Petition
Petition
Petition
5/24/2024 4:34 PM
Gloria A. Martinez
Bexar County District Clerk
Accepted By: Martha Laura Medellin
Bexar County - 225th District Court 2024CI11581
CAUSE NO.:
COMES NOW, the Plaintiffs, of Uvalde, Texas: Patricia Albarado, and Erica
Barrera, Individually and ANF of D. R., Michael Brown, Individually and ANF of V.B.,
Jennifer Davis, Individually and ANF of Z. D., Angeli-Rose Gomez, Individually and ANF
of G.B. and A.G., Luz Hernandez, Individually and ANF of N.J., Carla Rose King, Tiffany
Luna, Individually and ANF of A.P., Tamica Martinez, Individually and ANF of R.D.,
Tiffany Massey, Yolanda Morales, Individually and ANF of Z.G., Nicole Faye Ogburn,
Mary Ann Reyes, Individually and ANF of A.S. and A.S., Bianca Rivera, Individually and
ANF of G. R., Jennieka Rodriguez, Individually and ANF of V.S, Minor, Brenda Sonora,
David Trevino, Individually and ANF of A.T., I.T., Minors Jane Doe, and D.T., Krystal
Upton, Individually and ANF of J.T. and B.T., Esmeralda Velasquez, Individually and
United Parcel Service, aka UPS, has a principal office in San Antonio, Texas
with decision makers and daily affairs of more than common low level decision makers.
One of the principal offices is located at 7129 Eckhert Rd.; San Antonio TX 78238.
Federal Express, aka Fed-Ex, has a principal office in San Antonio, Texas with decision
makers and daily affairs of a more than common low level decision makers. One of the
UPS may be served at its principal office located at 55 Glenlake Parkway, N.E.,
Atlanta, Georgia 30328. UPS is a nationwide network shipping carrier that facilitates
package pick-up and delivery services throughout the United States and worldwide. At
all relevant times, UPS was engaged in the business of labeling, promoting, packaging,
and delivering products, including the Hellfire trigger, for the domestic and international
FEDEX corporation may be served at its Principal Executive Office at 942 South
carrier that facilitates package pick-up and delivery services throughout the United
States and worldwide. At all relevant times, FEDEX was engaged in the business of
labeling, promoting, packaging, and delivering products, including the DAVIS FIrearm
Ar-15, for the domestic market, for use by untrained civilians and young adults.
The plaintiffs intend that discovery be conducted under LEVEL 3 OF RULE 190
The Defendants are being sued under their common or assumed name per Tex.
R. Civ. P. 28. In the event the party is misnamed or are not included herein, it is the
Plaintiff’s contention that such was a “misidentification,” “misnomer,” and/or such parties
are/were “alter egos” of parties named herein. Alternatively, Plaintiffs contend that such
“corporate veils” should be pierced to hold such parties properly included in the interest
of justice
FACTS
1. The facts contained in this petition were pieced together without access to
police reports, incident video statements, autopsy reports, ballistic reports, blood
splatter reports, blood tests, as no state agency nor federal agency responded to open
records request nor Freedom of Information Act request including the ATF, the Uvalde
Independent School District, the District Attorney of Uvalde, the Texas Department of
Public Safety, the City of Uvalde, The Uvalde Police Department; in an apparent
concerted effort to deny the children and families of Uvalde Texas Due Process of Law.
Without said information, Plaintiffs acknowledge and agree they will amend their
kidnapped, and terrorized the teachers and students at Robb Elementary School in
Uvalde, Texas. The deadly mass shooting lasted for approximately 77 minutes from the
time he entered the school to the time he was killed. Salvador Ramos, who entered the
school through an unlocked door or defective door and locking system on the school’s
west side as children were in the school celebrating their last day of class before the
summer break. Ramos murdered nineteen (19) third and fourth-grade children and
students in classrooms 111 and 112 and left three teachers dead or dying. The Plaintiffs
and school children suffered mental and emotional trauma as a result of hearing the
shots, fearing for their lives, and the lives of their classmates. Upon information and
belief, the weapon Ramos was armed with was the Daniel Defense AR-15, which was
modified into a fully automatic weapon with the use of the Hellfire Gen 2 on that day,
which turned the Daniel Defense AR-15 into an automatic or semi-automatic weapon.
