Gloria Araujo, the mother of 33-year-old victim Linda Valez, of Wheaton, filed a lawsuit last week in Cook County Circuit Court against McDonald's and Myron Ester, the 47-year-old man accused of killing her. The suit claims that the restaurant's failure to maintain a safe environment allowed Ester to "repeatedly accost, abduct and finally murder" Valez in 2013.
Araujo is seeking at least $100,000 in damages in the two-count suit, which claims premises liability against McDonald's and battery against Ester.
Ester has been charged with first-degree murder in connection with Valez's death, and is being held without bail at the DuPage County Jail while he awaits trial, according to the DuPage County sheriff's office.
Ester and Valez, who were both homeless, had been in a relationship for about six months, according to Araujo. Valez, the mother of seven children who were no longer in her custody, had a history of mental illness and chose life on the street despite offers to live with her family, her mother said at Ester's 2013 court appearance.
Ester and Valez both used the services of a Wheaton-based homeless shelter, Araujo said.
Prosecutors said Ester has about 50 arrests, and Cook County court records show convictions for domestic battery, obstructing justice and drug-related crimes.
Prosecutors allege that Ester killed Valez the night of Sept. 24, 2013, before burying her in a shallow grave in Panfish Park. Police searching the park four days later found blood drops and signs that the ground in a nearby clearing had been disturbed. They then came upon Valez's body, prosecutors said.
Video footage from the Glen Ellyn McDonald's where Valez worked, at 445 W. Roosevelt Road, showed Valez leaving the restaurant with Ester that night. Several hours later, about 2 a.m., Ester walked into a Glen Ellyn Fire Department station seeking treatment for a wound on his hand. He was taken to a hospital and had his hand stitched, prosecutors said.
After police found Valez's body, they were able to track Ester to the home of a friend in Naperville, where he was hiding in a basement. Ester told authorities that he and Valez had argued at the park and that she pulled a knife on him, prosecutors said. Ester said he "blacked out" and did not remember anything else, prosecutors said.
Friends have told police that Ester often beat Valez, prosecutors said, and that Valez's attempts to end the relationship were met with threats.
The lawsuit filed last week by Araujo alleges that McDonald's employees allowed Ester to loiter at the restaurant during Valez's entire shift on the day of her death, from about 10 a.m. to about 8:30 p.m. without buying food or beverage, according to the lawsuit.
"Restaurant employees and managers observed (Ester) sitting and staring at Ms. Valez continuously and menacingly," the lawsuit states. "He was also observed to be yelling, swearing and verbally abusing her while she worked."
The lawsuit also states that each time Valez left the kitchen to use the bathroom or eat lunch, Ester accosted her at the bathroom door, berating and verbally abusing her and blocking her return to the kitchen.
The suit also alleges that employees heard Ester threaten to kill Valez.
McDonald's had a responsibility to protect Valez and patrons against the criminal acts of others, and should have prevented "dangerous and threatening loiterers like Myron Ester" from staying in the restaurant if they had finished eating or had no intention of eating, the suit alleges.
"We still feel the loss of Linda today, and our thoughts continue to be with her family and friends," said Steve Thatcher, director of operations for McDonald's Greater Chicago Region.
"However, as this is a pending legal matter, it would be inappropriate to comment further at this time," he said.
Araujo's attorney, John Walker, also declined to comment on the lawsuit.
0 comments:
Post a Comment