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Dyer files suit in MaKayla shooting death
The mother of an eight year-old White Pine girl, shot to death last year by an 11 year-old neighbor boy, has filed a lawsuit in Jefferson County Circuit Court. In the action filed by Latasha Dyer on Monday, she demands the damages from Jason and Mary Ann Tiller. Makayla Dyer was outside her home, with other children playing with her new puppy the evening of October 3, 2015 when she was shot with a shotgun. Witnesses said the neighbor, Benjamin Tiller, asked to play with the new puppy, and when Makayla said no, she was shot as Tiller stood inside the window of his mobile home. Attorney Richard Talley who filed the action argues that the defendants who currently reside in Virginia, had a duty to supervise their son, "using reasonable care to prevent their minor child from harming others with their firearms." Talley says the parents were negligent in allowing their son, access to a firearm at his age. The litigation asks for $5 million in compensatory damages for "the wrongful death of Makayla". It also demands $5 million in punitive damages for "their willful, wanton, grossly negligent conduct allowing Benjamin Tiller, an (11) year-old, access to a loaded firearm without supervision." The boy was convicted of First Degree Murder in the shooting and has been ordered to remain in custody till he is 19. However the boy's father has not been charged. Ms. Dyer, went to Nashville earlier this year to call on lawmakers to toughen gun laws with regard to their access by children. She testified before the Senate Judiciary Committee during discussions of MaKayla's Law, which would have made it a felony to leave a gun accessible to a child, if the action results in the death of another person. At the time Ms. Dyer said, "Our family is devastated by this avoidable tragedy. If the weapon had simply been locked away and left unloaded, MaKayla would still be here. We are so pleased that today state lawmakers are working to keep guns out of the hands of children. Please help me make sure MaKayla's horrible fate isn't shared by one more child." But the legislation was defeated in the General Assembly.
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