Based upon gathered information the shooter, Salvador Ramos, was under 18 when he
8.0 The Conditions of Carriage for UPS states: “Shipments must not contain
goods which might endanger human or animal life or any means of transportation, or
which might otherwise taint or damage other goods being transported by UPS, or the
The Plaintiff’s assert that the contract of carriage violations constitute negligence per se.
9.0 The Conditions of Carriage for Federal Express states: 8.1 The following
PARTS.
9.1. Additional restrictions may apply depending upon destination and service
and service option used and various regulatory and customs clearances may be
required for certain commodities, therefore extending the transit time. FedEx reserves
the right to reject Packages based upon these limitations or for reasons of security or
safety. FedEx shall be entitled to charge an administrative fee for packages rejected
and for the costs of returning goods, where applicable, to the Sender. Further
fully effective packaging of all Dangerous Goods, in compliance with all requirements of
the latest edition of the IATA Dangerous Goods Regulations with regard to
classifications, packaging, marking and labeling, and with any other applicable laws,
regulations or rule
9.3 All Dangerous Goods which are destined for or which transit the U.S.A.
the request of the competent authorities, open and inspect any Shipment at any time,
required to undertake (random) X-ray screening. FedEx may undertake such screening
and the Sender and Recipient hereby waive any possible claims for damages as a
result of screening.
The Plaintiff’s assert that the contracts of carriage violations establish negligence
per se.
3. . The Defendant shooter lived at 552 Diaz St., Uvalde, Texas. The grounds of
Robb Elementary School are approximately 924 feet away. A school zone means within
a distance of 1000 feet from the grounds of a public school. 18 U.S.C. § 921(a)(26).
4. The United States Congress states that “firearms and ammunition move
easily in interstate commerce and have been found in increasing numbers in and
Judiciary the House of Representatives and the Committee on the Judiciary of the
Senate 18 U.S.C. § 922(q)(1)(C). In fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which they are made have
crime in school zones has resulted in a decline in the quality of education in our
country.” 18 U.S.C. § 921(q) (1) (D) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has reasonable cause to
§ 922 (q)(1)(D)
A licensed manufacturer may only sell a firearm to a person who does not appear
in person at the licensee's business premises only if the transfer states that he is 18
sold the AR-15 to a person, the shooter, who did not state that he was 18 years of age
or older; was not 18 years of age; and did not provide proof that he was 18 years of
age; Fed-Ex also transported the AR-15 without inquiring as to the age of the purchaser.
5.. The transferor FEDEX did not prior to the shipment of the firearm forward a
signed sworn statement to the shooter’s residence, and receive a return receipt
Express did not delay shipment or delivery for seven days following receipt of the
notification.18 U.S.C.§ 922(c)(3)... The acts of Federal Express resulted in the failure of
the guardian of the Shooter Salvador Ramos to prevent the purchase of the AR-15.
interstate or foreign commerce any firearm with reasonable belief that the transportation
Federal Express transported a weapon that was within 1000 feet of a school zone. The
defendant Federal Express is negligent per se for shipping a firearm to a person, the
shooter Salvador Ramos, who was living within 1000 foot of a school zone; and
Congress passed § 922 specifically for the purposes of preventing firearms in and
around schools; placing the firearms component parts such as the Hellfire trigger in
7. The defendant UPS, on information and belief, shipped the Hellfire trigger
directly to the shooter Ramos who lived within 1000 feet of Robb Elementary.
Department of Transportation .
