DENVER A federal appeals court has declined to hear the case of the parents of one of the victims of the Trolley Square massacre.
In a decision released late Friday, the 10th U.S. Circuit Court of Appeals rejected a request from Sue and Ken Atrobus for a rehearing The parents of Vanessa Quinn have been seeking to be declared crime victims in the U.S. government's case against Mackenzie Hunter.
Hunter was convicted of selling a then-17-year-old Sulejman Talovic one of the guns that was used in the February 2007 shooting rampage that killed five including Quinn and wounded four others. Talovic also died in a shootout with police.
In its decision, the court said that if they were to declare the Antrobuses victims under the Crime Victim Rights Act, they would establish "a per se rule that any harm inflicted by an adult using a gun he or she illegally obtained as a minor is directly and proximately caused by the seller of the gun."
"On this record, Mackenzie Glade Hunter knew only that Sulejman Talovic was a minor at the time the gun changed hands; the record before us is silent on the question whether Mr. Hunter had knowledge of Mr. Talovic's intentions with the firearm ... and Mr. Talovic was apparently an adult when he committed his terrible crimes," the judges wrote.