Family of slain man sues mall, security company www.privateofficer.com
Posted by privateofficernews on April 13, 2008
Family of slain man sues mall, security company www.privateofficer.com
The family of a man gunned down inside the Boynton Beach Mall on Christmas Eve 2006 as crowds of last-minute shoppers milled about filed a negligence and wrongful death lawsuit Friday against the mall and its security company.Toussaint and Bertrude Charlemond along with heir daughter, Claumise Charlemond, accuse The Simon Group and Control Security Services of providing inadequate security and of failing to protect Berno Charlemond from “foreseeable acts.”Jesse Cesar opened fire on Berno Charlemond, 24, outside JC Penney, according to police, who suspect the men were members of feuding Haitian-American gangs.Cesar, 22, was shot to death six months later at a busy Orlando shopping center.
My client’s parents vehemently deny he was a gang member,” said Delray Beach attorney Ken Metnick, who represents the Charlemond family. “Regardless of who he is and what he was, his parents have a claim for losing the companionship of their son. Their mental loss is the same as any parent who loses a child. If you run a shopping center you are supposed to keep people safe.”The Simon Group issued a prepared statement Friday.”We are disappointed that the family has taken this action and plan to defend the lawsuit at the appropriate time and in the appropriate manner,” said Lydia Gilmore, portfolio vice-president of Simon Property Group. “We are confident in the security program at the Boynton Beach Mall.”A representative for Control Security Services could not be reached Friday, despite an attempt by telephone.
According to Metnick, witnesses have confirmed that four men jumped his client and pummeled him to the ground long before a gun appeared. Security should have taken action right then, Metnick said.”There’s no indication that the security guard policed the mall. No witnesses even saw a security guard. Security didn’t say stop or go to the police,” he said.
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