9. The shooter, Salvador Ramos, upon information and belief: 1) Had a history of
mental and behavioral problems, which was apparent by his bizarre appearance, and
was well known within the small community of Uvalde, Texas, which was in part
evidenced by his nickname, “school shooter.”; 2) Was under 18 years of age when he
purchased the Hell Fire trigger on-line which modified the AR-15 into an automatic
weapon which was used at Robb Elementary School to slaughter children and adults;
3) The shooter used his address at 715 Carrizo Drive when he purchased the Hellfire
trigger, which was within 1000 feet of the Robb Elementary school grounds; 4) The
Hellfire trigger was shipped through UPS to the shooters home at 715 Carrizo Road
which was within 1000 feet of Robb Elementary school grounds; 5) The shooter used
the address at 715 Carrizo Drive when making the online purchase of the AR-15
through Daniel Firearms; The illegally purchased AR-15 which was used in many mass
received the weapon and transferred the AR-15 to the shooter even though he was
under 18 at the time of the purchase from Daniel Defense, and he lived within 1000 feet
of the school grounds of Robb Elementary; 7) Oasis Firearms illegally transferred the
AR-15 to the shooter Ramos, which he purchased when he was under 18 years of age;
and when he lived within 1000 feet of Robb Elementary School; 9) Oasis firearms
illegaly sold the shooter ammunition used in the AR-15 which was used to slaughter
children and adults at Robb Elementary School; 10) The close proximity of the
shooters home enabled him to drive to the Robb Elemenatry School even though he
could not drive a vehicle, and therefore the United Staes Code Statutes which prevent
the shipping to persons under 18 and within 1000 feet of school zones would have
prevented the shooting at Robb Elementary; 11) UPS and FedEx acted in combination
and/or collusion to provide AR-15 modified to machine guns to persons who persons
under 18 within school zones; 12) Effectively UPS and FedEx acted as illegal gun
runners to a juvenile. 13) Arms trafficking or gunrunning is the illicit trade of contraband
small arms.
10. The Plaintiffs assert that the actions of UPS, Federal Express, individually or
in combination; jointly and/or severally; caused and proximately caused the delivery,
and the modification of a weapon into the hands of a person likely to act as a school
shooter and who did act as a school shooter, that is Salvador Ramos; and the
Defendants abrogated various federal and state laws designed to protect school
children from mass shooters by transdporting the Ar-15 and the Hellfire trigger.
11. UPS.com states as the “UPS Tariff/Terms and Conditions of Service - United
States” states, “the shipper shall comply with and shall ensure that each Shipment
containing Firearm Products complies with all federal, state, and local laws applicable
to the Shipper, recipient, and Package, including without limitation, age restrictions.”
12 18 U.S.C Section 922(1)(C) states that firearms and ammunition move easily
in interstate commerce and have been found in increasing numbers in and around
schools.
18 U.S.C. Section 922(1)(D) states that even before the sale of a firearm, the
gun, its component parts ammunition have considerably moved in interstate commerce,
Parents may decline to send their children to school due to concerns about gun
13. A 1990 federal law bans firearms within 1000 feet of public and private
schools. Robb Elementary School is located at 715 Old Carrizo Rd. in Uvalde Texas.
The shooter’s home was at 552 Diaz St. Uvalde Texas. The shooter's home is between
Main, Uvalde Texas and it is 3.5 miles to 3.7 miles or, 10 minutes there to 715 Old
Carrizo Rd., Uvalde Texas The distance from Robb Elementary to Oasis Firearms is
14. United Parcel Service ships firearm products. UPS shipped a Hellfire trigger
System directly to an underage person, which was used to modify the AR 15 used to
15. Federal Express delivered the AR-15 to Oasis firearms, which was
purchased illegally by the underage shooter, Salvador Ramos. The Federal Express
Contract of Carriage permits has unacceptable items for carriage, such as dangerous
goods.
person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
18 U.S.C. Section 922(q) (2)(A) states that it shall be unlawful for any individual
knowingly to possess a firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the individual knows, or has reasonable cause to
16. The claim against UPS arises out of UPS’s transportation and shipping of
deadly firearm modifiers to Texas consumers without regard for the use of the product.
International Inc.’s Hellfire Gen 2 trigger system to the Robb Elementary shooter
Ramos.
