Aurora Shooting Survivor Sues State Police For Negligence

AURORA, IL — A man who was shot when a gunman opened fire at Henry Pratt Manufacturing in Aurora on Feb. 15 is suing Illinois State Police for negligence involving the shooter's revoked firearm owner's identification (FOID) card. Timothy Williams, who was shot three times, once in the arm and twice in the upper back, contends that Illinois State Police were negligent when they issued a FOID card to Gary Martin and then failed to properly ensure that Martin's FOID was surrendered when his card was later revoked.

According to police, Martin bought the gun he used in the Aurora shooting after his FOID card application was approved in 2014. Martin's FOID card was revoked shortly after when he applied for a Firearm Conceal and Carry License and a fingerprint check revealed a 1995 felony conviction in Mississippi.

The lawsuit cites court records that show that Martin pleaded guilty to stabbing his then-girlfriend and hitting her with a baseball bat.

On the basis of Martin's rejected FCCL application and revoked FOID, Williams's lawsuit contends that Illinois State Police conducted "inadequate criminal history background checks" before issuing Martin's FOID card.

Illinois state law requires a card holder with a revoked FOID to surrender their card and to complete a firearm disposition record.

The complaint filed by Williams cites the fact that Illinois State Police do not have a record of Martin surrendering his FOID card or a firearm disposition record.

According to Illinois State Police, in 2014, protocol for revoked FOID cards included informing the cardholder by mail and notifying local law enforcement via the electronic LEADS system. In a press release, Illinois State Police said those electronic records are maintained for three years.

Aurora Police say they have been unable to locate a notification from Illinois State Police that Martin's FOID card had been revoked. In his lawsuit, Williams asserts that ISP "failed to follow proper procedures in and after revoking Mr. Martin's FOID card on April 17, 2014, to notify" the Aurora Police Department or the Kane County Sheriff's Office.

The suit further alleges that ISP failed to follow up when no firearm disposition record for Martin was returned by local law enforcement.

Williams, who was hospitalized after the Aurora shooting and still has two bullets in his back, according to the lawsuit, is seeking $2 million for "personal injuries and emotional distress."