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Uvalde Mom Files Lawsuit Against Gun Manufacturer, Police and Others Over Daughter’s Murder

Sandra Torres, holds a photo of her daughter Eliahna, who was one of 19 students and two teachers killed in the school shooting in Uvalde, テキサス, at her attorney's office, 月曜日, 11月. 28, 2022, in San Antonio, where she filed a federal lawsuit against the school district, 警察, city and the maker of the gun used in the slaying. The gun manufacturer claim filed with the group Everytown for Gun Safety is part of a new legal push nationally to hold firearms makers accountable in mass shootings despite federal laws that grant broad immunity by focusing on marketing.

Sandra Torres, holds a photo of her daughter Eliahna, who was one of 19 students and two teachers killed in the school shooting in Uvalde, テキサス, at her attorney's office, 月曜日, 11月. 28, 2022, in San Antonio, where she filed a federal lawsuit against the school district, 警察, city and the maker of the gun used in the slaying. The gun manufacturer claim filed with the group Everytown for Gun Safety is part of a new legal push nationally to hold firearms makers accountable in mass shootings despite federal laws that grant broad immunity by focusing on marketing.

Sandra Torres.
写真: AP Photo/Eric Gay

Eliahna Torres called her mother early on the morning of May 24, 2022, to let her know she was nervous. That night was her final softball game of the season and the 10-year-old wanted to make the All-Star team.

After she hung up with her mother, Sandra Torres, her grandmother drove her to Robb Elementary School ユヴァルデの, テキサス, where she attended fourth grade.

Eliahna and her classmates were set to graduate in three days.

その周り 11:30 午前. an 18-year-old armed with a DDM4 V7 rifle and hundreds of rounds of ammunition walked into the school and then entered Eliahna’s classroom and opened fire.

Eliahna and 18 other children died in the mass shooting along with two teachers. Seventeen more children were injured.

The shooterremained in the connected classrooms for a total of 77 minutes from the beginning of his murderous rampage to the end, before the police entered,” according to a federal lawsuit filed Monday on behalf of Eliahna’s mother Sandra Torres by the legal arm of the gun violence prevention advocacy group Everytown for Gun Safety. “For more than an hour, hundreds of police officers from dozens of agencies stood idly by in the hallway as children in the classroom bled, 死亡しました, と呼ばれる 911 ヘルプのために, and hid under tables in fear.

The complaint accuses police, 警察官, the city, the school district, Daniel Defense — the maker of the gun the shooter used — and the gun shop Oasis Outback of negligence.

Sandra Torres said she wants accountability.

No parent should ever go through what I have,” she said in a statement accompanying her lawsuit.

苦情によると, law enforcement officers failed the children by not followingactive shooter protocols that required them to immediately engage the gunman without waiting for orders or backup,” the suit states. “Even though the first responders entered the school building three minutes after [the shooter], ローカル, state and federal officers waited 74 additional minutes before entering the classroom and killing [the shooter].”

Crosses set up to honor those who lost their lives during the Robb Elementary School shooting in Uvalde, Texas on November 8, 2022.

Crosses set up to honor those who lost their lives during the Robb Elementary School shooting in Uvalde, Texas on November 8, 2022.

MARK FELIX/AFP /AFP via Getty

Their reckless disregard for the safety and well-being of the children and adults in the school – without doubt one of the most tragic failures of law enforcement in U.S. history – meant that [the shooter] continued killing and Eliahna and her classmates lay dying and suffering for an unconscionably long period of time, without access to emergency medical and rescue services that might have saved their lives and without the possibility of being comforted by their families, who were so close.

The shooter was able to carry out the horrific attackbecause he was armed with a destructive weapon modeled after the M4 carbines carried by U.S. armed forces troops,” 苦情は述べています.

A memorial dedicated to the 19 children and two adults killed on May 24th during the mass shooting at Robb Elementary School

A memorial dedicated to the 19 children and two adults killed on May 24th during the mass shooting at Robb Elementary School

Brandon Bell/Getty Images

When the shooter arrived in the classroom, 苦情は述べています, 彼 “dropped to his knees and told the children it was ‘time to die.'

Marketing Stragegy Targeted Troubled Young Men: Suit

The complaint also claims that the marketing strategies used by Daniel Defense targeted “若い, isolated, troubled, and violentmen like the shooter byusing militaristic imagery to suggest that civilian consumers could (and should) use their weapons the way service members are sometimes asked to: to engage in offensive combat missions directed at other humans.

They furthered this message by placing their products in [the video game] Call of Duty, and then using social media like Instagram to amplify their product placement, even suggesting that consumers reenact the video games in real life with their products in hand. したがって, it was no accident that a young man with a history of violence who associated the military with killing people and was fascinated with Call of Duty purchased a Daniel Defense AR-15 rifle to perpetrate this horrific crime.

加えて, the lawsuit targets the gun shop, Oasis Outback, that delivered and sold the weapons and ammunition to the gunman.

One customer who saw [the shooter] at the store remarked that [彼] looked like a school shooter,” the suit states. “The owner of Oasis Outback questioned this quiet loner, dressed in all black, on how he could afford the guns and ammunition he was purchasing. But knowing there were these reasons to be concerned, including that [the shooter] was in a big hurry to acquire thousands of dollars of deadly weaponry within days of turning 18, Oasis Outback nevertheless sold and transferred to him enough guns, 付属品, and ammunition to fight off a small army – or, as it tragically turned out, slaughter 19 children and two children.

Eric Tirschwell, executive director of Everytown Law, said the shooting could have been prevented.

The massacre that killed Eliahna Torres and 20 others that day wasn’t just an act of one violent, troubled young man armed with an assault rifle,” 彼は言った. “There are several actors responsible for putting the gun in his possession and failing to protect the children he attacked.

The city of Uvalde tells PEOPLE, “The City has not been served and does not comment on pending litigation.

Oasis Outback and Daniel Defense did not return a call for comment.