UPS is a nationwide network shipping carrier that facilitates package pick-up and
delivery services throughout the United States and worldwide. Upon information and
belief from public records and media sources, Ramos purchased Firequest
International, Inc.’s allegedly illegal Hellfire Gen 2 trigger system via online ordering
while under the age of 18. Based on the information available, Hellfire Gen 2 was
shipped via UPS’ shipping and distribution network directly to the shooter’s home in
Uvalde, Texas. UPS took no action to alert its employees to the danger of this type of
transportation of potential illegal products, or at the least that the product should have
been one that more information was needed prior to transporting to Ramos. UPS
negligently shipped the Hellfire trigger and enabled Salvador Ramos to shoot the
to a fully automatic weapon, in a similar manner to a “bump stock.” The trigger system
installs invisibly within the pistol grip on any AR-15 style rifle and can be activated or
deactivated in seconds. The trigger system permits the shooter to have a firmer grip on
the gun and stock for increased accuracy, however it also allows the shooter to pull the
firearm trigger at a modified rate of 350 rpms. The transportation of this device to
minors, which permits the modification of AR-15s into automatic weapons, constitutes
UPS aided Firequest International, Inc. in the illegal sale and delivery of their
trigger system when they accepted, transported, and delivered the trigger system to the
underage shooter. UPS was negligent when they failed to properly screen packages for
shipping and transporting of the Hellfire trigger which has been used in prior mass
shootings or murders, and which has been publicized in the media. UPS is also
negligent for failing to train their employees regarding safety standards, failing to
enforce safety standards and protocols, and failing to inspect and maintain packages to
ensure they would be safe and free from dangerous hazards. Moreover, UPS and
Federal Express each shipped separate component parts which in combination were
used to make an automatic weapon, that is UPS shipped the Hellfire Trigger and
Federal Express shipped the AR-15 rifle. The Hellfire trigger system and the AR-15
dangerous activity. Therefore, UPS assumed the risk when they shipped the Hellfire
trigger system.
violations of the RICO Act. UPS made no attempts to determine one or more of the
following, 1) Whether the Hellfire trigger was illegal; 2) Whether the Hellfire trigger was
illegally sold directly to Ramos; 3) Whether UPS is responsible for shipping the weapon
which may have been used in mass and deadly shootings. UPS had a duty to fulfill
their duty to Plaintiffs and the public at large by not shipping weapons and modifiers to
persons under 18 years of age, and persons who had not been screened in conformity
17. FedEx and UPS Defendants owed a duty of ordinary care to the public
generally not to ship dangerous devices to minors; and/or to persons who have the
indicia of mental illness; which could be utilized to modify firearms to commit mass
murder to persons of the general public. That is, FedEx and UPS, by shipping the
unreasonable risk of harm in which there was a sufficient probability of a harmful event
that a reasonably prudent person would have foreseen or that some similar shooting
A duty existed by Defendants FedEx and UPS given the degree of risk to the
Plaintiffs; the probability that the Hell-Fire trigger would be used against the social utility
FedEx and UPS to screen for such items; and the limited consequences of placing the
burden on the Defendant not to ship the item or to ship the item with adequate
warnings.
The Defendants FedEx and UPS have greater knowledge of the risk or ability to
control the active wrongdoer of someone who would order a Hell-Fire trigger
anonymously, that was the shooter. The Defendant FedEx transported the assault-style
rifles to Defendant Oasis Outback in Uvalde, Texas. The Defendant UPS delivered the
Hell-Fire trigger to the shooter. The shootings at Robb Elementary were foreseeable
due to the frequency and occasions of similar events previously reported; and were in
fact within common knowledge of most persons. Mass murders have become a
significant and pervasive problem in the United States, and a duty exists to United
States Citizens not to facilitate mass murders and/or to prevent such mass murders.
