New lawsuit alleges major failures in response to Allen mall shooting
NORTH TEXAS – A new lawsuit claims significant shortcomings hindered the response to the 2023 shooting at the Allen Premium Outlets, including ignored requests from the police department to help secure the buildings well before the shooting.
The suit, filed Aug. 24 in Dallas County District Court, states the mall received more than 3,000 police calls during the three years before the shooting and only had one security guard on duty the day of the shooting. It claims the shooter chose the mall because he knew it was under-secured.
Eight people were killed and seven others injured in the May 6, 2023, shooting. The gunman also was killed.
Defendants in the suit include Simon Property Group, the mall owner; Allied Universal Security Services, the security contractor; the family of Mauricio Garcia, the shooter; and Bigelow Arizona TX, the owner of Budget Suites of America. Garcia used Budget Suites as a base for planning the attack, the lawsuit claims.
Garcia, a 33-year-old former security guard, was armed with an AR-15-style rifle and a handgun during the attack. He wore a tactical vest with a "Right Wing Death Squad" patch. He was fatally shot by a police officer who was at the mall on an unrelated call.
The suit says the defendants showed "gross negligence that causally contributed to a mass shooting."
"Police were sometimes called to the Allen Premium Outlets dozens of times per day," the lawsuit states. "Like other Simon properties whose security resulted in outcry from government officials, Allen police advocated for dozens of uniformed officers to adequately secure such a large, densely populated outdoor setting.
"Simon and Allied ignored these requests and failed to provide any comparable level of security as an alternative."
The lawsuit claims Simon Property Group and Allied Universal Security Services didn't equip the mall with appropriate surveillance, communication, and active shooter technology. It also says they failed to assess vulnerabilities and keep shoppers safe.
"Over a 10-year period, security performed one active shooter drill at that mall," the lawsuit states. "Simon and Allied knew of the risk, and how to mitigate it, but refused to prepare accordingly."
According to the lawsuit, the defendants should have been well aware of the need to protect shoppers, especially in Texas, where five of the 10 deadliest mass shootings in the U.S. have occurred over the past eight years.
"Criminal activity in and around shopping malls is nothing new," the lawsuit states. "Mass violence at malls is nothing new. Indeed, Simon knows that risks of gun violence and criminal activity negatively impact Simon's bottom line.
"Mass shooters in Texas target locations with children," the lawsuit says. "Two mass shootings in Texas schools killed dozens of children and wounded dozens more. Mass shooters in Texas have repeatedly targeted people at shopping centers."
The lawsuit points to the 2019 El Paso mass shooting, where 23 people were killed and another 25 injured.
"The shooter targeted a retail shopping center in a specific area because his goal was to kill as many Latinos as possible," the lawsuit says. "… Outdoor malls, like Allen Premium Outlets, provide that type of layout and target-rich environment for a mass shooter."
According to the lawsuit, the now 611,000-square-foot property was "left with its lone security center tucked in the northwest corner that was part of the original construction."
"Simon and Allied were aware of high risk and prolific incidence of crime at the Allen Premium Outlets," the lawsuit says.
None of the defendants have addressed concerns raised in the lawsuit. CBS News Texas will update the story as responses are made to the suit.