A lawsuit alleges staff at the Cabela’s store in Christiana Mall allowed the straw purchase of a gun used in a Wilmington murder.
The suit was filed Wednesday on behalf of the family members of Keshall “Keke” Anderson, a 19-year-old mother killed in a Wilmington drive-by shooting in 2016.
Wilmington law firm of Hudson & Castle and Washington D.C.-based nonprofit the Brady Center to Prevent Gun Violence are representing the plaintiffs.
The complaint claims Cabela’s location was negligent in selling the .40 caliber used in the murder to Brilena Hardwick, who then gave the gun to her boyfriend and convicted felon John Kuligowski.
Johnathan Lowy is Vice President of Litigation for The Brady Center. He says the gun industry should know it is incumbent on them to be vigilant in preventing straw purchases.
“If you have any doubt whatsoever that a sale may be a straw purchase, the rule is: do not sell the gun,” said Lowy.
The lawsuit says Kuligowski was in Cabela’s communicating with Hardwick via text message while she purchased the murder weapon.
It also alleges this is a recurring issue and the Cabela’s has created a public nuisance by negligently selling to straw purchasers who use them for criminal purposes.
Anderson’s family are seeking punitive damages for physical and emotional pain, as well as suffering and loss of parental services for Anderson’s now 2-year-old son.
“She should be alive today, and the only reason that she isn’t is because a gun got into the hands of people who shouldn’t have had them,” said Lowy.
Gov. John Carney signed legislation harshening the penalty for straw purchases earlier this year.