The social utility of transporting devices, such as the Hell-Fire trigger and Assault rifles,
through the mail does not dismiss the duty of the FedEx and UPS as there is no right to
The screening of such items and inquiring what the item is, or used for, presents
The duty of FedEx and UPS not to ship such devices, as the Hell-Fire Trigger
and the AR-15 rifles to virtually anonymous persons on line who are not screened, and
or who can use the devices in a way to commit mass murder does not conflict with a
evidence and discovery for all state and government agencies such as the Texas
The Plaintiffs assert that the Defendant FedEx and UPS were performing an
inherently dangerous activity; and, that the FedEx and UPS did not use the measure of
a reasonably prudent person in view of the fact that the transportation of such trigger
Plaintiffs will show that one or more or all of the above-mentioned acts and/or
omissions constitute negligence and gross negligence and were the proximate cause of
have suffered and continue to suffer economic losses, including considerable financial
expenses for medical and mental health care and treatment, and diminished income
capacity, and will continue to incur these losses and expenses in the future.
18. The Plaintiffs assert a claim for gross negligence and Plaintiffs seek punitive
and exemplary damages in order to punish and deter the outrageous conduct, and
The Defendants were grossly negligent in selling and delivering firearms, firearm
considering the probability and magnitude of potential harm to the plaintiffs and public.
The Defendants proceeded with conscious indifference to the rights, safety, or welfare
and the general public. The acts and/or omissions of the Defendants were knowing and
willful failures to abide by the applicable safety guidelines regarding the purchase and
sale of firearms. These actions and/or omissions constitute malicious, willful, wanton,
grossly negligent and/or reckless conduct. The acts/or omissions proximately caused or
contributed to Plaintiffs’ injuries and damages set out herein, and as such, give rise to
Plaintiffs allege that the conduct of all defendants amounted to gross negligence
and/or malice as those terms are defined under Tex. Civ. Prac. & Rem. Code Ch. 41, (§
19. Plaintiffs reallege and incorporate each of the preceding paragraphs, and all
subsequent paragraphs.
This cause of action arises under the laws of the State of Texas.
The Defendants’ conduct acts and omissions, conscious choices, and deliberate
indifference to Plaintiffs as alleged throughout this Complaint was intentional and done
with reckless disregard for Plaintiffs’ health, well-being, safety, and lives. The Plaintiffs
civilized community. Defendants knew or should have known that their conduct, acts
and omissions, and choices would create a high degree of risk of harm to Plaintiffs.
Defendants knew the Plaintiffs’ vulnerabilities and susceptibility to harm given their age.
Despite this knowledge, Defendants deliberately proceeded to act, and failed to act, in
suffer severe emotional distress including fear, apprehension, terror, anxiety, panic,
worry, stress, night terrors, insomnia, stress induced health effects, post-traumatic
stress syndrome, mood disorders, behavioral changes, and loss of security and peace
Depression of the depth, intensity, and duration of the mental distress and
emotional pain suffered by Plaintiffs is not ordinary, and not what children should have
suffer physical and emotional damages, increased medical and mental health care
expenses for medical and mental health care and treatment, and diminished income
capacity, and will continue to incur these losses and expenses in the future.
20. Plaintiffs reallege and incorporate each of the preceding paragraphs, and all
subsequent paragraphs.
At all relevant times, Defendants shipped the Hellfire trigger without regard to
dangerous because the equipment they shipped was marketed, and sold so that they
Defendants are liable to Plaintiffs for injuries caused as a result of their shipping
the Hellfire trigger without regard for the legality of shipping the item.
suffer physical and emotional damages, increased medical and mental health care
visits, and loss of enjoyment of childhood and economic losses, including considerable
financial expenses for medical and mental health care and treatment, and diminished
income capacity, and will continue to incur these losses and expenses in the future.
