A Montgomery man convicted of killing three men two years ago at University Heights apartment complex will be facing a lawsuit early this month against the victims and their families for their wrongful deaths and injuries.
On June 9, 2012, Desmonte Leonard, 24, opened fire after an altercation erupted at a party at University Heights apartment complex, presently known as Tiger Lodge on West Longleaf Drive in Auburn.
Leonard left the party after the heated argument only to return with a gun and begin shooting.
After a three-day manhunt, Leonard was charged with one count of capital murder, two counts of attempted murder, two counts of second-degree assault and one count of first-degree assault.
Former Auburn football players Ladarious Phillips and Ed Christian were killed in the shooting, as well as DeMario Pitts of Opelika.
Phillips and Christian were both a part of the 2010 National Championship.
Xavier Moss of Roanoke, John Robertson of Roanoke, and former Auburn football player Eric Mack were injured.
According to Lee County Circuit Court clerk Mary Roberson, Jemecia Phillips, mother of Ladarious will file a civil lawsuit against Leonard.
According to Montgomery County Circuit Court, Ed Christian's family and Xavier Moss will file a civil lawsuit as well.
Additionally, the families are filing a lawsuit against University Heights and its previous management team.
"There were shootings weeks before this happened in that complex," said Randy Ferguson, Phillips' lawyer. "People called the police and management company a week before this (shooting) happened."
The case claims that the complex did not provide a gated barrier to keep residents safe the night of the shooting.
"People sent their kids to a gated community expecting to be safe, and the gates were broken half of the time," Ferguson said. "If you go out there today, the gates are still wide open."
According to Ferguson, the shooting happened during a private party; however, employees who worked for University Heights were also in attendance with the knowledge that the gates were broken.
"Part of it is on the shooter," Ferguson said. "It's hard to know what a shooter is going to do, but they (the management team) could have attempted to prevent it. That's what it is really about- is them being accountable."
Leonard is due for a status conference July 11, 2014 and a trial starting the week of Sept. 22, 2014.
If there is a settlement on a recovery trial, the money will go to Phillips' estate, Ferguson said.
Leonard is currently being held at the Montgomery County Jail.
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