Fleet Farm gun lawsuit moves forward after judge denies company’s efforts to dismiss
Judge denies Fleet Farm motion to dismiss, gun lawsuit moves forward
A federal judge is allowing the civil lawsuit against Fleet Farm to move forward after denying the company's motion to dismiss. The lawsuit centers on the mass shooting at the Seventh Street Truck Park bar in St. Paul back in 2021 that was made possible by a straw purchase. FOX 9 investigative journalist Nathan O'Neal has the latest report.
MINNEAPOLIS (FOX 9) - A federal judge ruled on Wednesday that most of Minnesota’s gun lawsuit against Fleet Farm can remain intact as the case moves toward trial.
Straw-purchasing lawsuit cites 'ongoing public safety threat'
The backstory:
Attorney General Keith Ellison filed the state’s lawsuit in 2022, after a mass shooting at the Truck Park Bar in downtown St. Paul. At least 14 people were injured and 27-year-old Marquisha Wiley was killed.
The ATF later traced one of the guns used in the deadly shooting back to Jerome Horton Jr.
He was convicted of running a straw purchasing operation in which he bought dozens of firearms for other people. The FOX 9 Investigators previously found 24 guns came from Fleet Farm locations, according to court and federal records.
What we know:
The lawsuit claims Fleet Farm disregarded "blatant warning signs," including multiple purchases of similar handguns, buying sprees and staggered visits to different locations.
In a written summary judgment order, U.S. District Judge John Tunheim denied most of Fleet Farm’s motions to dismiss, keeping intact the state’s claims for negligence, negligence per se, public nuisance and a narrowed claim under the state’s gun control act.
Judge Tunheim noted how dozens of straw purchase firearms connected to the case have not been recovered.
"Those unrecovered firearms pose an ongoing public safety threat to Minnesotans as a whole," Tunheim said in the written order.
In a statement, Ellison celebrated the judge’s ruling.
"Today’s ruling means Minnesota will have the opportunity to prove in court that Fleet Farm violated the law and jeopardized the safety of Minnesotans," Ellison said. "I will continue to use all the tools at my disposal to improve public safety in Minnesota."
The other side:
Fleet Farm has denied the allegations in Minnesota’s lawsuit and was successful in convincing the judge to toss out some of the state’s claims.
The judge sided with Fleet Farm, throwing out the "aiding and abetting" claim because "the State has not presented evidence that Fleet Farm had actual knowledge" that the buyers were engaged in straw purchasing.
The FOX 9 Investigators reached out to attorneys for Fleet Farm but have not yet heard back.
The judge also threw out the state’s negligent entrustment claim against Fleet Farm.
Truck Park Bar shooting fallout
Three years after the mass shooting at a downtown St. Paul bar, families of victims and survivors are balancing the weight of grief and recovery as pending lawsuits continue to seek accountability.