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In his ruling, Epstein wrote that Wu and her children alleged that in the part of the case against the county the plaintiffs alleged there was a “special relationship” formed with the Sheriff’s Department because they knew there was a “potential assailant” and therefore anyone in and around Malibu Park was a potential victim.
However, Beaudette never inquired of the Sheriff’s Department if he was in danger and told that he was not, or that he was “specifically at risk from being shot” by the gunman.
“As a member of the general public, Beaudette was not owed a duty of care based on the failure to warn,” the judge wrote.
Similarly, the judge found that there are no allegations the state employees gave Beaudette the expectation of protection or had the ability to control the gunman’s conduct.
Anthony Rauda, 44, a vagrant who lived in the surrounding area, was arrested in October 2018 and later charged January with murder for the killing of Beaudette, along with 10 counts of attempted murder. Rauda is also charged with five counts of second-degree commercial burglary in the Calabasas area between July 2018 and October 2018.
The suit notes that sheriff’s Detective James Royal notified his supervisors in 2017 about three shootings that had occurred in the area and advised them that the public should be warned, but no warning was issued. Four more shootings ensued, prompting Royal to again ask that the public be warned, but “the request was denied by Royal’s superior officers,” the suit claims.
Following Beaudette’s killing and revelations about the earlier shootings in the area, Royal was ordered by his supervisors to attend a town hall meeting and explain to the public the department’s position that the other shootings “were unrelated to the Beaudette murder,” despite Royal’s belief to the contrary, the lawsuit alleges.
The judge gave Wu and her children 30 days to file an amended complaint to show why the negligence claims should remain in the suit.
Judge Rejects Warning Claims in Malibu Creek State Park Shootings was last modified: April 26th, 2021 by Contributing Editor
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