LA PORTE, Texas – A man who was shot in his own La Porte home by another man on Mar. 6 is now suing the company the suspect worked for.
The lawsuit, filed on behalf of the victim, alleges negligent hiring, training, and supervision by the company, Kooner Truck Repair, Inc. The suspect in the shooting, 26-year-old Andres Hinojosa, was driving a company truck at the time the shooting happened.
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At the time, a Kooner Truck Repair spokesperson told KPRC 2 Hinojosa was not on the clock at the time of the shooting and should not have been driving the truck.
Shooter was looking for his ex-girlfriend
The shooting happened in the 700 block of Corbin Crest Trail in the Morgan’s Landing neighborhood around 6:20 a.m., La Porte Police said.
Hinojosa showed up to the home in his work truck after driving by a couple times, according to police. Surveillance video obtained by KPRC 2 shows him pacing around the truck with all the lights on before the shooting, appearing to shout possible profanities.
The victim, who had just gotten home from work as his wife was getting ready to leave, left the garage door open, which is where police said Hinojosa entered the house. He, his wife, and their two children were inside.
Hinojosa shot the man because he thought the vehicle parked outside the home belonged to his ex-girlfriend, according to the victim’s family.
It’s not clear exactly where the shots were fired, but a bullet struck the husband in the neck.
Police found Hinojosa when they arrived about three minutes after receiving the 911 call. Surveillance video shared with KPRC 2 shows officers charging toward him before tackling him to the ground, where they found a pistol at his waist.
Some time after his arrest, Hinojosa was taken to a hospital for treatment, where he reportedly “rubbed poop all over the officer who attempted to restrain him for medical personnel,” records show.
In an update Friday, La Porte police say Hinojosa has been found incompetent to stand trial. He is scheduled to be moved to a maximum security facility where he will be reevaluated in 120 days.
Victim sues employer of the shooter
The lawsuit alleges Kooner Truck Repair was negligent in its hiring and supervision of Hinojosa.
According to the lawsuit, at the time of the incident, Hinojosa had a 2018 conviction for driving while intoxicated, and his driver’s license was suspended because of the conviction. Hinojosa also had a 2018 arrest and five years of deferred adjudication for possession of an illegal controlled substance, specifically methamphetamine. He also allegedly exhibited a weapon as he committed the drug offense.
The lawsuit says Hinojosa was working for Kooner at the time of the 2018 arrest and alleges Kooner had direct knowledge of the arrest.
“A simple Kooner background check would have revealed that Hinojosa was arrested with a sufficiently large amount of meth to be charged with ”intent to deliver" the meth, which led to his drug charge for a second-degree felony. Also, a simple background check would have showed that Hinojosa committed his meth drug offense while he used and exhibited a deadly weapon," the text of the lawsuit reads.
The lawsuit alleges that despite the knowledge, the company continued to allow Hinojosa to drive the company truck.
Moreover, the lawsuit alleges Kooner allowed and encouraged Hinojosa to drive the truck under the Kooner 24/7 business model, where Hinojosa was on-call 24/7.
“In this case, Hinojosa used the Kooner truck to patrol a residential neighborhood while in the Kooner service truck. Kooner permitted and encouraged Hinojosa to hold himself out as a Kooner agent before and during this shooting,” the lawsuit states.
As a result, people most likely thought Hinojosa was at the victim’s home for a legitimate business purpose, according to the lawsuit.
The lawsuit says the victim and his family have suffered significant injuries and trauma related to the shooting and are seeking over $1 million in damages.
KPRC 2 has reached out to Kooner Truck Repair, Inc. for comment on the lawsuit, but so far has not heard back.