A Report On The Night Of September 24

1453 Words Mar 28th, 2016 6 Pages
On the night of January 24, 2009, Ms. Paz de Noboa was waiting outside in line to enter The Zone nightclub, an underage nightclub in Portland, Oregon (Memo in Opp, Exhibit B, Police Report, pp 25-29 of 29) (ER 4, Second Amended Complaint). As she waited to get into the nightclub, Erik Ayala approached the line and shot Ms. Paz de Noboa twice. Id. The injuries were fatal and Ms. Paz de Noboa died shortly thereafter. Id.
Erik Ayala had purchased the murder weapon, a 9-milimeter pistol, from 99 Pawn & Guns on January 9, 2009 (ER 3, Memo in Opp, Ex. D, Depo of David Kartchner, 45:13 to 47:18; ER 42-46, Exhibit 1 attached to Kartchner Affidavit). The 99 Pawn & Guns employee that sold Erik Ayala was David Kartchner (Memo in Opp, Ex. D, Depo of David Kartchner, 45:13 to 47:18; ER 41-46. Memo in Opp, Ex. G. BATF Form 4473). When Mr. Kartchner submitted a background check to the Oregon State Police for approval, the Oregon State Police issued a two-day hold on the purchase (ER 45-48). Despite the two-day hold order by the Oregon State Police, Mr. Kartchner did not delay the sale and sold the gun to Erik Ayala on January 9, 2009 (ER 47).
There is evidence in the record that allows an inference that Erik Ayala was exhibiting visible signs of mental instability when he purchased the gun from 99 Pawn & Guns. Erik Ayala’s father indicates that Erik Ayala looked depressed in the first week of January 2009, right around the time he purchased the gun (ER 49, Cervantes Affidavit,…
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