Family sues Smokin Dragon Gifts owners, clerk for fatal shooting

Posted Tuesday, Dec. 31, 2013  comments  Print Reprints

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The parents of a 20-year-old who was fatally shot while attempting to flee Smokin Dragon Gifts in Arlington one month ago have filed lawsuits against the store’s owners and the clerk who shot their son.

Olawale Babatunde-Oscar and his wife, Abimbola, have filed wrongful death, survival and negligence lawsuits against Smokin Dragon Gifts owners Nancy Mona Lambert Tworek and Clinton Arnold Tworek , and clerk Johnathan Brian Lambert, who was arrested and later bailed out on suspicion of murder. The lawsuit was filed in Tarrant County civil court Friday.

On Nov. 26, Johnathan Brian Lambert shot Fuad Babatunde-Oscar when he allegedly attempted to shoplift from the store in the 5900 block of South Cooper Street and fled from the store, Arlington police said.

Fuad Babatunde-Oscar died after he was transported to an Arlington hospital. He was shot in the chest, said Ashley Fourt of the Tarrant County district attorney’s office.

Lambert was arrested that day on suspicion of murder because the detectives believe Fuad Babatunde-Oscar did not pose a threat to anyone in the store. Lambert was released on $50,000 bail the next day.

According to public records, Nancy Mona Lambert Tworek married Clinton Arnold Tworek in 1995, and she is the mother of Johnathan Brian Lambert.

Arlington attorney Greg Westfall with the Hill-Gilstrap law firm in Arlington is representing the Babatunde-Oscar family.

Westfall questioned how the owner can justify her workers “carrying guns around,” and said he is going to look into the way they do business in what he referred to as the “wild West of head shops.”

“You don’t get to shoot a guy for shoplifting, not even in Texas … if that’s what he [Fuad Babatunde-Oscar] was doing anyway,” Westfall said.

The family also is suing for the pain and suffering that Fuad suffered at the hands of Lambert after experiencing the “terror of being chased down and gunned down in the parking lot,” he said.

Westfall said he has not spoken with the Arlington Police Department about the case.

Another shooting

Coincidentally, a female manager shot a robbery suspect Dec. 14 to protect Lambert, who was working as a clerk at the Smokin Dragon Fort Worth location at 10621 South Freeway, according to police reports.

Christopher John Simmons, 46, is accused of pointing a gun at Lambert and demanding money. The police said they do not plan to file charges against the employee who shot Simmons in his right side.

The robbery suspect did not suffer life-threatening injuries.

Business repeatedly ‘victimized’

Lambert’s lawyer, Justin Sparks, previously told the Star-Telegram that the “business is repeatedly victimized, and there is an obvious need to have a firearm available in the business.”

Sparks said Texas law allows the use of deadly force when a robbery occurs in a business, and that Lambert felt justified using deadly force in November.

But Westfall wants to know what justification the owners have to arm the employees.

Nancy Mona Lambert-Tworek said Friday afternoon that she was unaware of any lawsuit.

“I don’t have any comment because I haven’t been informed of the lawsuit, and as far as I know it doesn’t exist,” she said.

Lambert-Tworek confirmed that she, too, has legal representation through Sparks.

Sparks did not return a phone call from the Star-Telegram seeking comment.

This article contains information from the Star-Telegram archives.

Monica S. Nagy, 817-390-7792 Twitter:@MonicaNagyFWST

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