Lawsuit to be filed in triple murder-suicide case

Published: Apr. 24, 2023 at 5:57 PM MST
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TUCSON, Ariz. (13 News) - A lawsuit is set to be filed in last year’s triple-murder suicide that occurred when a tenant facing eviction shot and killed a local constable, an apartment manager, and a neighbor, before turning the gun on himself.

Now the family of apartment manager Angela Fox is taking legal action.

The family of Fox filed a $50 million claim against Pima County, the estate of Constable Deborah Martinez-Garibay, Attorney General Kris Mayes, the Pima County Attorney’s Office, and several others.

This notice of claim was sent in February and those named had 60 days to respond. The deadline has been missed.

On August 25, three members of the Tucson community were killed in a shooting at the Lind Common Apartments in Midtown. The family of the apartment property manager, Angela Fox, is seeking justice. She is survived by her parents, husband, and two daughters who are all listed in the Notice of Claim.

The claim looks into Constable Martinez-Garibay’s background, stating that she had more than 20 contacts with the police. This included bar fights, property damage, fights with coworkers and other incidents.

The claim later states that the constable was under investigation for felony fraud by the County, alleging that she falsified signatures on her nomination petition to run for constable.

The Claim says the county was negligent for hiring her without training or proper supervision.

When it comes to the day of the shooting, the Claim shows that the constable knew the tenant she was coming to evict had made a series of threats to residents and apartment staff, but despite that, she did not contact the Tucson police for backup.

The claim goes on to state that the autopsy and toxicology report showed that Martinez-Garibay had drugs including meth and cocaine in her system as well as alcohol.

The claim ends by stating that the county failed to put the right person in the position of Constable and must be held accountable.

None of the entities listed in the Claim responded before the 60-day deadline. A lawsuit is now expected to be filed this week.

In a statement about the missed deadline, the attorney for the Fox family, Carlo Mercaldo, said quote, “While we were disappointed by their failure to respond that is their right and we respect their decision. We will now proceed with a lawsuit and continue our pursuit of justice on behalf of our clients who have lost their beloved mother, wife, and daughter under horrific circumstances.”

13 News also reached out to the attorney for the family of Martinez-Garibay. They chose not to make a statement.

The Attorney General’s Office and the Pima County Attorney’s Office also declined to comment.