Man Wounded in Poway Shooting Sues Synagogue for Lack of Security

In 12-page lawsuit, Almog Peretz says that the synagogue did not have proper security despite rise in anti-Semitic attacks nationally and that it did not use a 150,000-dollar grant to upgrade security measures

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San Diego county sheriff's deputy stands in front of the Poway Chabad Synagogue in Poway, California, April 28, 2019.
San Diego county sheriff's deputy stands in front of the Poway Chabad Synagogue in Poway, California, April 28, 2019. Credit: Denis Poroy,AP

A man who was wounded during a shooting at a suburban San Diego synagogue in April is suing the house of worship, alleging that Chabad of Poway did not use federal funds meant to hire security to protect its congregants.

In the 12-page lawsuit filed Friday in Los Angeles County Superior Court, Almog Peretz says that the synagogue did not have proper security despite a rise in anti-Semitic attacks nationally and that it did not use a 150,000-dollar grant to upgrade security measures.

Officials at Chabad of Poway did not immediately return an emailed request seeking comment on the lawsuit.

Prosecutors have charged John Timothy Earnest with one count of murder and three counts of attempted murder in the April 27 attack at Chabad of Poway.

According to court documents, Earnest - 19 at the time - walked into the synagogue on the last day of Passover, the holiest of Jewish holidays, and opened fire. Surveillance video of the lobby of the Chabad shows a man firing an assault-style rifle from just outside the front door, hitting Lori Gilbert-Kaye, 60, as she turned to run. She died at the doors to the sanctuary after being shot twice from the back, according to a San Diego County deputy medical examiner.

Rabbi Yisroel Goldstein was the next person shot. Goldstein was wounded in both hands and lost the index finger on his right hand in the shooting.

San Diego County Deputy District Attorney Leonard Trinh said Earnest then turned toward a room where there were several people, including children, and fired his weapon. Among those in the room were Peretz, 34, who was shot in the leg, and his niece, Noya Dahan, 8, who was struck in her face and a leg by bullet fragments.

When Peretz saw the gunman, he grabbed his niece in one arm, his 4-year-old daughter in the other and ran outside toward a playground filled with children. But when he noticed another of his nieces wasn't with him, he ran back into the building. That's when he noticed the blood on his pants and realized he had been shot.

In filing the lawsuit, Peretz said the synagogue breached its "duty of reasonable care" in protecting congregants.

Chabad of Poway received 150,000 dollars from the government in March because the synagogue "believed that it was at risk of an anti-Semitic attack on its congregants," according to the suit. But during the day of the attack, court documents show the building's doors were unlocked and there were no guards, gates or other security measures in place.

The lawsuit references a 2014 ruling in which the California branch of the Hasidic Jewish group Chabad-Lubavitch misused federal funds meant for security upgrades and was forced to return 844,985 dollars to the government for misappropriating funds the group had been granted to pay for security cameras.

In addition to Chabad of Poway, the suit names Chabad of California and Chabad International as well as Earnest and San Diego Guns, the store that sold the teen the rifle.

Peretz's attorney, Yoni Weinberg, said his client may be perceived negatively for including the synagogue in the lawsuit, but he said it's important to name everyone who may be at fault in the fatal attack.
"If we were only to have John Earnest in the lawsuit, changes would never get made," Weinberg said. "Hopefully this pressure ... influences them to make a change to protect their congregants and it influences other synagogues as well."

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