weapons and modifiers to persons under 18 years of age; to sell inherently dangerous
items to young adults, without adequate training, guidance, and/or supervision and/or
within the setting of a safe and supervised environment. The Defendants further have
actual or constructive knowledge that the young adult civilian consumers it sells to
and/or targets do not have the experience or expertise to appreciate the risk of harm to
The Defendant’s policy, or lack of policy, failed to provide legal and safety
guidelines for their employees in regards to screening and shipping items that were
illegal, or were illegally sold to minors; nor did they notify the public that these items
possession and/or control of the product used by the Uvalde school shooter on the day
insomnia, increased medical and mental health care visits, and loss of enjoyment of
childhood and economic losses, including considerable financial expenses for medical
and mental health care and treatment, and diminished income capacity, and will
The Defendants’ conduct was done with reckless disregard for human life,
oppression, and malice. The Defendants were aware of the serious and demonstrable
risk of serious bodily injury and death associated with their conduct and that such risks
are compounded and worsened by their intentional inaction. With full knowledge of such
risks, Defendants proceeded causing Plaintiffs to suffer and sustain severe physical,
mental, and emotional harm, increased medical and mental health care visits, and loss
expenses for medical and mental health care and treatment, and diminished income
capacity, and will continue to incur these losses and expenses in the future.
and guardians, of the children present at the shooting at Robb Elementary School
suffered loss of consortium and/or companionship with their children, emotional stress,
lost wages on the day of the shooting, lost wages as to time off from work to take their
children's emotional needs, and will continue to incur these losses and expenses in the
future.
damages; increased medical and mental health care visits, and loss of enjoyment of
childhood and economic losses, including considerable financial expenses for medical
and mental health care and treatment, and diminished income capacity, and will
The Plaintiffs, that is the adults and their children, suffered non-economic
damages, that are, mental or emotional pain or anguish, loss of consortium, loss of
reputation, and all other non pecuniary losses of any kind other than actual damages
8.0 The Conditions of Carriage for UPS states: “Shipments must not contain
goods which might endanger human or animal life or any means of transportation, or
which might otherwise taint or damage other goods being transported by UPS, or the
UPS violated their own contracts of carriage and are negligent per se.
9.0 The Conditions of Carriage for Federal Express states: “8.1 The following
PARTS. Federal Express violated their own contract of carriage and are negligent per
se.
9.1. “Additional restrictions may apply depending upon destination and service
and service option used and various regulatory and customs clearances may be
required for certain commodities, therefore extending the transit time. FedEx reserves
the right to reject Packages based upon these limitations or for reasons of security or
safety. FedEx shall be entitled to charge an administrative fee for packages rejected
and for the costs of returning goods, where applicable, to the Sender. Further
9.2. DANGEROUS GOODS The Sender must provide and shall be liable for the
fully effective packaging of all Dangerous Goods, in compliance with all requirements of
the latest edition of the IATA Dangerous Goods Regulations with regard to
classifications, packaging, marking and labeling, and with any other applicable laws,
regulations or rule
9.3 All Dangerous Goods which are destined for or which transit the U.S.A. must
9.4 INSPECTION OF SHIPMENTS 11.1. FedEx may, at its option, or upon the
request of the competent authorities, open and inspect any Shipment at any time, and
required to undertake (random) X-ray screening. FedEx may undertake such screening
and the Sender and Recipient hereby waive any possible claims for damages as a
result of screening. The Defendant FedEx is an expert in shipping and are experts in the
field of shipping under the standards of Daubert v. Merrell Dow Pharmaceuticals, 509
of Robb Elementary School are approximately 924 feet away. A school zone means
within a distance of 1000 feet from the grounds of a public school. 18 U.S.C. §
921(a)(26).
