WARNING: GRAPHIC & VIOLENT VIDEO FOOTAGE
The mother of a teen killed last summer sued Wayne Parish and his company in Hinds County Circuit Court yesterday. Parish shot and killed 17 year-old Charles McDonald, Jr. during a struggle over a gun at Performance Oil on McDowell Road on July 21, 2016. A Hinds County grand jury indicted him for first degree murder in October. He is free on a $50,000 bond. Attorney Carlos Moore represents the plaintiffs.
Yvette Mason-Sherman attempted to take her son to the Henley-Young Youth Detention Center on the day of his death. The troubled young man figured out where he was going and jumped out of the car and ran away. Troubled because his mother said he had been at Henley-Young eight times in the last two years.
Performance Oil is next door to the detention center. The security camera video (posted below) shows McDonald walking across the property of Performance Oil. A Lexus ES350 attracted his interest. He picked up an object and apparently tried to smash open a window and gain access to the vehicle.
The video shows Mr. Parish coming out of the office and confronting McDonald. The police report states the Vice-President of Performance Oil was carrying a Smith & Wesson .38 revolver. Mr. Parish chases McDonald around the car. McDonald then charges at the businessman. There is a struggle and both men are apparently fighting over the gun. McDonald crumples to the ground when shots are fired as the rounds struck him in the upper torso. A pick-up truck pulls up and a woman who knew the deceased gets out of the vehicle. Police arrived on the scene within two minutes. The police report states that Mr. Parish submitted to an interview and was not charged with a crime. It also states the case was sent to a grand jury.
There were two outstanding warrants for McDonald's arrest at the time of the shooting. One involved a police chase. The motion for bond states that he was "involved in a house burglary and almost shot by homeowner."
The lawsuit states:
9. On or about July 21, 2016, Plaintiff was transporting her son, Charles McDonald, Jr., to the
Henley-Young Juvenile Justice Center, which is next door to Defendant POE.
10. Upon arrival at the juvenile justice center, Decedent fled Plaintiff's vehicle and ran to POE. Defendant Parish exited the store with a gun and aggressively approached Charles McDonald, Jr. in
the parking lot. Subsequently, an altercation began between Charles McDonald, Jr. and Wayne Parish. Charles McDonald, Jr. grabbed the gun and a struggle ensued; thereafter, Decedent was shot by Defendant POE. Charles McDonald, Jr. suffered multiple gunshot wounds to the upper torso....
The plaintiffs admit that the teen grabbed the gun and struggled. However, Mr. Moore invokes some premises liability to impute liability to the defendants:
12. At all times pertinent Decedent was an invitee of the Defendants. As an invitee, the Defendants owed a duty to Decedent and other invitees to maintain the premises in a reasonably safe manner and to warn of known dangers.
13. As a direct and proximate cause of the Defendants' failure to maintain the premises in a reasonably safe manner, Decedent was injured. He experienced excruciating pain and expired on July 21, 2016. Plaintiffs experienced and continue to experience excruciating pain and suffering as a result of the death of Decedent.
14. Defendants failed to provide adequate security which would have deterred Defendant Parish from exiting the store, in possession of a firearm, posing and ultimately causing harm and the death of Decedent...
15. Defendants, at all times relevant hereto, failed to provide reasonable and adequate protection for Plaintiff and other invitees on the premises despite their knowledge, actual or otherwise about the danger existing there.
The lawsuit asks for actual and punitive damages. The case is assigned to Judge Bill Gowan.
Parish bond set at $50,000.
Parish's son accuses D.A. of "grandstanding."
Was it murder? We report, you decide. Video of shooting.
Arrest made in thief's death.
No Comment (WJTV story)
Here comes the lawsuit.