Abducted and shot, survivor now sues

The lawsuit against an apartment complex claims the crimes were a result of negligence.

By DONG-PHUONG NGUYEN
Published December 3, 2004

TAMPA - When Lai Chau left home for the first time, headed for college at the University of South Florida, she looked for an apartment near campus that was both affordable and safe, her attorney said Thursday.

The Remington Apartment Homes on 30th Street seemed to fit the bill, he said. They had a security gate and monitored alarms.

Eighteen months after she moved in, Chau was abducted from the complex parking lot, shot three times in the head and left for dead.

"Based upon the criminal history of this apartment complex, it was just a matter of time that something like this was going to happen," attorney Fred Zinober told a civil trial jury in his opening statement Thursday.

Chau, now 22, survived the 2001 attack. She is suing the apartment complex's owner, Southstar Equity, and property manager, Brookside Properties, in a case that accuses them of negligence.

Zinober told jurors that managers were aware of problems, including gates that did not keep trespassers out, but company executives chose not to make any changes in order to save money.

Defense attorney Billy Gunn contended that it would be impossible to prevent all crime, and that leasing agents could not and would not make promises to protect residents. "It's against company policy to represent (that) you have a safe property because you can't make any guarantees," he said.

On Dec. 13, 2001, Chau drove her pink Acura into the complex at 10610 N 30th St. and parked near her first-floor apartment. She was about to get out when two men ran toward her. One pointed a gun at her head and told her to move into the passenger seat, she later said.

They drove her to Forest Hills Elementary School on N Ola Street. There, Jabari "J.B." Armstrong shot Chau three times in the head.

Armstrong is serving a life sentence. Tobaris Arrington, who also took part in the abduction, is serving a 17-year prison term. A third participant, Anthony Smith, was sentenced to seven years in prison.

Zinober told the jury Thursday that Chau, once a popular cheerleader and outgoing student, suffers from severe depression and post traumatic stress disorder. She has ringing in her ear, her tongue is sometimes numb, and she has difficulty concentrating.

A brain scan showed a hole in her brain, Zinober said. A neuropsychologist will testify that Chau will never meet the demands to become a pharmacist, a career she is still pursuing.

"That dream has been taken away," Zinober said.

Gunn, however, countered that doctors will testify that Chau came from a dysfunctional family and suffered from psychological problems before the carjacking.

"It was a horrible thing," he said of the crime. "She was extremely fortunate."

He added that Chau once was robbed and pistol-whipped while working at her father's restaurant, the Wok Out in Clearwater.

"You can't prevent all crimes," Gunn said.

The trial, before Hillsborough Circuit Judge Sam Pendino, is expected to last two to three weeks. Chau is expected to testify.

[Last modified December 2, 2004, 23:55:11]