Academy Sports + Outdoors wants Sutherland Springs lawsuit dismissed

Sporting goods store chain says law doesn't permit lawsuit to go forward

SAN ANTONIO – A sporting goods store chain wants a lawsuit filed by families of the Sutherland Springs church massacre dismissed.

The lawsuit is among several filed in the wake of the deadly shooting at the First Baptist Church of Sutherland Springs in November 2017 that left 26 people dead and 20 injured.

The assault rifle used in the mass shooting was purchased at an Academy Sports + Outdoors. The lawsuit claims that Academy violated Colorado law when it sold the rifle to the shooter on April 7, 2016.

Testimony was heard in 407th District Court on Thursday on a motion for summary judgment filed by the sporting goods chain, asking that the suit be dismissed.

The attorney representing Academy, Janet Militello, claimed that federal law grants her clients immunity through the protection of the Lawful Commerce In Arms Act.

Militello said that although she and her client share the pain of the tragedy, "The families can't pin their heartaches on Academy."

George Le Grand was among six lawyers representing the families during Thursday's hearing.

Le Grand said that the families deserve their day in court.

"They were a congregation when they got shot, and they deserve to be a congregation in this courtroom, and they deserve to have a jury decide their case," he said. 

District Court Judge Karen Pozza said that she will take the matter under advisement and will issue a ruling Monday.


About the Authors

Paul Venema is a courthouse reporter for KSAT with more than 25 years experience in the role.

Misael started at KSAT-TV as a photojournalist in 1987.

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