Wednesday, December 25

Lawsuits allege 2022 Colorado nightclub shooting could have been averted if county had enforced red flag law

Two lawsuits filed over the weekend claim that law enforcement failed to take crucial steps to stop a mass massacre at an LGBTQ+ nightclub in Colorado in 2022.

According to the lawsuits, if Colorado’s red flag statute had been followed, the massacre at Club Q in Colorado Springs, which left five people dead and at least 19 injured, may have been prevented. The 2019 law permits family members or law enforcement to request that a person’s firearms be temporarily taken away if they pose a risk to themselves or others.

The U.S. District Court for the state of Colorado received the lawsuits. One is filed on behalf of three victims who were killed at the nightclub, together with their mothers and other attack survivors. Barrett Hudson, another survivor, is the plaintiff in the other lawsuit. According to his complaint, he was shot seven times before he managed to flee and still has three bullets stuck in his body that cause him to suffer from severe pain every day.

The lawsuits name former El Paso County Sheriff Bill Elder and the El Paso County Board of County Commissioners as defendants, alleging negligence and, in the case of the victims who have passed away, wrongful death. Citing the ongoing legal proceedings, an El Paso County representative declined to comment on the accusations. A request for comment from Elder was not immediately answered.

More than a dozen states have red flag legislation, including Colorado. According to the lawsuits, the sheriff and the commissioners of El Paso County criticized the state’s red flag law, claiming it violated the Second Amendment. The board of commissioners had previously passed a resolution designating El Paso County as a Second Amendment preservation county before the law was passed.

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According to the court filings, Anderson Aldrich, the 22-year-old convicted shooter who has identified as nonbinary, had a history of aggressive threats and actions that obviously called for intervention. According to the documents, Aldrich was arrested in June 2021 after allegedly threatening to kill their grandparents, saying they meant to become the next mass murderer, and stockpiling weapons.

According to the Associated Press, a court eventually dropped charges associated with the 2021 arrest, primarily as a result of family members’ refusal to assist investigators.According to the lawsuits, Aldrich bonded out of jail and was once again able to lawfully own firearms without any limitations by August 2022.

According to the court filings, the defendants from El Paso County intentionally and wantonly disregarded the shooter’s warning indicators.

Law enforcement’s inability to implement Colorado’s Red Flag Law, which would have stopped the gunman from owning firearms, and insufficient security measures at Club Q were among the institutional failures that made this tragedy possible, they say.

The lawsuits also identify Club Q as a defendant, claiming that it lacks proper security in spite of previous assaults on gay nightclubs, such as the horrific shooting at Orlando’s Pulse nightclub that claimed 49 lives.

The lawsuit documents state that Club Q reduced its security after the 2016 Pulse attack, despite the increased risk of mass shooters and industry opinion advocating for more stringent security measures.

They also state that Club Q promoted itself as a place where LGBTBQIA+ people may feel comfortable. However, that was a fad.

In a statement to NBC News on Tuesday, Club Q’s owner Matthew Haynes claimed that the charges are untrue and wholly untrue.

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He claimed that Anderson Aldrich, the shooter, and a system that makes it simple to obtain weapons of mass destruction are to blame for this catastrophe rather than the people who were affected.

Jury trials are sought in the lawsuits. Aldrich, 24, entered a guilty plea to five charges of murder and forty-six counts of attempted murder last year, and he is currently receiving a life sentence. Later, he entered a guilty plea to hate crimes in federal court as well.

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