A judge in Illinois refused to dismiss a lawsuit filed against the Waffle House shooting suspect’s father on Thursday.
The suit accuses Jeffrey Reinking of negligence and conspiracy for returning several guns to his mentally unstable son, Travis, after they were confiscated by local law enforcement.
Illinois revoked Travis Reinking’s firearms owner identification card after he was arrested crossing a White House security barrier. His father took possession of the weapons but returned them when Travis Reinking said he was moving out of state.
Filings in Nashville circuit court argue Jeffery Reinking can’t be charged with conspiracy because he didn’t know what his son would do with the guns, and that he can’t be charged with negligence in Tennessee because he is from Illinois.
According to the Tazewell Co. Circuit Court Judge, the motion was denied because “the defendant’s argument focuses on ownership of the gun, but the issues of who has the superior right of possession or control is a broader consideration.”
The judge, however, did not rule out that the lawsuit could be dismissed in the future. Only that, “at this early stage of the proceedings, [it] should be allowed to go forward.”