Survivors, families sue property owner, motel for Allen Premium Outlets mass shooting
The families of victims killed in the Allen Premium Outlets mass shooting are suing the property manager of the mall and the motel where the shooter was living.
The lawsuit claims Simon Property Group, the owner of the outlets, knew the risks of gun violence at its locations and made promises to provide security but demonstrated negligence in a duty to protect customers. It blames Budget Suites of America, a motel with single-night or short-term rental options, for not seeing signs that the gunman was dangerous and not reporting him to police,
Simon Property Group and Budget Suites of America could not be reached by the Star-Telegram for comment.
The suit stems from the May 6, 2023, North Texas mass shooting that killed eight people and wounded seven others.
The shooter, 33-year-old Mauricio Garcia, was a Latino Neo-Nazi who made posts on a Russian social media site glorifying mass shootings and referring to “kill counts” of mass killers. His account boasted of scouting the mall before the shooting.
On May 6, 2023, Garcia drove to the Allen Premium Outlets and got out of his vehicle and started shooting, authorities said. He was killed within four minutes by a police officer who was already at the scene and reacted when he heard gunshots.
Surviving relatives of those killed claim in the suit that the property owner had knowledge that mass shootings at the mall were possible and neglected a duty to protect shoppers and employees. It seeks money for damages including loss of life, loss of income, loss of companionship and punitive damages.
Simon Property Group
The suit points to shootings at other shopping centers, like the 2019 shooting at an El Paso Walmart, as proof that the risks of a mass shooting were clear. The lawsuit points to gun violence at one of Simon’s properties in Texas in 2014, when a woman was held at gunpoint at Tyler’s Broadway Square Mall.
The suit quotes John Rulli, Simon’s chief administrative officer, acknowledging that shootings at malls and other public spaces was a risk and saying Simon was doing everything it could to prevent them.
“It’s not a mall issue, it’s a societal issue and we are doing everything we can with the resources we have to protect our property, our people and our retailers,” Rulli said, according to the suit.
The suit also quoted an annual 10-K filing, which provides an update on the business’ activities which acknowledged that malls were targets for terror attacks and mass shootings.
“Because our properties are open to the public, they are ex-posed to risks related to acts of violence, civil unrest and criminal activity as well as actual or threatened terrorist attacks,” the suit quoted from the 10-K filing.
The property group held training in responding to active shootings and worked with FEMA on additional training and resources, according to the suit.
The lawsuit claims awareness of the risks gave Simon a responsibility to increase security to protect visitors and employees but that Simon failed.
Budget Suites of America
The suit also names Budget Suites of America, including a specific location in Dallas at 8150 North Stemmons Road where Garcia was living leading up to the shooting. It claims Budget Suites of America employees had access to his motel room, and would have seen weapons, ammunition and Neo-Nazi belongings, but that they made no report to police.
Budget Suites of America had a responsibility to report those things and their failure to do so allowed the shooter to plan and carry out the attack on the mall, the suit alleges. It says Garcia signed a Nazi lighting-shaped “SS” instead of his name when checking in for an extended stay at the motel and had items in his room including a patch with “RWDS” on it, meaning “Right Wing Death Squad.”
The specific location was the site of other violent crimes and felonies around the time of the attack, according to the suit. It claims those crimes should have led the company to direct employees to report suspicious people or items inside motel rooms.