Lawsuit: Security Failings Led To Gilroy Garlic Festival Shooting

GILROY, CA — Negligent security allowed a gunman to sneak into the Gilroy Garlic Festival in July, kill three people and wound at least 12 others, five injured victims claim in a lawsuit filed Monday.

The suit, against the Gilroy Garlic Festival Association, several security companies and 100 other unnamed defendants, was filed in Santa Clara County Superior Court on behalf of five victims who suffered serious gunshot wounds.

The victims are seeking unspecified damages above $25,000.

The suit alleges that organizers failed to take safety measures including maintaining a secured perimeter, monitoring the perimeter with trained guards and properly staffing security personnel, according to Scarlett Law Group, a San Francisco-based firm that is handling the lawsuit.

The gunman, 19-year-old Santino William Legan, cut through a fence to get to the festival grounds before the shooting on July 28. He killed himself after being quickly confronted by officers.

The suit also alleges that festival organizers should have known that an active shooter was a “foreseeable” risk, and that organizers didn't conduct a threat assessment of the festival venue.

“People in Gilroy know you can hop the fence and get in for free,” attorney Randall H. Scarlett said in a statement. “Obviously security was woefully deficient.”

The festival had security measures including the fence, a bag search, metal detectors and police patrols, officials have said.

In a statement, shooting victim Wendy Towner said she joined the lawsuit in order to prevent similar shootings from happening again.

“People who promote big events like the Garlic Festival must protect their volunteers, vendors and visitors,” Towner said.

The law firm is also preparing a government claim against the city of Gilroy — a precursor to a lawsuit. The festival association couldn't be reached for comment, according to the Associated Press.

The Associated Press contributed to this report.