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16 Notify State They May Sue Over Aurora Theater Shooting

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Documents filed with the State of Colorado that indicate possible intent to sue. (credit: CBS)

Documents filed with the State of Colorado that indicate possible intent to sue. (credit: CBS)

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Investigator Rick Sallinger

AURORA, Colo. (CBS4)- Sixteen people have notified the State of Colorado they may sue over the Aurora theater shooting.

The man charged with killing 12 people and leaving 58 others wounded in the Century 16 theater on July 20, 2012 was a University of Colorado neuroscience student who had seen a psychiatrist employed by the state.

The notices of claims filed guarantee the right of those people to sue the State of Colorado. The documents had to be filed within 183 days of the shooting.

The documents contain chilling information, serious allegations and large sums of money.

The 16 people include family members of those killed, survivors of the shooting and some who witnessed what happened that night in theater 9 during the showing of “Batman: The Dark Knight Rises.”

One was filed on behalf of Jamison Towes who was struck by shrapnel, his girlfriend seriously injured, her daughter Veronica Moser killed and their unborn child lost.

“I saw what you never want to see and it was Veronica’s lifeless body laying there,” said Towes.

His claim is for at least $1 million.

The documents claim the University of Colorado may have had knowledge of the danger the suspected gunman, James Holmes, represented.

“Dr. Fenton alerted the campus police about Mr. Holmes’ erratic behavior but rejected an offer by the campus police to place Mr. Holmes on a 72-hour psychiatric hold,” said Cornell Johnson, the attorney for Musa Sebaduka.

Marcus Weaver was shot twice in the shoulder.

“I still have sleepless nights and wrestling with what happened still,” said Weaver.

His claim is for at least $5 million.

Ryan Lumba was shot in the stomach and may sue.

“Just remember being on the ground. I see people running and screaming. I’m like, ‘What’s going on?’ then I knocked out,” said Lumba.

Some of those giving notice to sue were in other theaters inside the Century 16 theater complex. They claim they too, were traumatized by the events.

The University of Colorado issued a statement that it understands the pain and frustration of the people involved but added, “However we believe the cases are not well founded and the facts will speak for themselves.”

The Century 16 theater opened to the public under a new name “Century Aurora” and will show free movies through Jan. 20.

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