LOUISVILLE, Ky. — Nine months after a mass shooting in downtown Louisville, a group of survivors and victims’ family members are suing the local gun shop that sold the gunman the rifle used in the tragedy.
During a news conference Tuesday, attorneys claim River City Firearms chose “profits over safety” by ignoring several red flags and “upselling” 25-year-old Connor Sturgeon additional attachments and magazines along with the AR-15 style rifle used to kill five people and injure several others.
According to the lawsuit, Sturgeon appeared uneasy in the gun store, avoided eye contact, and showed a lack of knowledge about guns when he purchased the rifle six days before the shooting at Old National Bank.
Attorney Tad Thomas said licensed firearm dealers, like River City, are instructed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that they are “the first line of defense in preventing firearms from falling into the wrong hands and that they should not proceed with suspicious sales.”
“River City should have realized that something was amiss,” Thomas said. “The consequences of ignoring these red flags were foreseeable and tragic.”
WHAS11 News has reached out to River City Firearms owner Derrick Meyers, but he said he wouldn't comment at this time.
Why sue the gun store?
Several nationally renowned law firms, known for their work with survivors of other mass shootings across the United States, are assisting with the new lawsuit.
Alla Lefkowitz, senior director of affirmative litigation at Everytown Law, said survivors of mass shootings band together and take legal action in the wake of their unimaginable pain in hopes of preventing similar tragedies from happening to others.
Lefkowitz said the red flags Sturgeon presented are exactly what licensed firearm dealers are trained to spot, “just as pharmacists are trained to look for suspicious behavior when selling Sudafed, or doctors are trained when prescribing pain medication – their professional responsibilities require it.”
Attorneys said this lawsuit is about bringing accountability to the “actions and inactions” of River City Firearms but hope other gun stores across the nation are paying attention to Louisville.
“Our hope is that by filing this lawsuit…owners or employees of gun stores that are watching take note," Lefkowitz said. "And the next time a suspicious customer walks into their store, they are reminded of the devastating consequences of a negligent sale and of their obligations to prevent those consequences.”
The victims’ families and survivors of the Old National Bank shooting already plan to file a lawsuit against the rifle’s manufacturer, Radical Firearms. But on Tuesday, Lefkowitz said the legal team’s investigation remains ongoing into the marketing and distribution practices of companies further up the chain.
“For example, by looking into incentives given to gun stores to sell four large capacity magazines at one time,” she said. “This isn’t candy, these are things that make mass shooters more deadly.”
‘It can happen to you.’
Hans Poppe, who represents the families of Tommy Elliott and Juliana Farmer, said this new lawsuit highlights the urgent need for responsible measures in gun stores.
“Our focus is on responsible gun sales – background checks, vetting processes and enhanced security measures are crucial – yet, comprehensive gun control measures are essential,” Poppe said. “Closing loopholes, enforcing stricter background checks, and restricting access to assault weapons are not infringements on the Second Amendment, but safeguards for our citizens.”
During the news conference, many of the survivors and family members left behind said they feel a sense of guilt and a pain in the wake of the mass shooting.
Karen Tutt, the wife of Jim Tutt, said has found a new purpose in life, driven by the loss of her husband of 24 years, to take action to prevent another family from experiencing the trauma she feels now.
“My husband just went to work on April 10 – if it can happen to him and the countless others – school children and teachers, concert and movie-goers who have been massacred by acts of gun violence, it can happen to you or your loved ones too,” she said.
Thomas said ultimately, the families just want change, urging firearms dealers to take their obligations seriously.
“Hear the stories of these families. You are the first line of defense, and you can prevent this next tragedy,” he said. “I hope you’ll pay attention to what’s going on here today and what’s going on in Louisville, Kentucky and do things in your own shops to prevent the next tragedy.”
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