By: Amy Robinson | WCTV Eyewitness News
September 21, 2017
Courtesy: Tallahassee Police Department
TALLAHASSEE, Fla. (WCTV) -- A new wrongful death lawsuit has been filed, accusing a Tallahassee restaurant of negligence in a 2015 shooting.
The parents of Ira Brown are suing El Patron Mexican Grill & Cantina and Heavy Hitters Event Services.
Brown, 24, was shot and killed while attending a FAMU graduation party at El Patron on December 9, 2015. Isaiah Robinson, 26, allegedly opened fire inside the restaurant after an altercation broke out.
Brown was not involved in the fight, but was hit in the neck by a stray bullet, the lawsuit says.
Brown's parents are claiming El Patron did not maintain a safe environment. They also say Heavy Hitters did not do enough to prevent the shooting.
The lawsuit alleges that not only was the restaurant overcrowded, but that there were no pat downs or weapons checks conducted on patrons upon entry to the restaurant's "college nights" event.
32-year-old Dimitre Penny was also killed during the incident by police responding to the scene. A grand jury ruled that officers were justified in their use of force.
In March, Isaiah Robinson's murder trial ended with a deadlocked jury. His retrial is set for October.