A family is suing an apartment complex after they say the apartment complex should be held accountable for failing to take basic security measures. This failure led to the death of a father and a five-year-old being shot multiple times.

According to the lawsuit, which was filed by family members, the shooting occurred just outside of their apartment’s front door on January 29, 2021, around 3:30 p.m. as they were returning home after picking up the five-year-old from school. An unknown person shot the father, Elmer Cathey multiple times, then shot the five-year-old three times. The father was also carrying their three-month-old son in the car seat, which was found upside down. The car seat was struck multiple times by bullets, but the baby was not hit at all. The five-year-old also survived but is now undergoing physical therapy and psychological counseling. Multiple neighbors called the police, but the suspect still has not been found.

The lawsuit also alleges that the apartment complex, Haven at Westgreen knew about criminal activity happening at the apartments but failed to take basic action. At the time of the shooting, the lawsuit claims that the vehicle entry gate was “wide open and was not monitored”, and the “walk-in entry gates were propped open”. It also claims that there were no security cameras, or guards monitoring the apartment complex, despite the owner’s knowledge of prior incidents that happened at the complex that should have raised concern. The family is asking for a jury to provide monetary relief of at least $10,000,000 from Haven at Westgreen.

The case can be found in Harris County District Court under Cause No. 2022-68506 and was filed on October 19, 2022.