Family of murdered Tulare man blaming Walmart for not properly storing ammunition

FRESNO, Calif. (KFSN) -- "When's enough is enough, and how many people have to die before they understand that?"

It's an answer Jody Jones plans to fight for as he and his sibling try to get justice for their murdered brother, Rocky Jones.

The family of the murdered Tulare man says Walmart is in part to blame for Jones' murder and plan to take the national retailer to court.

"It's not about money," Jones said. "It's about not having to put a family in the ground."

Authorities say Gustavo Garcia, who's also an illegal immigrant, shot and killed Jonas outside of an AM/PM in Visalia in December of 2018.

They say he was also responsible for at least two other murders, as well as an officer-involved shooting in Tulare County.

Attorneys say the ammunition wasn't properly stored, and Walmart made it easy for the shooter to get what he needed.

"It wasn't guarded, not behind a counter," says Attorney Butch Wagner. "He walked right into Walmart and the ammunition was accessible. It wasn't guarded behind the counter. He took all the ammunition he needed. Left the store and loaded his weapon and began his rampage."

The announcement of the lawsuit comes a day after President Trump invited Jones to the State of the Union address.

The president shared Jones's family story as he touted new legislation that would allow victims of illegal immigrant crime to sue sanctuary cities.

"It has nothing to do about immigrants, it's about illegal immigrants and the criminal aspects of that, like the guy that killed my brother," Jones said. "He was deported twice, two times. "The second time, he did federal time."

The loss is still painful for the family, but they're hoping their fight will send a message, especially to their lost brother.

"We're fighting for you," Jones said. "We don't want your senseless death to be in vain."
Copyright © 2020 KFSN-TV. All Rights Reserved.