Mother sues Kansas City convenience store owner, alleging employee fatally shot her son
A Kansas City mother is seeking justice after an employee of a Kansas City gas station and convenience store allegedly fatally shot her son inside the store earlier this year .
Annisa Davis of Kansas City filed the wrongful death lawsuit in late September in Jackson County Circuit Court in the killing of her son, Austin Davis, at the Xpress Mart at 7033 Prospect Ave. Davis' mother also filed the lawsuit on his young son's behalf.
No charges were filed in the homicide, but Annisa Davis alleges that the Shell-branded convenience store's owner, along with other defendants, were negligent and liable for her son's death. She also accuses the employee who shot her son of assault and battery.
The defendants in the lawsuit are MGHS LLC, which owns and operates the Xpress Mart, its registered agent, Zafar Mughal, Shell U.S.A. Inc., and two employees. The Star is not naming the employees because no criminal charges were filed.
The lawsuit alleges that Mughal is a member of MGHS and had managerial responsibilities at the Xpress Mart, including hiring, retaining, firing, training and supervising employees.
Mughal did not respond to a request for comment about the lawsuit.
Employees threw unopened cans at Davis
According to the lawsuit, Austin Davis, who had just turned 26, went to the Xpress Mart on the afternoon of April 5 to purchase some items.
After entering the store, one of the employees demanded Davis leave and then allegedly threw an unopened can at him. The employee then began a verbal and physical altercation with him, according to the suit. The employee allegedly struck Davis in the head with a black metal pole.
The lawsuit indicated there had been a prior conflict between the employee and Davis. The lawsuit also said there was "no just or reasonable reason" for the employee to demand Davis to leave.
Another employee allegedly pulled out an unregistered handgun and pointed it at Davis, and threatened to shoot him. The two employees then threw more cans at Davis, according to the lawsuit.
The altercation continued to escalate and the employee with the gun passed it to the first employee, "who had a known reputation of being a hothead who liked to fight a lot," according to the suit. The employee threatened to shoot Davis.
Davis, in fear for his life and safety, "attempted to stop the threat" but was shot one time inside the store, the suit says.
Davis, who was struck in the abdomen, ran outside, where he collapsed by the gas pumps. He was taken to a hospital, where he died from the gunshot wound.
No charges filed in homicide
Although a person of interest was taken into custody, a grand jury did not indict the employee, said Annisa Davis' attorney, David Smith.
"It is my understanding that the grand jury did not indict because of the application of 'castle doctrine,''' Smith said.
Michael Mansur, a spokesman for the Jackson County Prosecutor's Office, said that "issues of self-defense defense of others and castle doctrine all were of concern in that case."
Missouri's "castle doctrine" is a set of self-defense laws that include the "stand your ground" law. The laws give people the right to defend themselves from those they feel are threatening them.
"Austin took one step out of the store and took one step back in to try to protect himself," Smith said.
Smith had said Davis had gone to the Xpress Mart to buy items. Smith said he believes the employee who allegedly shot Davis knew him and told him to leave "not because Austin was doing anything wrong, it was just that he came into the store."
The lawsuit alleges that the defendants were negligent in hiring, training and supervising employees, providing security at the convenience store, including prohibiting employees from having weapons, and hiring professional, qualified and licensed security personnel.
"It's clear to me that gun violence by the shell stores employees was foreseeable, and that had there been proper supervision, proper training and proper hiring, this tragic incident could have been, would have been avoided," Smith said.
