Wrongful death lawsuit filed against security and Cricket Club in shooting death
BATTLE CREEK, Mich. Nov 26, 2022— The family of a Battle Creek man shot and killed by a bar security guard has filed a wrongful death lawsuit against the venue owners and the security guard, according to a federal lawsuit filed by the family of Xavier West.
West, 29, was shot twice in the chest during a fight inside the Cricket Club in downtown Battle Creek around midnight on Thanksgiving Nov. 25, 2021. He died from his injuries at the hospital.
West was shot twice in the chest from approximately six to eight feet away, according to the lawsuit.
West’s aunt Keenya Hodges is the plaintiff in the wrongful death lawsuit filed in U.S. District Court in Grand Rapids against the defendants, security guard Adam Yancer and Triple J Endeavors LLC., the owners of Cricket Club.
The lawsuit claimed the bar owners acted negligently when they weren’t enough properly trained security guards to manage the crowd that night, according to court documents.
“If the Cricket Club had enough staff on duty incidents like this should have never or would have not happened,” West’s family attorney Michael Jones said.
“Cricket Club failed to provide basic training in criminal and civil laws relating to the process of legal use of force and self-defense. Cricket Club failed to train in management of aggressive behavior, responsible service of alcohol, first-aid, and CPR,” according to the lawsuit filed Nov. 17.
Yancer and Joel Fulton, an owner of the Cricket Club, did not respond to a request for a comment.
Calhoun County Prosecutor David Gilbert declined to pursue charges against Adam Yancer, following a review of the case which concluded Yancer acted in self-defense.
Yancer told investigators he feared for his life when he was injured after several men knocked him to the ground and he fired the fatal shots, according to police.
Yancer was in lawful possession of the firearm with his employer’s knowledge, according to Gilbert’s opinion issued Jan 25, 2022.
The bar brawl started over a spilled drink, according to detectives.
The bar had 900 people inside the venue at the time of the shooting, three times the capacity of 300.
“Cricket Club failed to screen out unsuitable applicants like Yancer and have a comprehensive security plan in place that was clearly defined,” according to the lawsuit.
No other weapons were found at the bar that evening besides Yancer’s gun, the lawsuit alleges.
