Chicago Almost a year after white supremacist Benjamin Nathaniel Smithѡs racist shooting spree, the family of victim Won-joon Yoon filed in Cook County circuit court a consolidated civil lawsuit against gun manufacturers on behalf of four of the victims in cooperation with the Legal Action Project of the Center to Prevent Handgun Violence.
The plaintiffs make civil claims of negligence and creating a public nuisance against the parties that armed Smith, including gun manufacturers Bryco and Sturn, Ruger, an Illinois gun shop, and a gun trafficker.
Donald Fiessinger, an illegal gun dealer who sold Benjamin Smith two guns without performing a background check of determining if Smith was legally permitted to possess guns, is accused of negligence. The Old Prairie Trading Shop, from whom Fiessinger routinely bought handguns to resell them, is alleged to have supplied Donald Fiessinger with guns under circumstances that clearly indicated he was illegally trafficking in guns.
In addition, the manufacturers, distributors and dealers who participated in and supplied the negligent distribution system through which Benjamin Smith was able to gain illegal access to his weapons are the target of this lawsuit, said director of the Legal Action Project Dennis Henigan.
On the weekend of July 4th 1999, Benjamin Smith careened across Illinois and Indian a randomly shooting at African-Americans, Asians and Jews. From Chicago to Skokie, Springfield to Decatur, to Urbana to Bloomington, Smiths rampage seriously wounded nine and killed two. Yoon, 26, an Indiana University graduate student, was killed when Smith shot at a group of Koreans entering Sunday morning services at the Bloomington Korean Methodist Church. Smith shot himself later that day when cornered by the police.
The Yoon familys lawyer Jin Han said he hoped the case would bring Korean communities on both the East and West coast closer together. Its ironic that it happened in Indiana, right between Los Angeles and New York City, where the largest population of Koreans live, he said.
Han, of the law firm Han and Associates, is a Harvard Law School graduate with a past of specializing in Asian gang cases. He said he first met the Yoon family and became familiar with the case through a professor at Columbia, a relative of the victim.
Won-joon Yoons mother, father, sister and girlfriend are currently in the US to attend a memorial service to be held in Bloomington, Indiana.
In an interview with the Korea Times Chicago following the press conference, the Yoon family said that letters pouring in from the Korean communities in the US were an endless source of comfort while they mourned back at home in Seoul.
The mother said the death of her son felt more real in the US than it did back in Korea. Rather than thinking our son was dead, we convinced ourselves that he was away studying at school. I miss Won-Joons smiling face so very much, she said.
Its his voice that I miss most, said the father. He used to call and ask us whether we were healthy. We had not seen Won-joon for three years. I believed that it would be best for him to immerse himself in his studies until he was finished, so even though he asked whether he could come home to visit, I convinced him to stay away. I regret that very much.
The following interview with Shin-Ho Yoon, 69, father of Won-Joon Yoon, was conducted at the Chicago Midland Hotel.
How did you get involved with the Legal Action Project in filing a civil lawsuit against the gun manufacturers? Our lawyer Jin Han introduced us to the Legal Action Project of the Center to Prevent Handgun Violence.
What were your reasons for deciding to file a civil lawsuit?
The United States is expected to lead the entire world in the fight for peace in the twenty-first century, and as such, crimes where a person can just pick up a gun and shoot people at random should be unheard of in this model of democracy. How can other nations be expected to follow the example of a country where hate crimes are permitted to prevail? That would be a contradiction. How could such a crime be committed in a country that promises freedom, peace and trust in God? If America is seen as deteriorating, how are we then to see the state of other nations? It was with these thoughts in mind that I decided to bring justice by filing a civil lawsuit.
Korean people generally prefer not to take legal action. Was it difficult deciding to turn to the law? How much did you have to deliberate and what were the conflicts you struggled with most?
It was not an easy decision. I hesitated, wondering if it was the right thing to do, whether it was really worth it. I was worried that people might misunderstand that I was filing a lawsuit in order to get money in the form of damage rewards. But I decided to go ahead with it in the name of justice. Now I will take a stand before everybody else for the cause.
What are your reasons for targeting big gun manufacturers and what is it exactly that you want from them?
I have no direct contact with the gun manufacturers. Our lawyer takes care of everything that has to do with the legal aspects and damage rewards. However, getting money is not my purpose. I am doing this to achieve justice, and I believe that in order to do my share in creating a more peaceful and egalitarian society, I must place pressure on that part of society which manufactures guns.
How do you feel now that one year has passed?
Nothing has changed. I still feel like Im dreaming. Its as if I were lost in a nightmare. I still cant believe that that healthy son of mine has left us and gone to heaven.
Do you find yourself blaming the death of your son on the violence in American culture or on the gunholder? Benjaming Smith is to blame to a certain extent in that he let himself become a member of the World Church of the Creator. I dont know why or how that young boy could get drawn into such racist thinking to the point that he would kill people. Of course, Benjamin Smith is at fault, but Matt Hale, the leader of the World Church of the Creator, is more to blame. It saddens me that Hale guided youths like Benjamin towards violence and socially disruptive behavior.
A year ago, people were amazed by the composure and forgiveness you showed towards the person who killed your son. Your strength despite the loss of your only son was much admired. Do you harbor any bad feelings towards Benjamin Smith?
I hate the crime that he committed, but I am able to forgive the person who committed the crime. The grossness of the crime cannot be adequately expressed. However, I believe the killer did not know himself what he was doing.
What do you do when you find yourself thinking of your dead son?
Whenever I remember my son, I pray. I dont know what else to do. By praying, we have been able to find strength and consolation. It has helped me forgive Benjamin Smith. Ben is also from a very good family.
Have you ever met Benjamin Smiths parents?
No, I have not met them yet.. Do you think you would like to meet them?
Yes, I would like to meet them. I would like to meet them very much.
If you were to meet them, what would you say to them?
As the parents of a victim meeting the parents of the offender, as parents who have both lost their sons, I would like for us to share our sorrow and ask them to work together with us for the sake of humanity and peace for mankind.