STAFFORD, Texas – Claims of inadequate security are at the center of a newly-filed negligence lawsuit filed by the family of a local man gunned down last week outside the Stafford Walmart.
"Walmart has a duty to supply their customers a safe place to shop," said Rob Kwok, Christian Cardozo's family attorney. "You don't go out for your Christmas shopping and end up shot."
Thursday the attorney representing the family of Cardozo, 35, filed a temporary restraining order against Walmart to make sure all video evidence of the Dec. 10 shooting is saved.
"We want to make sure at this early stage that this evidence is preserved and protected, that it doesn't disappear or doesn't change or doesn't get edited," says Kwok.
Cardozo was shot and killed on Dec. 10. He was waiting in the car while his wife and two children were shopping. The family got into an argument with three other people and Cardozo's 15-year-old son called him for help. Seconds later, a man shot and killed Cardozo in front of his wife, son and 9-year-old daughter.
Police say 19-year-old Antonio De la Cruz pulled the trigger. He turned himself into police Monday.
Today, a judge signed the order requesting Walmart preserve all evidence for this case. But Kwok says he was told the front door camera that would have recorded the shooting wasn't working.
"Out of 176 cameras, the one camera covering the front door happened to not be working on the day of this shooting," said Kwok.
A Walmart representative would not comment on the case.