EL PASO, Texas (KTSM) – An El Paso judge will allow two people representing a couple of the Walmart shooting victims to enter the store later this weekend to inspect the premises, as a part of an ongoing lawsuit.
On Tuesday, Judge Sergio Enriquez, of the 448th District Court, signed an “order granting entry upon property” which will allow two people representing Jessica and Guillermo Garcia to enter the Walmart near Cielo Vista Mall for two hours on either Sept. 28 or 29, according to court documents. The law firm has selected Sunday as the day they will inspect.
The judge also signed a temporary restraining order stating that if the order is not issued then “plaintiffs will be irreparably injured because evidence will be discarded, altered, or destroyed,” the order said.
KTSM has reached out to a Walmart, which emphasized the new orders will not stop the renovation of the store, just simply grant a short time for the plaintiff to inspect.
“The Court has consistently denied the plaintiffs’ request to halt construction on our store and nothing has changed with that,” Walmart said in a statement. “The Order provides a two-hour window in which two individuals on behalf of the Plaintiffs can photograph, video and inspect the store. We have proceeded thoughtfully throughout and this includes preserving what information we have as required by law and working meticulously with federal and local authorities as they documented everything that took place.”
The Garcias were two of the victims injured in the mass shooting on Aug. 3 which killed 22 and injured 23 others. According to the Garcias’ lawyers, “despite years of rampant crime at its stores, Wal-Mart did not take necessary and reasonable steps to protect their customers on the day of the shooting.”
According to court documents, several other victims and the estate representing one of the victims who were killed, are listed as intervenors on the lawsuit.
The Garcia family is represented by Robert Ammons, Patrick Luff and Miriah Soliz of the Ammons Law Firm.