Erik Ayala Case Study
PETITION FOR REVIEW
I. INTRODUCTION On Janury 24, 2009, plaintiff’s decedent, Martha Paz de Noboa Delgado (“Ms. Paz de Noboa”) was fatally shot by Erik Ayala. Erik Ayala was a mentally disturbed diagnosed schizophrenic who exhibited obvious signs of mental illness. Erik Ayala purchased the gun that he used to shoot Ms. Paz de Noboa from defendant respondent Bryan Kellim dba 99 Pawn & Guns (“99 Pawn & Guns”). The sale of the handgun to Erik Ayala by 99 Pawn & Guns was rife with violations of state and federal gun law. Evidence submitted below shows that 99 Pawn & Guns transferred the gun to Erik Ayala despite being told by state police to delay the sale. Moreover, David Kartchner, the 99 Pawn & Guns employee who sold Erik Ayala the gun …show more content…
Yet such checks weed out surprisingly few people with mental illnesses. The question posed by the sale of the gun to both Erik Ayala and to Brenda Nyhoff Dunn is what duty, if any, does a gun seller have to not sell a gun to someone that poses a danger to themselves or others. As a 2013 editorial in the Oregonian noted that “It came as no surprise… that an employee at Keith’s Sporting Goods… stood, however briefly, between a distraught, potential customer, and disaster.” “[Keith’s] upholds the highest standards, of professionalism and safety, in their facility. Any member of his staff might take measures to contravene an otherwise legal firearms sale.” “A discerning eye for customer safety; is not required, but often recommended, in in some ‘point of sale’ transactions. The discovering eye, of Maria Ward, KSG, stands as a ‘cautionary tale’, in this one.” The letter to the editor demonstrates the generally held belief, which apparently is shared by the Oregon State Police as well, that a gun seller has no duty to evaluate whether they are providing the firearm to someone that may be likely to harm themselves or
I. INTRODUCTION On Janury 24, 2009, plaintiff’s decedent, Martha Paz de Noboa Delgado (“Ms. Paz de Noboa”) was fatally shot by Erik Ayala. Erik Ayala was a mentally disturbed diagnosed schizophrenic who exhibited obvious signs of mental illness. Erik Ayala purchased the gun that he used to shoot Ms. Paz de Noboa from defendant respondent Bryan Kellim dba 99 Pawn & Guns (“99 Pawn & Guns”). The sale of the handgun to Erik Ayala by 99 Pawn & Guns was rife with violations of state and federal gun law. Evidence submitted below shows that 99 Pawn & Guns transferred the gun to Erik Ayala despite being told by state police to delay the sale. Moreover, David Kartchner, the 99 Pawn & Guns employee who sold Erik Ayala the gun …show more content…
Yet such checks weed out surprisingly few people with mental illnesses. The question posed by the sale of the gun to both Erik Ayala and to Brenda Nyhoff Dunn is what duty, if any, does a gun seller have to not sell a gun to someone that poses a danger to themselves or others. As a 2013 editorial in the Oregonian noted that “It came as no surprise… that an employee at Keith’s Sporting Goods… stood, however briefly, between a distraught, potential customer, and disaster.” “[Keith’s] upholds the highest standards, of professionalism and safety, in their facility. Any member of his staff might take measures to contravene an otherwise legal firearms sale.” “A discerning eye for customer safety; is not required, but often recommended, in in some ‘point of sale’ transactions. The discovering eye, of Maria Ward, KSG, stands as a ‘cautionary tale’, in this one.” The letter to the editor demonstrates the generally held belief, which apparently is shared by the Oregon State Police as well, that a gun seller has no duty to evaluate whether they are providing the firearm to someone that may be likely to harm themselves or