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‘My heart is not mended’: Club Q shooting survivors seek accountability through new lawsuits

DENVER, Colo. (KRDO) - Survivors and family members gathered for a press conference in Denver on Tuesday. Two things bound them together: the events of Nov. 19, 2022, and lawsuits they hope will bring them solace.

The press conference held in a hotel in downtown Denver, formally announced two civil lawsuits that are demanding accountability from Club Q ownership and El Paso County government leaders. Tuesday marked two years since the tragic nightclub shooting claimed five lives and injured dozens more.

The lawsuits, which are virtually identical in their claims and language, name El Paso County Commissioners, and former El Paso County Sheriff Bill Elder, as well as the ownership of Club Q. Documents allege all parties fell short in their efforts to prevent the mass shooting from happening.

On Tuesday morning, attorneys representing three loved ones of deceased victims as well as nine survivors spoke to members of the media, explaining the different angles of the lawsuits.

They state that in 2019, El Paso County Commissioners took a stance against Colorado's Red Flag Laws by passing a resolution that declared them a preservation county for the 2nd Amendment. The lawsuit claims leaders refused to adhere to the new state law, which was intended to be used against potentially dangerous individuals.

"Government actors failed to act on clear, credible warnings about the shooter's violent intentions, choosing to prioritize political opposition to the red flag law over public safety." explained lead attorney Patrick Huber.

The lawsuit also alleges that Bill Elder, the El Paso County Sheriff at the time of the shooting, was also against using Colorado's Red Flag Laws for the mass shooter, Anderson Aldrich, who had previously been investigated by law enforcement.

In 2021, it was said that Aldrich, who goes by they/them pronouns, allegedly threatened their grandparents, while making explosives in the basement of the home, and expressed a desire to, "be the next mass killer."

It was these behaviors that attorney's believe was more than enough evidence for an Extreme Risk Protection Order, through the state's Red Flag law, to bar Aldrich from being able to possess firearms.

However that case was ultimately not prosecuted, due Aldrich's grandparents not agreeing to testify in the case, which included claims of kidnapping and keeping the elderly couple in their home against their will, out of fear of Aldrich.

The other major claim of the lawsuit, turns an eye toward the owner of Club Q, Matthew Hayes, as well as two co-owners. It alleges that in recent years, despite other mass shootings at LGBTQ+ nightclubs such as Pulse in Orlanda, Fla., Club Q decreased its security personnel in the name of profits, from five people to just one person, who also served as a bar-back. The lawsuit also says the club removed an armed guard from their staff.

"And not only was that [one] employee woefully untrained in security measures and emergency preparedness, so were the rest of the employees at Club Q that night. The building itself lacked basic security measures, including proper exit doors." explained Sarah Raiche, another attorney representing the victims in the civil suit.

It's these actions that attorneys claim created a perfect storm for the shooting to happen.

Survivors, giving emotional statements on Tuesday, explained the new lives they have had to live since the tragedy.

"I can't drive and I can't cook by myself. I can't even take my dogs for a walk. I struggle with doing things that I once found enjoyable," said Ashtin Gamblin, who was shot nine times the night of the shooting.

Adriana Vance, the mother of Raymond Green who was shot and killed at Club Q, stated, "After that day, I would wake up in a state of terror, and I still do. Just not as much. I still feel anger and my heart is not mended."

The El Paso County Commissioners said they do not comment on pending litigation, and the El Paso County Sheriff's Office gave no comment.

Matthew Hayes, the owner of Club Q -- responded to KRDO13 over text on Tuesday afternoon stating:

"The tragic events of Club Q remain a devastating chapter in our lives and in the lives of our community. The pain of this tragedy is something we all carry with us every single day.
The accusations against Club Q and myself are false and completely inaccurate and will be rigorously defended.
The blame for this tragedy does not lie with those who were impacted but with Anderson Aldrich, the shooter and a system that enables easy access to weapons of war.
Out of respect for the legal process and all those affected, we will address these matters in the appropriate venue.
Our thoughts remain with the victims, their families, and everyone impacted by this senseless act of violence."

Matthew Hayes, the owner of Club Q

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Tyler Cunnington

Tyler is a reporter for KRDO. Learn more about him here.

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