BOISE, Idaho — The family of a man shot and killed in the Oct. 25, 2021, attack at Boise Towne Square has filed a lawsuit, claiming mall management, police and prosecutors "failed to take any reasonable action" to protect people at the mall or take action in response to previous incidents involving the killer.
Boise Police said Jacob Bergquist shot and killed Roberto Padilla Arguelles and Jo Acker at the mall. Bergquist later died of a self-inflicted gunshot wound outside the mall, where he and police had exchanged gunfire.
A lawsuit with demand for a jury trial and monetary damages was filed Wednesday, July 5, in Ada County District Court on behalf of Padilla Arguelles' family and estate, naming Brookfield Properties, LLC, the owner of Boise Towne Square; also, the City of Boise; Boise Police; Ada County; the Ada County Prosecutor's Office; Idaho State Police; and the State of Idaho.
The family filed a notice of tort claim in April 2022 against city, county, and state agencies, indicating that they intended to seek damages.
Padilla Arguelles was shot while riding an escalator to the second floor of the mall. He died of wounds to his head and torso.
The complaint alleges Bergquist was allowed to walk around with a handgun in the mall for 25 minutes before security made contact, and that mall management failed to notify anyone of his presence, even though firearms are prohibited in the mall.
Bergquist was also a convicted felon. However, the conviction, from Illinois, was not one that disqualified him under Idaho law, according to the Ada County Prosecutor's Office.
According to the complaint, Bergquist was escorted off Boise Towne Square property one week before the shooting. The lawsuit alleges that mall management failed to notify law enforcement about the encounter.
The complaint also mentions several other incidents involving Bergquist prior to the Boise Towne Square shooting:
- Bergquist brought a gun into a Walmart on March 7, 2021. The lawsuit alleges that Bergquist was banned from the store, but Meridian Police took no action.
- On April 2, 2021, Bergquist went to the Idaho Governor's Office asking to interview the governor about firearms laws. An ISP trooper asked the Ada County Prosecutor's Office if charges could be filed for unlawful possession of a firearm. The suit alleges that ISP took no action. The prosecutor's office said legal action could not be taken against Bergquist because his felony theft conviction in Illinois did not prohibit him from possessing a gun in Idaho.
- On April 27, 2021, Boise Police Officer Christopher Zimmer warned officers about Bergquist after confronting him about jaywalking. Bergquist had a pistol on his hip at the time. The officer said he "had concerning speech in regards to Bergquist being racist and his dislike for law enforcement," according to the lawsuit. Again, the suit claims, the Ada County prosecutor said no legal action could be taken.
- On June 27, 2021, the lawsuit states, Bergquist was carrying a gun when he walked into Boise Towne Square near the Old Chicago restaurant. Ada County Dispatch put out an officer safety notice. The Padilla Arguelles' complaint claims mall management did not take any steps to ban him from the property at that time.
- On June 28, 2021, Bergquist tried to enter Saint Alphonsus Regional Medical Center with guns and a knife. According to the lawsuit, employees barricaded the door and Boise Police responded, but did not issue a citation or press any charges.
- In September 2021, Boise Police were called but did not respond when Bergquist entered a gym on State Street with a gun in his possession, the lawsuit claims.
“Defendants should have known based on their multiple prior encounters with Bergquist that be presented a foreseeable and unreasonable risk of harm to invitees at the mall," the lawsuit states.
The lawsuit claims the mall was negligent because management did not do enough to coordinate security or ensure measures to protect people, that police were negligent in not taking enough action, and that Ada County was negligent in not bringing charges against Bergquist.
As of Monday, July 10, online court records don't indicate any hearings scheduled in connection to the lawsuit or any responses from those named as defendants.
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