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Tuesday, October 13, 2009
Woman shot in parking lot files lawsuit against Wal-Mart
DAYTON — A woman shot during a robbery in a local Walmart parking lot has filed a lawsuit against the retail giant, claiming that the store was negligent in dealing with safety and crime issues.
The incident occurred Dec. 20 at the store at 1701 W. Dorothy Lane. Gina King was wheeling a shopping cart to her car when she was robbed and shot in the abdomen. She was released from Miami Valley Hospital six days later.
“She’s been suffering with the fear and still living that moment through,” said King’s attorney, Aaron Durden, on Tuesday, Oct. 13.
The lawsuit was filed Oct. 2. It claims that the store “knew or should have known of previous crimes that had occurred in its parking lot that threatened the safety of its customers and business invitees.”
King suffered permanent injuries from the shooting, according to the lawsuit, which asks for more than $75,000 in damages from Walmart, the individual store and Jason Brooks, identified as a store manager.
Michelle Bradford, a spokesman at Walmart’s corporate headquarters in Arkansas, said the company would not comment on pending litigation, but would respond in court.
“The safety and well-being of our customers is very important to us,” Bradford said.
Two men, La’Shawn Porcher and Richard T. Elijah, have been convicted and sentenced in the crime. Durden said King wanted to wait until the criminal cases were over before filing her lawsuit.
Porcher, 46, pleaded guilty July 24 to complicity to commit aggravated robbery. A second count, complicity to commit felonious assault, was dropped. Montgomery County Common Pleas Judge Mary Wiseman sentenced him to seven years in prison on Aug. 13.
Just as his trial was to start Aug. 4, Elijah pleaded guilty to two counts of felonious assault and one count of aggravated robbery. As part of the plea agreement, Wiseman sentenced Elijah, 47, to 10 years in prison.
Elijah had been released from prison just two days before the WalMart shooting for an April conviction for breaking and entering.
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Man indicted in fatal crash
DAYTON — A Dayton man involved in an April 26 crash that killed a West Alexandria woman was indicted Tuesday, Oct. 13, on two counts of aggravated vehicular homicide and one count of driving while under the influence.
One of the aggravated vehicular homicide charges filed against Justin M. Henderson is a first-degree felony, punishable by up to 10 years in prison. The other is a second-degree felony, punishable by up to eight years in prison.
Henderson, now 21, was 20 at the time of the accident that killed 41-year-old Mary J. Farrow. Kettering police said Henderson ran a red light while driving a white Oldsmobile Cutlass north along Research Boulevard. His speed was higher than the 40 mph posted speed limit, police said.
Farrow, driving a 1996 Jeep Grand Cherokee Laredo, was westbound on Shakertown Road.
Following the crash, a witness pulled Henderson from his car before it became engulfed in fire, police said. Another witness performed CPR on Farrow, but she was pronounced dead at the scene.
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