11.0 The United States Congress states that “firearms and ammunition move
easily in interstate commerce and have been found in increasing numbers in and
Judiciary the House of Representatives and the Committee on the Judiciary of the
Senate 18 U.S.C. § 922(q)(1)(C). In fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which the are made have
moved in interstate commerce; 18 U.S.C. § 922 (q)(1) (D) (T)he occurrence of violent
crime in school zones has resulted in a decline in the quality of education in our
country.” 18 U.S.C. § 921(q) (1) (D) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has reasonable cause to
11.1. A licensed manufacturer may only sell a firearm to a person who does not
appear in person at the licensee's business premises only if the transfer states that he is
18 years of age or more. 18 U.S.C. § 922(q)(c)(1). Daniel Defense sold the AR-15 to a
person, the shooter, who did not state that he was 18 years of age or older and
transported the weapon through FedEx..UPS also transported the AR-15 without
11.2. The transferor FedEx did not, prior to the shipment of the firearm, forward a
signed sworn statement to the shooter’s residence, and receive a return receipt
evidencing delivery of the statement. 18 U.S.C. § 922(c)(2). The transferor FedEx did
not delay shipment or delivery for seven days following receipt of the notification.18
U.S.C.§ 922(c)(3). The acts of FedEx resulted in the failure of the guardian of the
interstate or foreign commerce any firearm with reasonable belief that the transportation
FedEx transported a weapon that was within 1000 feet of a school zone. The defendant
FedEx is negligent per se for shipping a firearm to a person, the shooter Salvador
Ramos, who was living within 1000 foot of a school zone; and Congress passed § 922
specifically for the purposes of preventing firearms in and around schools; placing the
around schools. The Defendant UPS, on information and belief, shipped the Hellfire
trigger directly to the shooter Ramos who lived within 1000 feet of Robb Elementary.
12. Common carriers provide truck transportation to the general public. U.S.
Department of Transportation.
13. The shooter, Salvador Ramos, upon information and belief: 1) Had a history
of mental and behavioral problems, which was apparent by his bizarre appearance,
and was well known within the small community of Uvalde, Texas, which was in part
evidenced by his nickname, “school shooter”; 2) Was under 18 years of age when he
purchased the Hell Fire trigger on-line and the AR-15 which modified the AR-15 into an
automatic weapon which was used at Robb Elementary School to slaughter children
and adults; 3) The shooter used his address at 715 Carrizo Drive when he purchased
the Hellfire trigger, which was within 1000 feet of the Robb Elementary school grounds;
4) The Hellfire trigger was shipped through UPS to the shooters home at 715 Carrizo
Road, Uvalde, Texas which was within 1000 feet of Robb Elementary school grounds;
5) The shooter used the address at 715 Carrizo Drive when making the online
purchase of the AR-15 through Daniel Firearms; 5) The illegally purchased AR-15
which was used in many mass shootings, was illegally shipped by FedEx to Oasis
Firearms; 6) Oasis Firearms transferred the AR-15 to the shooter even though he was
under 18 at the time of the purchase from Daniel Defense, and he lived within 1000 feet
of the school grounds of Robb Elementary; 7) Oasis Firearms illegally transferred the
AR-15 to the shooter Ramos, which he purchased when he was under 18 and when he
feet of Robb Elementary School; 9) Oasis firearms received the AR-15 from FedEx
and illegally sold the shooter ammunition used in the AR-15 which was used to
slaughter AND traumatize children and adults at Robb Elementary School; 10 ) The
close proximity of the shooters home to Robb Elementary enabled him to drive to the
Robb Elementary School even though he could not drive a vehicle, and therefore the
United States Code Statutes which prevent the shipping to persons under 18 and within
1000 feet of school zones would have prevented the shooting at Robb Elementary; 11)
UPS and FedEx acted in combination and/or collusion to provide AR-15 modified to
machine guns to persons who persons under 18 within school zones; 12) The actions
by FedEx and UPS constituted illegal gun running, was forbidden under common law
14. The Plaintiffs assert that the actions of UPS, Federal Express,and Oasis
proximately caused the delivery, and the modification of a weapon into the hands of a
person likely to act as as a school shooter and who did act as a school shooter, that is
Salvador Ramos; and the Defendants abrogated various federal and state laws
