Monday, September 10, 2012

Walmart Not Held Responsible in Shooting


Original article appeared in USA Today

The Mississippi Supreme Court ruled 5-4 this week in favor of Wal-Mart, suggesting a retailer is not responsible if munitions purchased by an under-aged person are linked through sale to their store.

The lawsuit was filed by the relatives of Robert Williams, who was shot and killed by his girlfriend's son in 2006. The son, Xavier Zurndell Moore, was 20 years old at the time, and shot Williams with a pistol cartridge purchased at the Wal-Mart in Indianola.

Federal law requires that a person be 21 to buy pistol ammunition. The lawsuit claimed that a store employee allowed Moore to obtain the ammunition through a straw purchase, meaning the worker sold it to Moore's 21-year-old friend, while knowing Moore would be the recipient.

There was conflicting testimony about how the ammunition was purchased. The employee said Moore asked if the store had .45-caliber ammunition and walked away when asked which brand he wanted. Moore's friend came back and bought the ammunition, though the employee allegedly saw Moore give his friend the money, according to the court record.

Moore told a different version of how he purchased the ammunition. Moore a clerk at the store allowed a friend to purchase the ammunition on his behalf, and the clerk allowed the purchase.

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