A man filed a lawsuit Friday against Fox News and several other media outlets after he was allegedly falsely identified as a mass shooter, Law & Crime reported.
A Dallas County resident has initiated a defamation lawsuit against Fox News and various alternative media outlets after he was mistakenly identified as a neo-Nazi involved in a shooting at a Texas outlet mall. The erroneous identification occurred following the incident at Allen Premium Outlets on May 6, 2023, where Mauricio Garcia, 33, fatally shot eight people, including a family of four, and injured seven others. The actual perpetrator, who was killed by police at the scene, was allegedly known as a white supremacist, according to Law & Crime.
However, a different individual, also named Mauricio Garcia, aged 36, claimed his image was erroneously broadcast and utilized by multiple media organizations, tarnishing his reputation by depicting him as the assailant. This Garcia claims he had no connection to the violent acts, the outlet reported. His legal team, led by attorney Mark Bankston, has filed a comprehensive 29-page lawsuit in Travis County District Court, detailing the misuse of Garcia’s image across various platforms, including on Fox News’ website and during broadcasts on Newsmax’s shows like “The Balance with Eric Bolling” and “Greg Kelly Reports.”
Today, my co-counsel Greg Adler and I filed suit against Fox, Newsmax, Univision, Timcast, Steven Crowder, Owen Shroyer, Simon Ateba, and Hollywood Unlocked for falsely portraying our innocent client as a neo-Nazi mass shooter. pic.twitter.com/TXABIAPGzo
— Mark Bankston (@BankstonAtLaw) April 12, 2024
The suit accuses these organizations of bypassing fundamental journalistic standards and acting with reckless disregard for the truth. For instance, despite being presented with a demand for a retraction, Fox News allegedly did not comply nor issue any response or correction regarding the misuse of Garcia’s image, Law & Crime stated. (RELATED: Texas Gunman Was In The Classroom For Half An Hour Before Law Enforcement Stormed In. Why?)
“Each of these media outlets recklessly portrayed our client as a neo-Nazi mass murderer, and each of them have shown him nothing but disrespect,” Bankston wrote on Twitter. “That is something we cannot accept. We will not allow media organizations to falsely accuse an innocent man of being a neo-Nazi mass murderer without being held accountable. We’ll see them in court.”
Stephen Crowder’s show “Louder with Crowder” is specifically called out in the lawsuit for not only misidentifying Garcia but also for promoting a narrative that questioned the actual motives and background of the shooter. Despite evidence to the contrary, the show proceeded to cast doubt, worsening the impact on Garcia, Law & Crime stated. The suit seeks damages exceeding $1 million, citing defamation per se, reputational harm, and emotional distress.
The Daily Caller has reached out to Fox News for comments but has yet to receive a response.