BEAUMONT — A battle to designate responsible third parties in a civil lawsuit involving the shooting death of Kera Teel and her unborn daughter is unfolding.
Last July, Andrew Teel, representative of the estate of Kera Teel, filed suit in Jefferson County District Court against ST Partners III (Sienna Apartment Homes), MGroup Holdings and Capstone Real Estate Services.
On June 26, 2017, Kera Teel died from a gunshot wound sustained when she was robbed and shot in the parking lot of Sienna Apartment Homes in Beaumont. Teel was pregnant at the time with Kyndal Teel, who died shortly after birth.
The Ferguson Law Firm intervened in late November on behalf of Kera Teel’s mother, Mindy Morris.
Court records show both sets of plaintiffs recently filed objections to the defendants’ first amended motion for leave to designate responsible third parties.
The defendants seek to designate Corey Spencer, Johnny Phifer and Dustin Bernard as responsible parties.
Andrew Teel filed his objection on Aug. 31, asking the court to designate only Spencer, the alleged shooter.
“Defendants’ motion acknowledges that fourteen-year old Corey Spencer fired the bullets that killed Kera Teel and her unborn infant, Kyndal,” the objection states. “No live pleadings specifically allege that Phifer or Bernard discharged a weapon or personally injured any persons at the scene. And defendants’ amended motion alleges no such facts.”
The defendants assert Phifer and Bernard contributed to the incident, alleging Phifer was present and Bernard drove the vehicle that transported Spencer to the apartments and also furnished Spencer with the firearm.
“Defendants’ claims against Phifer and Bernard are solely vicarious or derivative in nature,” the objection states. “Naturally, defendants hope to reduce their own culpability by inclusion of Phifer and Bernard…”
Morris, Kera Teel’s mother, filed her objection on Sept. 4, also asserting Phifer and Bernard never fired a bullet.
“Defendant is correct that Teel and Morris want to hold Spencer and Phifer criminally responsible for the death of Kera Teel but that has nothing to do with ‘civil conspiracy’ or civil liability,” the objection states.
“Morris objects to the unsupported evidence that Bernard ‘intentionally and knowingly gave handguns’ to spencer and Phifer. Nothing in the record supports these strong accusations.”
The original petition alleges the defendants failed to repair a collapsed security fence and the dysfunctional security gate and failed to replace defective security lights.
The suit says despite repeated criminal activity, there was not a single security camera. The failures permitted an armed assailant to enter the Sienna Apartment grounds.
Andrew Teel seeks monetary relief of more than $1 million and all further relief the court deems appropriate.
He is represented by attorneys Jefferson W. Fisher and David J. Fisher of Orgain Bell & Tucker LLP in Beaumont.
Morris is represented by Paul “Chip” Ferguson and Cody Dishon.
Jefferson County District Court case number B-200332