The Bodega Owner needs to face legal consequences for refusing to help Junior
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Lesandro Feliz “Junior” Guzman was being chased by 4 cars and what amounted to 15+ gang members.
Fearing for his life, he ran into a Bodega which he thought was the right thing to do, after all the Bodega owner saw him grow up into the sweet, goofy kid of 15 years and the owner knew his mom and his siblings.
Many of us tell our children to seek an adult they trust should they ever be in danger. Junior saw the Bodega owner as a safety haven in the community and rushed in.
Junior climbed over the counter. At first the owner did not allow him not knowing what was going on but per the owner’s own admission once he recognized Junior he “allowed” him behind the counter. This gave Junior the false impression that all would work out and he would be protected, that the cops were going to be called and that this nightmare was going to end.
Instead, the nightmare was just beginning.
The owner said about Junior,” He was very scared!
I was trying to hide him.”
As it stands the law states that because Modesto Cruz( The Bodega owner) helped Junior by allowing him to hide behind the counter he was now responsible to continue helping which in this case was to insure Junior’s safety.
But, as many of us all witnessed, as soon as the gang members entered the store, the owner pointed to Junior’s hiding place to the members of the gang. Per Kevin Alvarez, the monster, who drug junior out, the owner told the gang members to get this terrified kid out of the store and “take it outside.”
The law states that:
If you injure someone or place them in a position of danger, you can be held liable if you fail to help them out or when you begin undertaking a rescue.
Per the Bodega’s own words, he had hidden Junior behind the counter. But the owner delivered Junior to his attackers, ignoring the boy's pleas and asked the attacker to take Junior outside which placed Junior in a position of danger. because the owner had begun a rescue undertaking it was his duty to continue to help him instead the owner placed Junior in a position of danger when he told the attackers were Junior was hiding and told them to take the boy outside.
As Junior was being dragged by his hoodie, the owner’s employees walked behind ensuring Junior and the gang members were outside. One employee looked out to see what is going on- but did nothing.
Immediately after the brutal attack, Junior staggered back into the Bodega begging the owner and the employees for help, to call 911 but they threw him back out telling him to run to the hospital.
At this point, the owner placed Junior in the second position of danger by instructing him to run to the hospital and refusing to call 911 yet again. That deadly advice was given because the owner did not want to be bothered.
We all know that 911 would have instructed him on what to do with a kid gushing blood from their neck.
So in his negligence he placed Junior for a second time in a position of danger.
Junior running to the hospital was the worst advice to give someone who suffers such an injury- It’s as egregious as telling a person having a heart attack to run to the hospital since the police is taking too long. The ultimatum the owner gave to junior put that him in a position of danger for a third time.
The clock was ticking and Junior wanted to live!
We all saw that and
as Junior ran for his life…
The Bodega owner rang up the last $ale for the evening
The law clearly states that once the Bodega owner allowed Junior behind the counter to “rescue” him it was his duty to continue as it would be unreasonable to stop. The owner’s refusal to help was unreasonable.
The law states that:
When you begin undertaking a rescue. Though you have no duty to rescue another person, if you start doing so anyway you may be obligated to continue if it would be unreasonable to stop.
When Junior ran back into the Bodega injured it was no longer unreasonable for Junior to expect continued assistance such as the bodega owner calling 911 a third time - The gang members were gone, and present danger to the owner and his big and buffed employees were gone. And clearly now that Junior was injured he needed to be stabilized-
Did the bodega owner call 911 when he saw that Junior was bleeding from a huge gash on his neck? There is no video evidence that shows he did. Had he called they would instructed the owner not to let Junior move and to keep him calm until ER came, meanwhile the operator would have stayed on the phone with the owner to gauge Junior's vitals. .
In addition, the law states that;
The final situation where you could be held negligent for not calling is if you have a special relationship to the person in need of rescue. The relationship between two parties can create a duty to rescue, such as employer-employee or school employee-student.
The special relationship the owner had with Junior and his family was that they had a community relationship and patronage of his store for over a decade-
The owner knew Junior and refused to provide urgent assistance though he had provided initial assistance and allowed Junior to hide behind his counter until he gave him up to those assassins exposing Junior to their violent attack. The owner broke all three stipulations in these laws. It is reported he called twice but no ambulances arrived at his store only police cars.
The law states:
The legal theory of negligence states that a person who owes a duty of care to someone else can be held liable for the injuries caused by the violation of that duty …
Please sign this petition to have the Bodega Owner, Modesto Cruz face legal consequences for refusing to do all he could do to protect, OR call 911 to follow instructions on how to stabilize and quite possibly save Junior’s life. Many have said, that had he been stabilized his life could have been saved.
We will all be haunted by this child’s unmerciful end and how every adult failed him.
If one person had done something it may have saved Junior’s life.
We will never know-
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