wage-earning capacity in the future, medical expenses, mental anguish, and damages
to the person of each plaintiff. Plaintiffs specifically aver that their injuries include, but
are not limited to, post-traumatic stress disorder, fear, nightmares, extreme anxiety,
depression, and insomnia. In all reasonable probability, Plaintiffs will continue to suffer
in this manner for a long time into the future, if not for the remainder of their natural
lives. The injuries have had a serious effect on bystander mental anguish for the injuries
caused to third person, the shooter. The Plaintiffs assert loss of Plaintiffs’ former
lifestyle, including loss of ability to play sports, have a normal social life, loss of service,
The adult guardians and parents sue for loss of service of the minor child, and
the evidence of minors and their capacity to perform services, which may be inferred
The Plaintiffs sue for actual damages to repair the wrongs or to compensate for
The Plaintiffs sue for future damages. "future damages" means damages that are
incurred after the date of the judgment, these include medical bills, loss of wages,
The Plaintiffs sue for future loss of earnings. "future loss of earnings" means a
pecuniary loss incurred after the date of the judgment, including loss of income, wages,
during the discovery process. The Plaintiffs preserve the right to plead additional and
more specific damages in the future as more facts become known. The
above-mentioned elements of damages are those that Plaintiffs have suffered in the
past up to the time of trial, but in addition, those that they, in reasonable probability, will
activity, negligent actions, grossly negligent actions, and violation of RICO, the parents
and children incurred damages, including mental pain and suffering, medical expenses,
and possible diminishment of their travel plan=s for travel, lodging, counseling and
mental health care throughout their lives in the total amount of $22,500.00 each.
The damages for mental anguish and personal injuries for the bystander children
including, but not limited to nightmares, loss of appetite, fear and anxiety, headaches,
stomach aches, traumatizing fear of returning to school, have and will continue to be
experienced by the child and children in the school. The Plaintiffs’ victims also have an
increased risk of developing long term mental health issues like post-traumatic stress,
In addition to the child’s damages, the parents and guardians have suffered from
insomnia, mental anguish, anxiety, stress, nervousness, and fear for the safety and
future of their child. These damages can be expected to continue into the future.
SPOLIATION
Plaintiffs require and demand that Defendants FedEx and UPS preserve and
maintain all evidence pertaining to any claim or defense related to the Uvalde school
shooting or other violations made the basis of the Complaint and the alleged damages,
messages, electronic data/information, and any other evidence regarding the shipment
of the Hellfire trigger and the AR-15. Failure to maintain such items will constitute
“spoliation” of evidence, which will necessitate use of the spoliation inference rule- an
done because the evidence was unfavorable to the spoliator’s case. That all evidence,
material, and those items that are related to the transportation of the Hellfire trigger and
the AR-15 to Ramos, which occurred on or before May 24, 2022, be preserved until
further notice or such time that these may be examined and reviewed on behalf of the
Plaintiffs. Further, that the Defendants are notified that should the Defendant’s UPS
and/or Federal Express, or their employees or agents, lose, destroy these documents
to this evidence, that they subject themselves to prosecution for spoliation of evidence,
judicial sanctions, and/or adverse judicial actions or instruction by the Court. Watson v.
Brazos Elec. Power Corp., Inc., 918S.W.2d 639 (Tex. App. – Waco 1999, writ denied);
San Antonio Press, Inc. v. Custom Machinery, 852 S.W. 2d 64 (Tex. App. – San Antonio
1993, no writ); H.E. Butt Grocery Co v. Bruner, 503 S.W.2d 340 (Tex. Civ. App.-Wace
follows:
determined at trial;
D. Personal injuries
F. Lost wages
H. Loss of consortium
K. Loss of inheritance
T. Bystander damages;
U. Lost wages;
V. Prejudgment interest;
W. Post-judgment interest;
X. Exemplary damages;
Y. Loss of enjoyment in life in the past;
. ZZZ. Such other and further relief to which the Plaintiff’s may be entitled.
May , 2024.
Respectfully submitted,
By: /s/Mark A. Di Carlo
Mark A. Di Carlo
722 Elizabeth Street
Corpus Christi, Texas 78404
Telephone: (361) 888-6968
Facsimile: (361) 887-6410
SBN: 05812510
Service Email:
markdicarlo722@gmail.com
SBN: 05812510
FBN: 6839