DALLAS — The family of a Dallas nurse killed in an October 2022 hospital shooting has filed a wrongful death lawsuit against the man who was convicted of her murder and against the state.
Sarah Flowers, daughter of the late nurse Annette Flowers, is suing 31-year-old Nestor Hernandez and the Texas Board of Pardons and Paroles.
Hernandez was convicted in the Oct. 22, 2022, shooting, which killed Annette Flowers and social worker Jacqueline Pokuaa.
In the lawsuit filed this month, the Flowers family claims the Board employees' negligent use or misuse of the electronic monitoring tangible property proximately caused the death of Annette Flowers. Hernandez had been on parole for previous convictions and had violated his parole multiple times, according to the lawsuit, including tampering with his ankle monitor. The lawsuit also alleges the Board "failed to properly record interactions with Hernandez."
"The Board, through its employees, was negligent in failing to properly supervise parolee Nestor Hernandez, failing to take appropriate action in response to his multiple parole violations, and allowing him to remain on parole despite his demonstrated danger to the community," the lawsuit reads.
The Flowers family is seeking an unspecified amount of wrongful death damages and a trial by jury, which "would show that the appropriate fee is paid contemporaneously."
Nearly two weeks after the trial, Flowers' daughters, Sarah and Kelly Flowers, spoke with WFAA for their first sit-down interview since their mother was killed 13 months ago.
"She’s what held our entire family together," Sarah told WFAA back in November 2023. "She was the only parent we had."
The Flowers daughters invited WFAA into their home because they want viewers to hear about their mission.
"To prevent this from happening to someone else’s mom," explained Sarah.
Since their mother's death, the Flowers daughters told WFAA they had heard from dozens of healthcare workers all across the country who say they're simply not protected.
"There’s not enough security, not enough vetting of people wandering the hospital," explained Sarah.
Minimal or complete lack of metal detectors, they said are one example. In addition to beefed up safety and security in hospitals, the women also planned to advocate for better overall treatment of and benefits for healthcare workers.
Here's the full background of the October 2022 shooting:
How did the shooting happen?
On Oct. 22, in both hospital surveillance and officer bodycam video edited by the Dallas Police Department, Hernandez is seen arriving at Methodist around 10:20 a.m. to visit his girlfriend, who just gave birth to their child.
Hernandez is seen entering his girlfriend’s hospital room, where police said he assaulted her with a handgun.
Pokuaa, a social worker, then entered the room to provide routine care and was shot by Hernandez one time, according to police.
One gunshot, screaming and crying could be heard on bodycam video from Methodist Sgt. Robert Rangel. In the next moments, police said Hernandez fired another gunshot toward Rangel, who, along with Flowers, had responded to investigate what happened.
Several seconds later, a third shot could be heard in the video. Police said this shot was the one that wounded Flowers, who later died from her injury.
As Hernandez reloaded his weapon, Rangel reportedly fired one shot at Hernandez, which struck him in the leg. Hernandez then retreated back inside his girlfriend’s hospital room.
Following a 10-minute standoff with law enforcement, Hernandez was taken into custody inside the room and was treated for his gunshot injury.
Police said the newborn was in the room during the shooting but was uninjured.
Here's video released from the hospital from when the shooting happened:
What happened in the aftermath?
Controversy has surrounded Hernandez’s case, due to him being out on parole for a violent aggravated robbery. Hernandez had also cut off his ankle monitor earlier in 2022, violating his parole conditions for a second time – but was released after spending 100 days in custody at the order of the state parole board, law enforcement sources told WFAA.
A bill filed by a Dallas lawmaker aimed at making it a crime to cut off ankle monitors was signed into law by Gov. Greg Abbott.
State Rep. Rafael Anchía (D-Dallas) filed the legislation in response to the tragic October 2022 shooting at Methodist Hospital Dallas. Anchía named two of the bills after Jacqueline Pokuaa and Annette Flowers, the two hospital workers killed during that shooting.
In Texas, it wasn’t a crime to cut off your ankle monitor. It was only an administrative violation. After passing through the 88th Legislative Session and Abbott's signing, Senate Bill 1004 made it a crime.
“Breaking your ankle monitor is like breaking out of jail," Anchía said earlier this year. "I promised our community to pass legislation that would prevent this tragedy in the future. The ankle monitor law, which received bipartisan support, will protect Texans and increase accountability of offenders on parole.”
Victim Impact Statements
Throughout the trial, friends and family of Flowers and Pokuaa were in the courtroom to support their deceased loved ones.
After the verdict and sentence were announced, those family members took to the stand for victim impact statements.
"I hope that little boy who unfortunately has to share your DNA never grows up to know what a waste of human space you are," Angie Davis, a niece of Flowers, said on the stand. "I pray that he lives a life full of love and happiness, a life that you would never have given him."
"You will rot in a prison cell until, hopefully, you have a long, drawn-out painful death and face the hell you have coming. You will live in a cell where your short, fat self will undoubtedly be made someone else's special friend where every day, they will have their way with you. Unfortunately for them, if the photos of your toddler-sized shoes have anything to say with it--they will be disappointed. Rot in hell."
Sarah Flowers, one of Annette's daughters, wore one of her jackets while taking the stand for statements. The jacket was the color teal, a color they wanted to wear because it was the same as Pokuaa's scrubs the day she died.
"You couldn't control yourself for an hour?" Flowers said on the stand. After the trial, she told WFAA this: "What was his claim on the stand again? That this entire thing happened because of how he felt? Okay. Great."
Flowers' family was displeased listening to Hernandez's testimony, which was nothing short of a Hail Mary that had no shot the minute he opened his mouth.
A member of the prosecution read a letter from Pokuaa's family, who was unable to attend the trial. But Flowers' daughters and family members sent a very strong message to Hernandez.
"We wish there was a harsher punishment, but there's nothing we can do at this point," Kelly Flowers said. "He showed no remorse, so I have no remorse for him."
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