The family of a murdered elementary school teacher is suing the South Florida apartment complex where it happened.
"Communities can and should do more to protect the people that are living within their quote, unquote 'safe community that's gated'."
Attorney Robert Gonzalez represents Florencia and Daniel Gutierrez.
Their mother, 51-year old Gabriela Marino was shot to death by Jeffrey Garner as she was leaving for work in April. They say the man had been stalking Marino after she broke up with him.
"If the management company actually had a roving security officer or something more, they would have found this gentleman, or this person that was acting erratically the night before."
Police shot and killed Garner when he refused to put the gun down.
The 55-year old was also a resident of Manatee Bay apartments in Palm Beach County and Gonzalez's partner, Lee Levenson, says that should not have been the case in the first place.
"The person who shot her had a history of violence and substance abuse and should not have been on those premises."
The lawsuit seeks to force apartment communities to do a better job of keeping residents safe.
Manatee Bay, in Boynton Beach, is owned by Olen Properties, which manages a number of other apartment complexes in Florida and around the country.
Photo: CBS 12