The father of a man shot and killed last year in the crowded parking lot of the Oakley Target store is suing the retailer, citing that a lack of store security contributed to his son's death.
Tracy Phillips of Huntington, West Virginia, originally filed the wrongful death suit against the Target Corporation in Hamilton County Common Pleas Court in October. It was removed to federal court in Cincinnati on Wednesday.
In court documents, Phillips said Target security failed to intervene in March 2022 when his son, 24-year-old Alias Phillips, was threatened with a gun inside the store, before he was chased and gunned down in the parking lot.
"Target was partially at fault for the death of Alias Phillips, for the lack of store security and monitoring, which could have prevented the outcome if security would have intervened," the lawsuit reads.
Tracy Phillips is seeking $50 million in compensatory damages, as well as an apology from Target.
Target has asked the court to dismiss the suit because Tracy Phillips made no claims that he is the administrator or executor of his son's estate, and therefore lacks standing to sue for wrongful death.
Anthony McIntosh, 23, was convicted in connection with Alias Phillips' death and sentenced in August to a prison term of 21 to 26½ years – a punishment that McIntosh’s attorneys and prosecutors had agreed upon as part of his plea to involuntary manslaughter charges. He was also convicted in the death of 42-year-old Diantues Kemper, who was killed outside a gas station in October 2021.
After Alias Phillips walked out of the Target with his sister and at least one other person, McIntosh chased them down, firing multiple times. Prosecutors have said Alias Phillips returned fire with a handgun he legally possessed. He was shot in the head.
This article originally appeared on Cincinnati Enquirer: Oakley Target shooting: Dad of victim sues retailer over son's death