St. Catharines man sues over hospital shooting
Canadian alleges N.Y. facility has lax security that allowed shooter in
A Canadian seriously injured in a violent shooting in June 2017 has launched a civil lawsuit against a New York hospital where he was completing his medical residency, alleging lax security measures enabled the attacker on a “deranged mission” to enter the facility.
The suit against Bronx-Lebanon Hospital Center, filed at a Manhattan federal court by Justin Timperio, 29, who was working as a first-year medical resident, alleges the hospital had an “ineffective” security system. The suit is also against Upstate Guns and Ammo, LLC, the company that sold the AR-15 rifle to Dr. Henry Bello a few days before the mass shooting.
None of the allegations have been proven in court.
“As a general policy, our hospital does not comment on any litigation,” said Bronx-Lebanon Hospital spokesperson Errol Schneer.
Timperio, originally from St. Catharines, and a graduate of Brock University, was one of six people wounded when Bello went on a shooting rampage, killing a woman before killing himself.
The firearm used in the shooting is the type that has been used in a rash of mass shootings across the U.S., including at the Orlando nightclub and, more recently, at the Marjory Stoneman Douglas High School in Parkland, Fla., the suit states. The Orlando shooting in June 2016 killed 49 people and the Parkland shooting on Feb. 14 killed 17.
The suit questions whether the gun shop ensured Bello was issued a rifle permit required by the New York Police Department.
“The gun dealer had an obligation to check with NYPD,” said Arnold Kriss, Timperio’s lawyer. “We believe that this is something, especially with this modified assault weapon, the responsibility should be on the firearms dealer, and it’ll be up to the court to make that decision.”
Craig Serafini, identified as the owner of Upstate Guns and Ammo, said in a news report that “every one of (our) employees follows all state and federal compliance checks. No firearm has ever left our building without going through those checks,” according to the suit.
Serafini declined to comment to the Star through his lawyer, Michael Murphy.
Contained in the allegations outlined in the suit is a harrowing account of how the shooting unfolded.
Bello, who was previously employed by the hospital, bypassed security through the use of an invalid identification badge, the suit says, adding the hospital’s human resources department failed to reclaim the badge.
Timperio was writing medical chart notes in the 16th-floor work station when a medical student said, “code silver,” meaning a person has a gun and is in the building.
There was “mass pandemonium,” where people were yelling about what was going on. As Timperio and other medical residents hid in an enclosed station, the door swung open.
Bello, donning a white frock and a hooded sweatshirt covering his face, walked in brandishing an AR-15 rifle. The former doctor, who had resigned from the hospital in 2015 amid sexual harassment allegations, sent out a barrage of shots into the work station.
“I saw flashes of light coming from the muzzle of the gun, smoke, large pops, and I had no idea what was going on,” Timperio said at a news conference in New York on Tuesday, adding that he was about four feet away from Bello when he was shot.
Bello proceeded to the nursing station, according to Timperio, stating there was a lot of blood and papers were flying around. Timperio saw one of his female colleagues hiding under a desk with a gunshot wound to the neck.
“I grabbed her by the hand and said, ‘We have to go, now.’”
As they attempted to flee, Timperio encountered Bello again. Bello had an orange juice container filled with gasoline, which he used to set the nursing station on fire, the suit says, sending “a curtain of flames ... to the ceiling.”
When Bello saw them, he pointed the rifle and said, “Come back here. I am going to find and get you. Don’t try to leave,” according to the suit.
The pair made their way to a stairwell — Bello followed, shouting and cursing after them, Timperio said.
Travelling down from the 16th floor to the 11th, they met two security guards, Timperio said, who helped them find medical attention.
Timperio said he recalled asking the officer to call his mother and father to tell them he loved them, saying he knew he was going to die.
He was transferred to Mt. Sinai Hospital the following day.
Timperio is accusing Bronx-Lebanon Hospital of negligence causing emotional distress after no one from the hospital administration contacted his family when he was clinging to life. No one from the hospital’s administration has reached out to the family to explain what happened or to offer any support, with the exception of the surgeon who operated on him, the suit says.
According to the lawsuit, Timperio’s injuries will require ongoing care and have impacted his medical career.