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Spouse and son of car dealership employee who was fatally shot file lawsuit

The shooting happened Nov. 6 at the dealership located near the intersection of Bullick Hollow Road and FM 620.

AUSTIN, Texas — The spouse and son of a car dealership employee have filed a lawsuit after he was shot dead on the dealership's property.

Robin Lee and Jacob Lee filed a lawsuit Dec. 1 against TLC Automotive Group, a manager at the dealership and the two men who are accused of attempting to steal a car from the dealership. 

Alberto Torres and Modesto Hernandez are the two accused. During the attempted robbery, a gunfight ensued between the manager of the dealership and Torres. An employee, Jerry Paul Lee, was shot during the gunfight and died.

The shooting happened Nov. 6 at the dealership located near the intersection of Bullick Hollow Road and FM 620.

RELATED: Two arrested, charged with capital murder for fatal shooting at northwest Austin car dealership

The lawsuit stated that, before the manager escalated the situation and started firing his gun, Torres and Hernandez did not threaten with a weapon. The lawsuit stated that after starting the gunfight, the manager "retreated to the safety of the TLC office while leaving Lee to defend himself against Hernandez and Torres." The lawsuit alleged that the manager was negligent and failed to use "ordinary care by escalating the situation."

The lawsuit claims that Torres then chased Lee through the parking lot, and when Lee fell, Torres shot him point-blank. Torres and Hernandez have been arrested and charged with capital murder. 

Credit: Austin Police Department
Courtesy: Austin Police Department

According to the lawsuit, the dealership was a non-subscriber to worker's compensation insurance at the time of the shooting. Lee's family also asserted that the dealership set policies that allowed employees to confront suspects. 

"TLC knew and approved of employees carrying weapons at work, but it failed to provide necessary training, rules, regulations, equipment and instrumentalities to said employees," the lawsuit stated. "TLC failed to implement “de-escalation” policies that are the industry standard."

Lee's spouse and son are suing for damages including mental anguish and funeral and burial expenses. They are suing for at least $250,000.

As of Dec. 4, a GoFundMe for Lee's family had raised more than $22,000.

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