[absurd!]

Jury to Decide If Kmart Liable For Selling Gun Used in Suicide Tuesday, September 4, 2001

BY MICHAEL VIGH THE SALT LAKE TRIBUNE

Schizophrenic Ryan Tait Eslinger had scars on his neck and forearms from a suicide attempt and was on new medication that his parents contend made him appear drunk when he walked into Kimball Junction's Kmart to buy a shotgun on a spring day five years ago. A day later, the 19-year-old Park City man used the Remington 870 to end his life. In a federal lawsuit, Eslinger's parents claim their son's death would have been prevented if store employees had followed gun laws. Lawyers for the discount store dispute that, and argue that Eslinger would have killed himself anyway. They point to the previous suicide attempt and a will he had crafted shortly before he committed suicide on May 23, 1996. Starting today, after a four-year legal tussle, a Utah federal jury will consider the case, which has sparked nationwide debate on gun-control issues. But Philip and Sandra Eslinger's Michigan attorney, James McKenna -- a hunter himself -- downplays the argument. "This case is solely about corporate responsibility," McKenna told The Salt Lake Tribune. "This is about the responsible sale of firearms. Law-abiding citizens have the right to own guns. I don't dispute that." Kmart spokeswoman Julie Fracker refused to comment, saying store policy prohibits discussion of ongoing litigation. In 1999, however, the store said in a statement it "recognizes the responsibility which comes with selling firearms of any kind and has developed extensive procedures and training." Eslinger's parents did not return calls seeking comment. But in 1999, they said they wanted to "keep guns out of the hands of people who should not have them, including the mentally ill." They added that "if guns are going to be sold in stores like Kmart, they need to adhere to the letter of the law." It took Eslinger three trips to the Kmart to get the shotgun. Lacking a driver license, Eslinger took a cab to the store on May 22, 1996, and paid $253 in cash for the firearm. He returned the next day, carrying the gun in pieces, and asked security employee Dan Willoughby to assemble it. Eslinger went back again to retrieve the shotgun, went home, shot and killed his dog and then himself. His parents contend the sale to their son was illegal because he used a passport as identification that did not include his current address. They also said he was obviously mentally ill, and therefore the sale was prohibited by federal law banning sales to buyers who have been committed to mental institu- tions. "Identification that doesn't contain proof of residency is not valid," McKenna said. "The medication he was on would have given him the outward appearance of intoxication. He simply did not look like the typical Utahn going into to buy a gun." McKenna added that Willoughby acknowledged he spoke with a store manager and questioned the wisdom of returning the gun to Eslinger. McKenna also says the sale was illegal because it was consummated by 17-year-old Jared Ryan, in violation of federal law prohibiting minors from selling firearms. Ryan was also a classmate of Eslinger's at Park City High and should have known he suffered from mental illness, McKenna argues. "How big is Park City High School?" McKenna says. But court documents filed by Kmart attorneys paint a far different picture. They assert that Eslinger legally used his passport -- with photo identification and place of birth -- to purchase the gun. The law "does not contain any provisions regarding the method to be used for identification of the buyer," the court documents contend. They also maintain that Ryan knew Eslinger lived in Park City and that Eslinger put his correct address on the form. Eslinger wore a long-sleeve shirt that hid the scars, and he acted normally during the sale, Kmart lawyers contend. In fact, they say it was Eslinger -- and not store employees -- who broke the law during the sale, by answering "no" to the question about any past commitments to mental institutions. "As far as I can remember, he was clean-cut and dressed normal for a kid," Ryan said in a pretrial interview with lawyers. Lawyers argue that Eslinger's false statement that he was not mentally ill and his subsequent illegal possession of a firearm were crimes punishable by up to 10 years in federal prison. "There will be no evidence at trial to suggest that any Kmart employee knew or had reason to know that Ryan Eslinger had been committed to a mental institution prior to his purchase of a gun," defense briefs contend. The five-day trial before U.S. District Judge Ted Stewart is scheduled to conclude on Monday.

-- Anonymous, September 04, 2001