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thedrifter
04-19-06, 06:57 PM
Family Sues BP After Marine Gunned Down At Gas Station
WJXT News4Jax.com

The family of a murdered marine has placed part of the blame for their loved one's death on the gas station where he was gunned down.

Those responsible for the 2002 shooting death of Lance Cpl. Tim Stamper are locked up for their crime, but the legal battle has just begun.

Stamper was shot and killed while he was on leave in May 2002 at a gas station where Stamper went to get food after a night out. According to police, his shooting was a case of mistaken identity.

Stamper's family claims a near-riot was under way at the gas station that night, but police never knew about it because the gas station's security system failed.

The family's lawyer, Woody Wilner, is trying to find out who's responsible and that's why the family is suing BP and the local owners of the gas station.

The incident began as a fight at a local club and ended up at the nearby BP gas station, but the family said BP is also responsible because they did nothing to protect their customers.

State law requires certain security devices, such as an alarm and a second employee at stores where violent crimes have occurred.

"They did not have a security guard. They did not have a second clerk. They did not have means to notify the police," Wilner said. "Most telling, they did not have a training program, which has to be approved by the secretary of state."

Stamper's brother, Travis Stamper, is also in the Marines. He said it's still rough on his family and him, and that he is constantly reminded of his brother's death.

"When I pass by the area going toward Regency, I try not to look in that direction anymore. It's just painful going by that way," Travis Stamper said.

Lawyers for BP declined to talk on camera, but told Channel 4: "The death is regrettable. Everyone is sorry about the tragedy, but there is no way a security system could have prevented it."

However, Wilner said there was something that could have been done, claiming a working phone line or security system would have allowed the clerk to call police when crowds of teenager arrived and began causing trouble.

The lawsuit is expected to go to trial in September.

Ellie