A man that handed over his loaded gun to an angry neighbor, who then proceeded to use the gun to shoot and kill another man, is being named in a wrongful death lawsuit citing negligence, as reported by The News Journal.
V.A., the mother of R.A., who was the man shot to death, is also the administrator of his estate. The suit was filed on October 29 in Whitley Circuit Court and names J.D. as the defendant.
Representing V.A., attorney Stephanie L. Collins wrote, "(J.D.) negligently loaned (B.C.) a loaded Glock when he knew he was an angry man. As a direct and proximate result of the aforementioned negligence, the plaintiffs suffered serious physical and emotional injury including death. The death of (R.A.) resulted from an injury inflicted by the wrongful acts and/or negligence of the defendant (J.D.)"
The suit seeks a trial by jury and compensatory damages. Other costs associated with the lawsuit, including attorney's fees and interests, are also sought.
The man that pulled the trigger, B.C., is not named in the lawsuit, as Collins feels he doesn't have the financial ability to pay a monetary judgment. B.C.'s guilt in the crime, however, is not disputed.
The lead attorney, Ed Deters, said that the reason for the lawsuit was because, "If he didn't have the gun, he wouldn't have had a trigger to pull."
The gun was a Glock .40 caliber semi-automatic handgun.
J.D. and B.C. were friends, according to Deters, and J.D. knew what B.C. planned to do with his gun.
J.D.'s homeowner's insurance may be tapped for a monetary settlement if he is found guilty of negligence.
After shooting V.A., B.C. allegedly reported what he had done to a 911 dispatcher. He said that he know he would "go to prison over this, but it's worth it." He has been indicted for murder and two counts of first-degree wanton endangerment. He is facing 20 to 50 years or life in prison if found guilty.
The shooting occurred on August 20. V.A. and his girlfriend – B.C.'s daughter – and their baby were in the process of leaving the home they shared with B.C. As they loaded up their truck with diapers, B.C. was two houses away, borrowing J.D.'s gun.
The suit states, "(The family) got in the vehicle to leave when (B.C.'s daughter) asked (R.A.) to go to her dad so she could ask him for some money. (B.C.) and (J.D.) were out on the patio. When they pulled up (B.C.'s daughter) asked her dad for the money."
At this point R.A. and B.C. began arguing. R.A. then joined his family in his car, and as he attempted to drive away, B.C. walked up to the truck and fired one round into the right rear end of the vehicle.
R.A. exited the vehicle, approached B.C. and cursed at him. B.C. continued to advance, gun in hand. R.A. retreated to his car and B.C. then fired two shots directly into R.A.'s skull and four into his body.
Police reported that B.C. and J.D. had spoken about B.C purchasing the Glock for a while, well before the incident.
There are no criminal charges against J.D.
Loosing a loved on under any circumstances is difficult. However, loosing a loved one with the knowledge that it was due to negligence is cause for a wrongful death lawsuit. Contact a personal injury lawyer today for help!