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Attorneys plan for potential lawsuits in wake of Buffalo shooting

Family members were able to sue the manufacturer of the gun used to kill 20 children and six adults at the elementary school in 2012.

BUFFALO, N.Y. — In the aftermath of the massacre here in Buffalo 10 days ago and now this tragic school shooting in Texas, some are looking at what happened in the years following the Sandy Hook mass shooting.

Family members were able to sue the manufacturer of the gun used to kill 20 children and six adults at the elementary school in 2012. 

That suit ended with a $73 million settlement announced earlier this year. You may be wondering - could the same thing happen here in Buffalo and could other elements come under scrutiny in lawsuits.

2 On Your Side found out similar lawsuits seem likely with perhaps additional factors.

In the wake of the mass shooting which drew all that national attention...Buffalo-based Attorney Terry Connors has been reaching out elsewhere - to attorney Josh Koskoff from Connecticut and others. 

"Last Saturday I spent two hours on the phone with the attorneys from the Sandy Hook case. Wonderful people, They're going to be helping out in this case as well. I also spent a long time talking to the Brady Center which since 1982 has been at the forefront of trying to stop gun violence. So yes there will definitely be parallels, there are similarities." 

Attorney John Elmore and his daughter and legal partner Kristen Elmore-Garcia also announced that they are working with the Koskoff Law Firm to pursue legal action. Elmore is a former state trooper and he and his daughter are former prosecutors.   

Connors, who is also working with nationally known Attorney Ben Crump, says they may end up representing several families of the victims with the first step being a very deep dive into the suspect's background including his family, acquaintances, and especially last summer's high school threat, state police review, and psychiatric evaluation which still allowed for the gun purchase with those state red flag laws. 

Connors says, "Somewhere along the line the system failed and resulted in a horrible tragedy."

Also, they will thoroughly explore the social media platforms and websites the shooter may have used or viewed. 

"We have several experts in digital platforms and they will dig deep to find out what was posted when it was posted, was it shared, as it liked, was it approved. Is there a sensory program in place that could pick up this kind of conversation that is not protected by the First Amendment," Connors says.

Then again just like the Sandy Hook case - the AR - 15 rifle made by the now-bankrupt and former Utica area Remington firm. Connors points out. "We will look at the history of the weapon, we will look at what it was originally designed for, what they claim it can be used for now in their advertising and marketing. That often becomes an integral part of the litigation."

Connors maintains this is not all about money or inflicting pain on potential defendants. Instead, he says of the families, "They want to pursue this investigation to honor the legacy of their family member who died or was severely injured. All of them have said that so far."

And along the way, he adds, "Maybe we'll find the errors in some of the laws that will be changed. That would be wonderful if we could do that. But if not we can look to see where we can patch up those holes in the way in which those laws are enforced."

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