Pubdate: Sat, 24 Aug 2002
Source: Enid News & Eagle (OK)
Copyright: Enid News & Eagle 2002
Contact:  http://www.enidnews.com/
Details: http://www.mapinc.org/media/2012
Author: Jay F. Marks

STORE OWNERS FACE NEGLIGENCE SUIT

Shooting Victim's Father Files Wrongful Death Claim

An Enid man filed a wrongful death lawsuit Friday against the owners of a 
convenience store where his son was shot to death last summer.

Ron Anderson's lawsuit alleges the owners of Mac's Mart allowed the store 
at 221 E. Garriott to become a hangout for drug users, dealers and 
manufacturers, then failed to provide adequate security for their customers.

Jonathan Anderson, 21, was killed Aug. 1, 2001, in the convenience store 
parking lot as he tried to shield his fiancee from a gang-related shoot-out.

His father's lawsuit contends the shooting never would have happened if the 
store's owners had increased security to limit the drug activity there.

Instead, the owners sold drug paraphernalia to encourage drug users to 
patronize the store, according to the lawsuit. They even provided a pay 
telephone inside the store to facilitate drug sales, according to the 
petition filed Friday by attorney Bryan Slabotsky.

The lawsuit also includes allegations owner Claude Allen McFalls and 
manager Joon Tag Cho sold drug precursors knowing they would be used to 
manufacture methamphetamine.

McFalls, 68, and Cho, 34, were arrested Thursday for allegedly selling 
pseudoephedrine pills to undercover narcotics officers over the past two 
years. A store employee was arrested, as well, as authorities swept up 
seven people at a number of local businesses for illegally selling drug 
precursors.

Anderson's lawsuit was filed on the same day McFalls and Cho each were 
charged with two felony counts of unlawful sale of drug precursors. The 
lawsuit also names the Ta Family Trust, which is the owner of record for 
the convenience store.

The lawsuit seeks more than $10,000 in actual and punitive damages in the 
wake of Jonathan Anderson's death and his family's loss. It blames the 
store owners for causing his death because they encouraged drug users to 
patronize Mac's Mart.

"Defendants knew or should have known that marketing and selling drug 
paraphernalia to users of illegal drugs would cause ... injuries to their 
customers and patrons," the lawsuit states.

Attorney Page Belcher Jr., who represents McFalls and Cho, said he had not 
seen the lawsuit, which likely will be handled by their insurance carrier. 
Another attorney will represent them on the criminal charges as well, he said.
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