SAN ANTONIO — New surveillance video was released of a robbery-turned-shootout inside a mall jewelry store where an innocent shopper died in his wife's arms. Attorney Stanley Bernstein released the video from the incident that happened in January 2017 at Rolling Oaks Mall.
In the video, you see a robber waving a gun enter the store while another suspect comes in with a hammer and starts breaking a glass counter. At the time, Jonathan Murphy and his wife were getting their wedding rings cleaned.
During the smash-and-grab another shopper carrying a gun intervened and begins shooting at the suspects. Bernstein said bullets started flying and one of them killed Murphy.
"Jonathan to protect his wife, gets between everyone and takes several bullets," he said. "An autopsy doesn't show which bullets killed him. But, he is killed and literally died in her arms."
Bernstein represents the Murphy family. The family filed suit against Rolling Oaks Mall and Washington Prime Group Inc, and at issue is the mall's gun policy. The lawsuit states the mall defendants took no steps to make sure customers complied with the prohibition against carrying weapons. The suit states it didn't properly notify customers. The suit goes on to allege the man who intervened and started shooting was not aware that he could not carry his gun inside the mall.
"In my classes they taught me if you see anything with no guns, no weapons," Bernstein said the man stated. "Go back to your car put it up. He said that is just what I would have done."
"The question do they or do they not have a gun policy," Bernstein said.
On Monday, KENS 5 called and stopped by Rolling Oaks Mall and is still waiting on a response regarding the video and lawsuit. KENS 5 also reached out to Washington Prime Group Inc.
However, the mall released the following statement to KENS 5 back in 2017.
"Although we respect the laws of the state and individual rights, we do, however, maintain a separate code of conduct that we visibly post at our entrances that includes the prohibition of any weapons on the property. Our top priority continues to be the safety of our shoppers as we strive to provide the best possible shopping experience for all."
Bernstein said this case like many others have been pushed back because of coronavirus.
"Justice delayed is justice denied," he said.
The family is seeking monetary damages.