John Rogers, Andrew Perez
A complaint filed by the lawyers for the parents of Summer Moody , the teen who was shot in the head on Gravine Island on April 15, said they are suing for wrongful death in the teen's slaying
The family is suing the three men who authorities said were involved in the shooting as well as Alabama Marine Police and John Russell Beasley, who owns a camp on Gravine Island.
"We've filed a lawsuit against the owner of the crow's nest who we believe might have engaged in some type of agency or partnership with the other men to defend patrol and monitor the area," said Moody's family attorney Robert Stankoski.
Moody died April 25 from injuries related to the shooting and her mother and father, Terri Lewis and Mark Moody, are asking for $1 million plus interest and cost.
Stankoski, said, "They want to know everything that happened. They have questions about their daughter's death."
The complaint said Moody and three other teens, Scott Byrd, Daniel Parnell and Dillon Tyree, all 17 at the time, were taking a boat ride up The Tensaw River. It said they docked the boat near a fish camp under construction and made their way toward a fish camp known as the Crow's Nest, owned by Beasley.
The document said Lonnie Davison, William Hearn and Larry Duncan were staying at another camp near the Crow's Nest.
The three men stated they knew of previously stolen tools in the area.
According to a Baldwin County investigator, the men said they had been told by Marine Police that if a problem arose, they were to take matters into their own hands.
Stankoski said, "If (the men) go to court and try to blame it on the Marine Police, there may be some liability there."
The men told authorities they heard a noise that night and went to investigate. They said they used a boat to cross Gravine Island slew and docked their boat in front of the Crow's Nest.
Officials said the men opened fire when they heard the teens, who were allegedly burglarizing fish camps, behind the Crow's Nest.
The document said the men left, but came back when they realized someone had been shot.
In earlier statements, investigators said the men were taken in for questioning, but released without being charged.
Later Bryd, Parnell and Tyree were all charged with first-degree burglary.
Police said before the shooting, investigators suspected both Tyree and Byrd of a number of crimes, including criminal mischief, assault and third degree burglary.
Aside from the first-degree burglary charges both of the teens face from Gravine Island, they also face assault charges .
Both were out on bail from their first-degree burglary charges. And as of July 3, they are still in jail.
The three men do not face any charges.
Stankoski said one big answer he hopes to learn is Moody's role during the burglaries.
Stankoski said, "Did she go along as a willing participant? And did they form the intent to commit crimes, or was she going along with her boyfriend and some men for a boat ride and then it turned to something different?"
He said the jury will have to consider those questions.
Stankoski said, "If there's an award made against the men, (the jury) will have already heard her role in this, and they'll determine how to portion out her liability and culpability and what the liability and the culpability of the men are."
Thomas Dasinger, the attorney for William Hearn, is hopeful no federal gun charges will be filed against his client. Hearn is a convicted felon who according to the Baldwin County Sheriff's Office had a rifle and fired a warning shot that night.
Dasinger said, "I believe the responsibility should fall on the kids who are now charged as adults for being out there. You just don't go out burglarizing and vandalizing and things like that, and it's a reasonable expectation that something like that could happen."
Robert Stankoski said the family does not feel this was an accident.
He said, "When you have men who arm themselves, got on a boat, came down and confront and put themselves in a situation where they create the zone of danger, and they discharge firearms in an area where they don't know where people are, they're responsible for it."
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