TULSA, Okla. — An innocent bystander caught in the middle of gunfire is filing a lawsuit against the suspected shooter.
Anthony Allen is accused of killing another man at a QuikTrip off Gilcrease Museum Road about a week ago. Juandalyn Bailey was shot in her right foot as she was in the store.
“Just to say the words that I have been shot, it’s just so unreal to me,” Bailey said. "I'm a victim of gun violence."
On Father’s Day, Bailey says she went to the QuikTrip for some ginger ale as she wasn’t feeling well. She says out of the kindness of her heart she also bought food and coffee for a homeless man nearby, but after providing that meal to him she saw two men fist fighting and promptly went back into the store.
“I was standing at the end of the counter. I looked up at the clerk and said you need to get your security because they are out there fighting. No later than I said that bullets, gunshots started going off."
Then she felt an impact on her right foot, a warm feeling and looked down to see her foot bleeding, but she didn’t know if she was shot or if she had glass in her foot.
“I did not really know it was a bullet until the ER when they took x-rays and he told me the bullet was lodged between my large toe and my second toe,” she said.
With the bullet still there, she has been going to doctors and specialists to figure out what to do.
In an arrest affidavit, it says the suspected shooter Allen, had the victim, Desmond Cousino’s, “AR pistol” since he wasn’t supposed to have it as a convicted felon. It says they met at the gas station so Allen could return the gun to Cousino. Once he had the gun, police say Cousino tried to carjack Allen. The affidavit says they struggled over the gun and Allen got it back. As Cousino ran from the car, it says Allen chased him and shot him multiple times.
“He obviously was not careful how he was shooting or who he was shooting because Mrs. Bailey was nowhere near the scene of the altercation and she got hurt,” said Steve Hickman, the attorney representing Bailey.
Bailey says she is just grateful she wasn’t injured worse or even killed during the shooting.
“I easily could have been laying inside the store dead," she said. "One of the police officers told me that my random act of kindness toward that homeless guy might have saved my life.”
Doctors will continue monitoring Bailey’s foot and the bullet inside for two months to determine if they should leave it or remove it. She says by filing a lawsuit she’s hoping to be compensated for some of her medical expenses.
Right now they are waiting on a response to the lawsuit from the defendant.
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