A Robb Elementary School worker has filed a court motion to investigate a firearms manufacturer after it was discovered that one of its AR-15 semi-automatic rifles was used by the teenage gunman who killed 19 children and two teachers, reports say .
According to NBC filings, the petition for information about Georgia-based Daniel Defense was filed Thursday.
It was filed on behalf of Emilia Marin, a staff member at the Uvalde, Texas school who was bringing food to the school for a graduation party on the day of the shooting when she saw a car crash, her attorney Don Flanary told the station.
He said Ms Marin rushed into the building to retrieve her mobile phone to alert emergency services to the crash. But while on the phone with a 911 attendant, she went back outside, where she saw 18-year-old high school dropout Salvador Ramos jump a fence and head straight for school with a gun to his chest, Mr Flanary added.
The worker had pushed open a door of the building with a rock as she went outside, and as she ran inside to hide from the teenage gunman, she kicked the door shut.
Although Ms Marin was not physically injured in the shooting, Mr Flanary told NBC: “She’s not doing well mentally. She’s a wreck. She has been to her doctor and is still being treated. It’s going to be a long road, as it is for so many other people.”
Last week, Colonel Steve McCraw, director of the Texas Department of Public Safety, said at a news conference that a door to the school was ajar by the worker, who ran outside when she heard Ramos crash into his truck.
Despite claims to the contrary by law enforcement, Mr Flanary said earlier this week that Ms Marin initially held the door open to get food from a car but closed it after noticing the heavily armed gunman was heading towards the school.
Ms Marin’s filing has been touted as the first lawsuit in court related to the attack.
NBC reports that the filing, while not officially a lawsuit, can be classified as a pre-statement motion to determine whether Daniel Defense can be sued for the way it markets its guns.
Ms Marin is also asking the courts to open an investigation into the company’s marketing of the gun used in the massacre, which authorities claimed resembled those found in the hotel room of a gunman who committed a mass shooting in Las in 2017 Vegas.
It has since emerged that just eight days before the murders, the company released an advert that used an image of a young child to promote a weapon similar to that used by the Uvalde gunman.
“Everyone knows school shootings happen. It’s an epidemic. So we want to know what they’re doing to change their marketing practices?” Mr Flanary told NBC.
Turning his attention to the Robb Elementary shooter, he added: “We’re trying to investigate, did they market this person? Did they do something that made him buy the gun when he just shouldn’t have? And that really worries us.”
A statement on Daniel Defense’s website said: “We are deeply saddened by the tragic events in Texas this week. Our thoughts and prayers go out to the families and community who have been devastated by this evil act.
“As reported in the governor [Greg] Abbott’s press conference, we believe the gun used in the attack was manufactured by Daniel Defense. We will work with all federal, state and local law enforcement agencies in their investigation.
“We will keep the families of the victims and the entire Uvalde community in our thoughts and prayers.”