Mother of slain security guard sues Deep Ellum club, accused shooter

The mother of a security guard killed while working at a Deep Ellum nightclub last month has filed a lawsuit against the club and the man accused of pulling the trigger.

The lawsuit claims the club allowed patrons to pay extra money to bypass security.

When we first met Joseph Gray's family last month, they said the security guard had picked up an extra shift the night he died to help support his growing family.

"He was excited to be a dad," Christine Smith said. "It's all he wanted to be."

Now, a wrongful death lawsuit filed by Gray's mother details what attorneys say was happening at La Tardeada before he was shot.

Suit alleges unsafe club practices

The suit names both the nightclub and Detorius Tarver, the 23-year-old charged with murder.

According to the lawsuit, attorneys allege the nightclub had "unwritten policies" and "allowed people to pay a premium to circumvent security, which permitted them to bring in drugs and weapons."

The filing alleges Tarver paid that fee and entered the club armed.

"Obviously, that creates extreme danger for the other patrons in there and the workers, and it's simply unacceptable," Shamieh Law attorney Myles Lenz said.

Attorneys say Gray intervened in fight

Attorneys claim Gray was attempting to break up a fight when Tarver pulled out a gun and shot him.

"He didn't sign up to confront armed individuals, especially individuals he didn't know to be armed," Lenz said. "La Tardeada basically allowed people to circumvent security and take safety out of their hands."

The lawsuit accuses the club of gross negligence.

Family questions lack of protection

When we spoke with Gray's sister, she questioned how a gun made it inside the club.

"Even for the security guards, why are they not protected?" Smith said. "He didn't have a vest on at all."

"We want justice for the family," Lenz said. "Obviously, we can't bring Mr. Gray back but we can show that the city of Dallas does not tolerate this type of behavior from businesses."

Club remains closed after shooting

The filing seeks more than $1 million in damages.

Tarver remains in jail tonight on a murder charge.

Today, we reached out to the nightclub for comment on the lawsuit and have not yet received a response. On May 8, the nightclub announced a temporary closure. On May 22, it announced it was "closed until further notice."