SANTA CLARA - A woman is suing a festival holder and security companies for the death of her son.
Tamara Williams filed a lawsuit on Jan. 21 in the Santa Clara County Superior Court against Gilroy Garlic Festival Association, Inc., First Alarm Security and Patrol, Inc., Century Arms, Inc. and Does 1-25 for wrongful death.
According to the lawsuit, Williams' son, Trevor Irby, was shot and killed during the 2019 Gilroy Garlic Festival when shooter Santino William Legan entered with his AK-47 assault rifle with a 75-round drum-style magazine and at least four high-capacity 40-round magazines, completely undetected, and opened fire.
Williams claims that the event was advertised to be "a safe, family-friendly atmosphere for all Festival patrons and volunteers" and that "weapons of any kind" would be prohibited. Williams claims that because the perimeter only had an inadequate, flimsy, low-height and unsupported chain link fence with a back gate held shut with a zip tie that was simple to breach, the shooter entered the event.
Williams was caused to suffer the deprivation of love, companionship, comfort, care, assistance, protection, affection, society, advice, counsel, moral support, and have the loss of future services of Irby.
Williams seeks general, special and economic damages, interest, statutorily damages, punitive damages, cost of suit and an injunction requiring the Defendant to abate the public nuisance. Williams is represented by Randall H. Scarlett.
Irby was one of three killed in the mass shooting, along with 17 injured. Legan entered the festival using bolt cutters.
Santa Clara County Superior Court case number 22-CV-393671