A Sutherland Springs family is suing the retailer that sold church shooter Devin Kelley the assault rifle that killed three of their family members.
The Webster Law Firm confirmed the Ward family is suing Academy Sports and Outdoors for its 'negligent failure to follow existing gun control laws' according to a press release sent to KENS 5.
In April 2016, the suspect was able to purchase a Ruger AR-556 at a San Antonio Sporting Goods that was used to kill 26 people inside of First Baptist Church of Sutherland Springs on November 5, 2017.
The lawsuit details that Kelley reportedly used a Colorado address to purchase the gun. This should have disqualified him from transporting the gun to his Texas residence.
"When Kelley purchased the Ruger, he reported a Colorado Springs, Colorado address on his Firearms Transaction Record, Form 4473, a federal form. This should have disqualified Kelley from ever purchasing the assault rifle. Kelley’s identification indicated he was a resident of Colorado—not Texas. Meaning, he never should have been sold the very weapon he used in the Sutherland Springs shooting because it would have been illegal for Kelley to transport that gun to his residence. Instead, Academy should have transferred the firearm to Colorado, for Kelley, a Colorado resident, to retrieve." reads the press release.
See the full petition below.
The Ward family lost 30-year-old Joann Ward, 5-year-old Brooke Ward, and 7-year-old Emily Garcia.
Ryland Ward, age 5, was shot five times and miraculously survived.
The Holcombe family also filed a federal claim against the U.S Air Force after losing nine members in the church shooting. The Air Force admitted that it did not submit relevant information from Kelley's time there that would have stopped him from purchasing guns.