AutoZone faces lawsuit after a Fort Worth employee shot a customer in 2021
A man who police said was shot by a Fort Worth AutoZone employee on Nov. 7, 2021, has filed a lawsuit against the employer, alleging negligence by the car parts company when it hired the worker, according to a lawsuit filed Wednesday.
Markell Sallis is seeking $1 million in monetary relief after the shooting, alleging in the suit that Ernest Cary Jr., the 40-year-old employee, caused mental anguish, physical pain, disfigurement and scarring, physical impairment, medical care costs, loss of services and loss of earning capacity and wages. The lawsuit was filed in a Tarrant County district court.
Cary was charged with aggravated assault with a deadly weapon on Nov. 23, according to Tarrant County court documents. The criminal case is still pending.
Police on Nov. 7 told the Star-Telegram that their initial investigation suggested Cary, whose identity had not been released at the time, was reacting to Sallis becoming “irate” and patting himself as if he were armed at the AutoZone at 8636 S. Hulen St. around 11 a.m.
Police said they planned to review witness statements and surveillance video and consult with the district attorney’s office about possible charges.
During the investigation, police said witnesses at the auto parts store recalled Sallis being verbally aggressive and acting in a hostile manner but that they never heard him claim to have a weapon or threaten to kill anybody, according to an arrest warrant affidavit for Cary.
Sallis was taken to a hospital in critical condition, and police said at the time Cary was cooperating with their investigation.
The lawsuit says Sallis was at the store to exchange a vehicle battery and that Cary shot him multiple times without warning. It claims the company was negligent in hiring Cary and knew or should have known that Cary was “incompetent or an unfit employee thereby creating an unreasonable risk of harm to others” when he was hired, and is thus responsible for his actions and the harm done to Sallis.
A spokesperson for AutoZone did not immediately reply to a request for comment.
The lawsuit claims AutoZone failed to “investigate, screen, or supervise its employees” and that resulted in Sallis’ injuries.
Cary was released on $50,000 bond and is scheduled to appear in court on the assault charge on Feb. 9, according to Tarrant County court records.
Cary’s attorney declined a Star-Telegram request for comment.
Sallis is asking for the lawsuit to be heard by a jury, according to the suit.
What police now say happened
Police said in the arrest warrant affidavit filed for Cary that he told police Sallis was “irate” while attempting to return a vehicle battery, valued at $300, for which he did not have a receipt. Cary told police Sallis was known for attempting to return items to stores without receipts and he told Sallis to take the battery back to the store where it was purchased. After the encounter, Cary told police he felt “nervous” after Sallis left and went to retrieve his gun from his truck.
Sallis came back at some point, telling Cary he tried to return the battery at another store but couldn’t and began threatening to kill Cary, the AutoZone employee told police in the affidavit. Cary, who had a license to carry a handgun, drew his weapon and shot Sallis five times as Sallis approached him threatening to kill him. Cary told police that before he drew his gun he told Sallis multiple times to back up.
According to the affidavit, Cary told police he felt “nervous” just before shooting Sallis and he would have just fought Sallis had Cary not been armed. Cary said he did not tell Sallis to leave the store at any point and did not call 911 during the encounter, only dialing for police after the shooting.
Witnesses at the store told police Sallis was being loud and acting hostile and had been verbally aggressive toward Cary, but that they did not see any weapons or hear Sallis make any threats of using weapons against Cary, according to the affidavit.
Police reviewed surveillance footage from inside the store and found that Sallis did not go beyond the service counter in the store. Just before the shooting, Sallis appeared to be pulling up his pants when Cary drew his weapon and fired on Sallis at close range, continuing to shoot until Sallis was on the ground, police said in the affidavit.
Police said in the affidavit that Sallis was not armed. Sallis told police in an interview at Harris Hospital that he “purposely began being loud and belligerent” toward Cary and that Cary grew more upset as the exchange went on.
He told police he thought Cary was typing something on the computer to avoid giving him cash for the transaction and Cary wouldn’t show him the screen. He told police he approached the side of the counter to see what Cary was doing on the computer and Cary shot him.
Sallis told police he believed Cary was trying to kill him because he was angry at Sallis for calling him names, according to the affidavit. He told police he believed Cary was aiming for his head because at one point he put a hand up near his head and that hand was shot. He said he never threatened to kill anybody and that after he had been shot Cary kept telling him that he was sorry and asking for forgiveness.
Sallis was on the floor and bleeding for about eight minutes before he received medical attention as police arrived, authorities said they saw on surveillance footage. Cary could be seen pacing by Sallis several times while he was talking on the phone.
Police said they believe Cary retrieved his weapon in anticipation of Sallis’ return and failed to call police or tell the man to leave after he returned to the store.
This story was originally published January 27, 2022 at 4:26 PM.