DALLAS (CN) - An elderly Texas man's wife and homeowner' association failed to act on death threats that resulted in the murder of the man's upstairs neighbors, a mother claims in court.
Yvonne Hypolite, of La Marque, sued Chung Kim and Kwang Kim, both of Dallas, the Sable Ridge Home Owners Association and property manager Carlota Robinson, in Dallas County Court.
Chung Kim, 76, was found guilty of capital murder and sentenced to life in prison in January.
He was convicted in the shooting death of Hypolite's daughter, Michelle Jackson, and boyfriend, Jamie Stafford, in February 2013.
Chung Kim claimed at trial that his neighbors had terrorized him for months, throwing dog feces onto his porch, among other things.
In her lawsuit, Hypolite claims Chung Kim shot her daughter from his balcony, then broke into the home and shot Stafford seven times as he was trying to escape.
Hypolite claims that Sable Ridge officers knew of the acrimony between the neighbors and that Robinson, the association president, had sent an email message stating that Chung Kim "was about to reach his breaking point."
"Hours before her death, Jackson had called 911 to plead for help and report that Kim had cut her cable lines again," the 22-page complaint states. "There were no reports of condo security on the scene at the time of the murders. However, defendant Carlota Robinson visited with Ms. Jackson immediately prior to the murder and laughed at Jackson when she tried to insist that defendant Kim was a danger and had threatened her life."
Hypolite claims that in 2006, Chung Kim told another neighbor that he would "come up" and "shoot him."
"He made a similar threat to another tenant seven months later while carrying a gun," the complaint states. "The next year, in September, he was taken into protective custody after walking into the condo office and threatening to 'kill everyone' while carrying a gun and ammunition."
Hypolite claims that during this time, Kwang Kim failed to do anything to stop her "unstable husband" from using the weapon "in a dangerous manner."
Telephone calls to Sable Ridge were not answered on Monday.
Hypolite seeks actual and punitive damages for negligence.
She is represented by David Kane in Plano.Follow @davejourno
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