GILROY, Calif. -- Six victims of the Gilroy Garlic Festival shooting filed a lawsuit alleging festival organizers failed to prevent the shooting.
"All of us are suffering from PTSD, survivor's guilt," said victim, Wendy Towner.
Towner was the first person that was shot. Her partner Francisco Aguilera and her were both bleeding out when she heard the footsteps of the shooter approach them a second time.
"He comes up to our head and asked if 'we are okay?' he's not asking if we are okay, he was asking if we were alive. He is asking if he needs to finish us off," said Towner.
Three-months later and those words are still vivid on their minds.
Their wounds reflect the physical pain they share with more than a dozen other victims that were also wounded. Their lawsuit includes six of those victims so far.
"Francisco and Wendy over $2 million each. Other clients it depends for how long they were hospitalized," said lawyer, Randall H. Scarlett.
The lawsuit seeks unspecified damages above $25,000 against the Gilroy Garlic Festival Association, various security companies and another unnamed defendants.
Alleging negligent security measures allowed the gunman to break into the festival through a fence.
"They want to make sure that promoters of public events like the Gilroy Garlic Festival take reasonable steps to ensure the safety of the attendees of the event. They did not do that here. They failed miserably," said Scarlett.
In a statement the Gilroy Garlic Festival Association responded:
"The lawsuit filed today stemming from a horrific act of domestic terrorism, is not unexpected, and we will respond through the appropriate legal channels. As a non-profit organization, we must remain focused on our mission: fundraising for the entire community of Gilroy and the more than 150 charities that rely on us."
These victims are also planning to present a claim against the city of Gilroy that can lead to a lawsuit.
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