Mother of 10-year-old Uvalde school shooting victim suing gun manufacturer, store and local law enforcement

The mother of Uvalde school shooting victim Eliahna Torres is suing gun manufacturer Daniel Defense, which made the weapon used in the shooting, during which 19 students and two teachers were killed. Sandra Torres is also suing the gun shop that sold the weapon to the 18-year-old gunman, as well as local law enforcement.

Torres’ daughter was 10 years old when she was shot and killed along with most of her fourth grade class at Robb Elementary School earlier this year. “Eliahna loved her family, and she knew how much we loved her,” Torres said in a statement about the lawsuit. “I miss her every moment of every day. I’ve brought this lawsuit to seek accountability. No parent should ever go through what I have.”

The suit was filed on her behalf by Everytown Law along with Texas law firm LM Law Group PLLC. Everytown Law is a team of litigators with Everytown For Gun Safety, a gun violence prevention organization. 

photo-2022-11-28-15-15-52.jpg
This undated photo provided by Sandra Torres shows her daughter Eliahna Torres, 10, who was one of 19 children and two teachers massacred at their elementary school in Uvalde, Texas. Sandra Torres filed a federal lawsuit Monday, Nov. 28, 2022, against police, the school district and the maker of the gun used in the massacre. 

Sandra Torres via AP


The suit alleges Daniel Defense unfairly marketed the gun used by the shooter in violation of the Federal Trade Commission Act. Daniel Defense “used militaristic imagery to target vulnerable and violent young men,” the lawsuit alleges. The company also allegedly used social media and touted its association with video games like “Call of Duty” to market the guns.

Separately, a group of 12 senators has called on the Federal Trade Commission to investigate what they say are the firearms industry’s efforts to mislead consumers about the safety of guns and to allegedly target teens and children with their marketing.

Torres is also suing Oasis Outback, alleging the gun was negligently transferred to the shooter by the Uvalde store. The store allegedly sold ammunition and a Smith & Wesson AR-15-style rifle to the shooter and transferred the Daniel Defense gun to him despite numerous red flags. Those red flags include the shooter being in a “big hurry to acquire thousands of dollars of firearms and ammunition within days of turning 18,” according to the release about the suit.

The suit also claims law enforcement had inadequate training for active shooters and made the “egregiously wrong decision to override clear active shooter protocols.” “The result of law enforcement’s actions that day was to lengthen the time that children and teachers spent suffering and dying,” according to the release.

Individual officers from Uvalde Police Department and Uvalde Consolidated Independent School District Police Department are also named in the suit, which was filed on Monday.

Torres is seeking compensatory and punitive damages in amounts to be determined at trial. CBS News reached out to the Uvalde Police Department, Uvalde Consolidated Independent School District Police Department and Daniel Defense. A representative from Oasis Outback declined to comment. 

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