Jayshawn Malik Johnson is seen being led to arraignment earlier this year.
Times Leader file photo
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WILKES-BARRE — The only survivor of three men who were shot outside Bo’s on Main in January has filed a lawsuit against the bar, along with the alleged shooter, claiming they are at fault.
Al Quan Cade Jr., 21, of Wilkes-Barre, filed the suit against the bar, its owner Coleen M. Burns and the corporation that she owns, CM Burns 3 LLC, in Luzerne County Court on Wednesday.
The suit also names Jayshawn Malik Johnson, 21, who is accused by Wilkes-Barre Police of injuring Cade and killing Damian Thomas, 32, and Maurice Chapman, 31, outside of Bo’s on Main on January 30.
Cade is represented by Joshua Van Naarden and John M. Pinto of the Philadelphia law firm VSCP Law. The lawsuit puts a large part of the blame squarely on the shoulders of the bar.
“Due to the Defendants’ negligent and reckless acts that permitted an individual with a loaded firearm on the premises of the bar/nightclub, Bo’s on Main, Al Quan Cade Jr. was shot on the premises as an innocent bystander, ultimately causing the loss of his eye, among other severe and debilitating injuries,” the lawsuit says.
Moreover, Cade an his attorneys suggest that Bo’s even being open was in violation of state, city and county restrictions.
“The injuries described herein are a direct result of the negligence and recklessness of all defendants, jointly and severally, including their agents, servants and/or employees,” the suit goes on to say.
The suit claims that the bar either knew or should have known that Johnson was armed when he arrived at the nightclub, and that allowing him in with the gun created an “unreasonable and foreseeable risk of imminent and fatal/catastrophic harm to others.” Cade and his team accuse the bar, the corporation that backs it and the owner of negligence for allegedly failing to keep the bar safe.
Cade accuses the bar of an additional count of negligence for serving alcohol to Johnson, who the suit suggests the bar had reason to believe would become violent. Also, Cade’s suit says the bar was illegally operating as an unauthorized after-hours establishment.
Cade is also suing Johnson for assault and battery. He is seeking unspecified amounts of damages from the defendants in connection with his claims.
An arrest warrant was issued for Johnson on Jan. 31, after police said they identified him from surveillance footage taken of the incident.
Johnson was taken into custody on Feb. 19 by U.S. Marshals in Miami, and was held in Miami-Dade Correctional Facility until his extradition hearing, which was in late March.
Johnson is facing two counts each of criminal homicide and aggravated assault and one count each of criminal attempt to commit homicide, illegal possession of a firearm and firearms not to be carried without a license. Previous court records show he was barred from carrying firearms from previous convictions.
Court records show he is currently locked up at the Luzerne County Correctional Facility. He’s scheduled to have his preliminary hearing on June 10 before Magisterial District Judge Rick Cronauer.