According Firearm Chronicles
U.S.A. –-(AmmoLand.com)- On 1 May, 2020, Attorney Craig Heidemann filed a lawsuit against Academy Sports, contending they contributed to the unlawful death of Aaron “Josh” Hampton, who was one of the roommates of Luis Perez. Perez is an illegal immigrant accused of murdering Hampton, another “roommate” and a woman, Sabrina Starr. Starr is said to have supplied Perez with the gun, while another woman, Nyadia Burden, is accused of purchasing the ammunition for Perez. From AP via kmbc.com:
The lawsuit alleges a worker at Academy Sports in Springfield should have realized the woman who bought the bullets, Nyadia Burden, intended to give them to Luiz Perez. The 24-year-old Perez couldn’t buy ammunition because he was in the country illegally, had no driver’s license and was facing felony charges, according to police. The lawsuit also names Burden.
Perez is facing the death penalty in the Oct. 31, 2018, deaths of his ex-roommates, 38-year-old Steven Marler and 23-year-old Aaron “Josh” Hampton, and the wounding of two others. Prosecutors allege he fatally shot Sabrina Starr, 21, the next day. She had provided him with the gun he used, police said.
Perez is reported as having been kicked out by the other roommates. Revenge may have been a motive.
Perez should have been deported in 2018 but was released by New Jersey. It is reported there were multiple warrants for Perez arrest:
Greene County prosecutors said Perez had an arrest warrant from Middlesex County for third-degree terroristic threat.
Neudauer said Perez had previously been a recipient of the Deferred Action for Child Arrivals program, or DACA, in 2012 and 2014. It’s not clear whether he did not apply in 2016 or was no longer eligible.
From ice.gov: “Yet again, an ICE detainer was ignored and a dangerous criminal alien was released to the streets and is now charged with killing three people,” said ICE Acting Executive Associate Director Corey Price. “Had ICE’s detainer request in December 2017 been honored by Middlesex County Jail, Luis Rodrigo Perez would have been placed in deportation proceedings and likely sent home to his country – and three innocent people might be alive today. It is past time that localities realize the perils of dangerous sanctuary policies and resume their primary goal of protecting their residents.” The shooting was reported as occurring on 31 October, 2018. From Judiciary.senate.gov:
In November 2018 Aaron Hampton was shot more than 25 times by a repeat offender,criminal illegal alien in Springfield, Missouri. ICE had a detainer on Luis Perez and had requested Middlesex County,New Jersey hold him for deportation proceedings following his arrests for felony crimes including assault, aggravated assault and child abuse. Had the ICE Detainer been honored, as every detainer should be, Aaron Hampton would be alive today.
Missouri state laws, as listed by the BATFE, do not require a store to check people to see if they may legally purchase ammunition. It is likely unconstitutional to do so, as indicated by a recent ruling in the Ninth Circuit.
Perez was prohibited from legally purchasing ammunition because he is an illegal immigrant, and was facing felony charges.
The Protection of Lawful Commerce in Arms Act (PLCAA) prohibits people from suing ammunition sellers if the ammunition seller did not break laws while selling the ammunition. There are a couple of exceptions. This lawsuit appears to be using negligent entrustment.