaker, alleged shooter and his parents

Lawsuit filed asking for monetary relief and demanding reform of business practices targets Smith and Wesson as well as store in San Diego that sold the firearm used in attack

A San Diego county sheriff's deputy stands in front of the Poway Chabad Synagogue in Poway, California, April 28, 2019, after a shooting. (AP /Denis Poroy)
A San Diego county sheriff's deputy stands in front of the Poway Chabad Synagogue in Poway, California, April 28, 2019, after a shooting. (AP /Denis Poroy)

JTA — Victims of the shooting attack at the Chabad of Poway have filed a lawsuit against the gunmaker Smith & Wesson and the gun store in San Diego that sold the suspected shooter his firearm.

The lawsuit, filed Monday in San Diego Superior Court by the gun control advocacy group Brady United, also targets alleged shooter John Earnest and his parents.

Lori Kaye, 60, was killed in the attack on April 27, 2019. Three people were injured, including the rabbi of the San Diego-area synagogue, who lost a finger.

The lawsuit asks for monetary relief and demands that all parties reform their business practices.

Poway Chabad synagogue shooting defendant John Earnest during his preliminary hearing in Superior Court in San Diego, September 19, 2019. (John Gibbins/The San Diego Union-Tribune via AP, Pool)

Earnest has pleaded not guilty to federal hate crime charges, which make him eligible for the death penalty if convicted.

Following the attack, he told a 911 dispatcher that “I’m just trying to defend my nation from the Jewish people … They’re destroying our people,” according to the affidavit. He then told the dispatcher that “the Jewish people are destroying the white race.”

The lawsuit alleges “irresponsible and unlawful conduct by a firearms manufacturer and seller for making, marketing, or selling weapons in an unsafe and illegal manner,” the Times of San Diego reported. It also claims that San Diego Guns unlawfully sold Earnest, 20, the rifle used in the shooting, as he lacked a valid hunting license to buy such a weapon at his age.

S&W Sport II | Two available. www.gunssd.com

פורסם על ידי ‏‎San Diego Guns‎‏ ב- יום חמישי, 25 באוגוסט 2016

Smith & Wesson illegally designed and marketed its M&P 15 Sport II rifle to appeal to a “dangerous class of would-be mass shooters,” including by falsely associating the product with the US military and law enforcement, according to the lawsuit.

The suit also alleges Earnest’s parents “negligently facilitated their son’s (the shooter’s) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his avowed, virulent anti-Semitism and propensity for violence.”

read more:
comments