WORCESTER, Mass. (WWLP) – A wrongful death lawsuit has been filed in Worcester Superior Court against Cabela’s after the business allegedly sold a 20-year-old a revolver without an FID or LTC card.
22News obtained the court documents, claiming that on January 21, 2020, Cabela’s location in Hudson sold an 1851 Navy Pietta 44 caliber black powder revolver, ammunition, powder, and accessories to 20-year-old Justin Thomas Fillios. The lawsuit claims this was in violation of the business’ policy, which requires a purchaser to be at least 21 years old to buy ammunition, as well as violated Massachusetts law, which prohibits the sale of a firearm to anyone without an FID or LTC card.
According to the documents, Justin only presented a Massachusetts identification card which listed his birthdate, showing he was only 20-years-old. Justin was not asked for an FID or LTC during the purchase.
On February 1, 2020, Justin went to a friend’s house in Worcester that he frequently visited. While watching a TV show with his friend, he was attempting to unjam or dislodge ammunition from the revolver. His friend got up to go to the bathroom when he heard the gun discharge. Justin had allegedly shot himself in the head. His friend told police it was an accidental shooting.
Justin was taken to the hospital and was in and out of consciousness and complaining that his head hurt. Doctors at UMass Memorial Hospital determined he had suffered a single gunshot wound which entered underneath his chin and traveled through his palate. Justin died two days later in the hospital.
Court documents say the general manager of the Cabela’s store allegedly told police that the cashier did make an error that day by not asking Justin to present an appropriate FID or LTC to purchase percussion caps or black powder.
The family filed the civil lawsuit against Cabela’s on April 19 and are seeking more than $1 million.