Victims of El Paso Mass Shooting File Lawsuit Against Walmart

Don Coca, father of Walmart shooting victim Jessica Garcia, talks about the lawsuit filed against Walmart with Lawyer Patrick Luff Wednesday, Sept. 4, at James Kennedy PLLC in El Paso. Jessica and Guillermo Garcia, who were both severely injured in the Aug. 3 mass shooting, filed the lawsuit against Walmart Inc. and Wal-Mart Stores Texas LLC. onÊ Aug. 30 in El Paso County district court. (Photo: BRIANA SANCHEZ / EL PASO TIMES)

A family left coping with the devastation of the El Paso Walmart mass shooting is demanding change in a lawsuit they filed against the retailer that argues the attack could have been prevented.

Jessica and Guillermo Garcia, who were both severely injured in the Aug. 3 mass shooting, filed the lawsuit against Walmart Inc. and Wal-Mart Stores Texas LLC on Aug. 30 in El Paso County district court.

The lawsuit, which is not asking for monetary compensation, is seeking to get answers as to why Walmart did not have armed security or measures in place to prevent the shooting that resulted in the deaths of 22 people and injured another 24.

Patrick Crusius, a white male who told police he was targeting Hispanics, walked into the store Aug. 3 and shot at hundreds of customers and employees.

The lawsuit claims Walmart officials were grossly negligent by failing to have proper security in place to prevent the tragedy.

“I don’t know the answers to this, but I definitely think that if they had armed security there, this would have turned out different,” said Don Coca, father of Jessica Garcia,  who is acting as the family’s spokesman. “They (Walmart) could have prevented it. There are a lot of things that could have been done differently.”

Jessica and Guillermo Garcia, who were with their two children at the time of the shooting, were shot multiple times. The children were uninjured.

Guillermo Garcia was shot at least once in the spine and has undergone multiple surgeries. He remains in critical condition at Del Sol Medical Center. Jessica Garcia was also hospitalized for her injuries.

Coca said the lawsuit’s goal is to make sure Walmart puts in place policies including hiring armed security guards that will prevent anyone else from having to suffer like his family and dozens of other families.

“Walmart and any store has the duty to protect their customers,” said Patrick Luff, one of the lawyers representing the family. “It was a busy day on Aug. 3 and Walmart had no apparent security at the store. If it had had a visible security presence, the shooter would not have seen this as a target of opportunity and wouldn’t have come to this Walmart.”

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SOURCE: USA Today; El Paso Times, Aaron Martinez