Estate of Dayton teen fatally shot in garage files wrongful death suit

Case: Defendant should have called the police instead of shooting.

A man accused of killing two teens in a detached garage at the rear of his property last year in Dayton now faces a wrongful death lawsuit.

The estate of Javier Harrison sued Victor Santana and others in Montgomery County Common Pleas Court.

The lawsuit filed by attorney Michael Wright last month says that Javier’s mother, father and siblings have suffered economic damages and loss, mental anguish, emotional pain and suffering, loss of comfort and other losses since his death.

“As a direct and proximate result of the actions of Victor Santana, the Estate of Javier Harrison has incurred funeral expenses,” the lawsuit says. “Plaintiff brings a survival action ... for the aforementioned expenses, conscious pain and suffering and pre-death fright suffered by Javier Harrison.”

The lawsuit demands more than $25,000 from Santana.

Santana is accused of killing 17-year-old Dayton residents Devin Henderson and Javier Harrison and firing at a third teenager who survived on Aug. 28.

He is currently charged in Montgomery County Common Pleas Court with four counts of murder, five counts of felonious assault and one count of attempt to commit murder.

Santana is due back in court in the criminal case in September.

The lawsuit says Santana should have called law enforcement if he had a problem instead of shooting the teenagers.

“Defendant Victor Santana had a duty to retreat and contact law enforcement when he found Javier Harrison allegedly trespassing in the detached garage located at 848 Conners Street,” the lawsuit says. “Defendant Victor Santana instead entered the detached garage and, despite the fact that there was no danger or threat to his person, his residence, or any other person occupying the residence, shot Javier Harrison three times.”

A court date on the lawsuit has not been set.