Bystander injured in Des Moines Hy-Vee shooting could file lawsuit

DES MOINES, Iowa (KCCI) - Lawyers say the innocent bystander who was hurt in the Des Moines Hy-Vee shooting could file a lawsuit in this case.

KCCI spoke to lawyers from a West Des Moines practice about Sunday’s shooting.

Police say Kapri Francis violently attacked a woman “unprovoked,” blindsiding her, beating her up, and putting her in a headlock.

That’s when police say the victim, another woman, shot Francis in the leg. Francis is charged with assault.

A man nearby was also hurt, either by the bullet or by debris.

West Des Moines lawyers Bill Kutmus and Trever Hook of Kutmus, Pennington and Hook Law Firm say, despite the shooter’s given immunity through the stand your ground law, the man could file a civil suit against both women.

“Once the bullet traveled through the aggressor, hit the other person, there is no such immunity,” Hook said. “You gotta be careful if you’re using deadly force, especially a gun, something that can travel in a crowded area, that may not be able to get past a summary judgement in a civil case and be allowed to go to a jury.”

The stand your ground law allows people to use deadly force to defend themselves or others if they perceive an imminent threat.

The lawyers say the man could sue for medical expenses, pain and suffering, and potentially permanent impairment.

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