Uvalde school shooting victim's mom files lawsuit against gun-maker, school district, law enforcement

AP Photo/Jae C. Hong

Eliahna Torres was 10 years old when she was murdered in the mass shooting at Robb Elementary School in Uvalde, Texas last May. It was the third to last day of fourth grade for her, awards day at the school. Her mother has filed a federal lawsuit against the gun-maker, the school district, and local police departments. All together, there are dozens of people and entities named as defendants.

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That sounds like a lot of defendants but in this case, there are a lot of people who must be held accountable. It’s truly a horrible case, not just because it is a mass shooting that resulted in the deaths of 19 young children and two teachers, but also because so many trained first responders and law enforcement people didn’t do their jobs. Almost one hundred people who arrived at the scene of this horrific mass shooting at an elementary school allowed the unthinkable to happen – nothing. They did nothing to stop what was happening. Instead, law enforcement officers from several agencies and departments went into the school and stood outside the classroom where the killings were taking place for more than 70 minutes. It’s an unimaginable scenario, yet it happened. The videos released from that day are some that you’ll never forget after watching.

Sandra Torres, Eliahna’s mother, cites the lack of transparency and accountability.

“My baby never made it out of the school,” Sandra Torres said. “There’s no accountability or transparency. There’s nothing being done.”

“Eliahna loved her family, and she knew how much we loved her,” according to Torres. “I miss her every moment of every day. I’ve brought this lawsuit to seek accountability. No parent should ever go through what I have.”

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Her attorney said that sometimes all that’s left to do is file a lawsuit.

The 76-page suit focuses on Daniel Defense, the manufacturer and marketer of the AR-15-style weapon used in the shooting. It alleges that the “mass shooting was enabled by the illegal, reckless, and negligent actions” of Daniel Defense.

“Daniel Defense markets its AR-15-style rifles to young male consumers by using militaristic imagery and video game references, by marketing on various social media platforms, and by suggesting that its rifles can be used by civilians for offensive combat-style operations against non-combatants,” the suit reads.

Marketing employed by Daniel Defense is also unfair and in violation of the Federal Trade Commission Act, according to the lawsuit.

Torres is also going after the store that provided the shooter with the Daniel Defense rifle and sold him another, along with ammunition, accusing Oasis Outback of the negligent transfer of firearms.

The gunman “had picked up or bought well over $3,000 worth of guns and ammunition, including two AR-style rifles” from the store, which “had a duty not to sell weapons to the just-turned 18-year-old shooter, who it knew or reasonably should have known was likely to harm himself or others,” according to the action filed by Everytown Law and a Texas law firm on behalf of the mother.

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If Everytown sounds familiar, it’s because the organization is backed by billionaire Mike Bloomberg. He founded it in 2013 as Everytown for Gun Safety, a nonprofit that advocates for gun control and against gun violence. So, it isn’t a surprise that the gun-maker is central to the lawsuit.

The lawsuit was filed Monday in Del Rio, Texas. It was brought by Sandra Torres, Eliahna’s older brother, Eli, Jr., and her older sister, Justice. Besides Daniel Defense LLC, the family is suing the gun store that sold the shooter the weapons and ammo, the Uvalde school district, dozens of law enforcement officers, the city of Uvalde, Uvalde County, and the local fire marshal. Also included is the Texas Department of Public Safety and a Texas Ranger.

I have written about Uvalde frequently since that horrible day. Each time it is hard to shake how unbelievable this story is and how so many trained professionals let those children and their teachers down. As time moves on, there are less stories. Many of the families of the victims do not feel they have been given answers to their questions and complain about a lack of transparency. This lawsuit is the second one to be filed. I imagine there will be more.

It’s understandable to hold the law enforcement officers accountable, as well as the school district. It will be interesting to see how the lawsuit goes against the gun-maker. There may be legal grounds to sue Daniel Defense LLC, I’m not a lawyer or a legal expert, but it seems to me that it is blaming the gun and not the shooter. In this lawsuit, the marketing of the guns by Daniel Defense LLC is cited. The use of Instagram, in particular, is cited. Instagram is popular with a younger demographic. Using social media, though, is just good marketing practice for any company.

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A trial by jury has been requested.

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