$12M awarded to family of stray-bullet victim

SANTA FE (KRQE) — It’s a cold case. Police don’t know who fired a shot that pierced a door of a southeast Albuquerque housing complex, killing 31-year-old Andrae Davis in 2011.

On Tuesday, his family felt some sense of justice. They may not know the killer, but a jury said they know who could have stopped him. They held Eagle’s Nest Condominium Association and Roger Cox & Associates Property Management responsible and awarded the Davis estate $12 million.

“We asked the jury to send a message to property managers, landlords and owners, that they must keep their properties safe for their residents,” said Mollie McGraw, attorney for the Davis family. “They did that. They sent a loud and clear message.”

Attorneys for the Eagle’s Nest and Roger Cox & Associates could not be reached Tuesday evening.

It’s been three and a half years since a bullet pierced through Davis’ door and right into his heart. He died moments later, in front of his fiance and two children.

“After Andrae took a few steps and laid on the floor, the oldest…just played with him and tried to give him kisses and thought he was playing with him,” Lorraine Calkin told KRQE News 13 in 2011.

The family filed a civil lawsuit against Eagle’s Nest Condominium Complex and the property management company, saying they could have done something to stop it.

“First and foremost, they should have been tenant screening. They allowed a person who had a fake name, a fake id, to be on the property,” said Ben Davis, another attorney for the Davis family. “Turns out, he was likely dealing drugs and got involved in an attack with another drug dealer. It went through the door and killed Andrae Davis.”

The jury agreed and awarded the family $12 million dollars. Half of that is punitive damages.

“If the property managers are listening, if the apartment complexes are listening, it should send a message to everyone in Albuquerque…and all over the U.S.,” Davis said.

Attorneys say the family feels relived after the jury verdict – but the award can only go so far. The synopsis on the police report from that night on August 17, 2011, simply says Davis was shot. It’s been a cold case since then.

“They have struggled every day with the loss they suffered,” McGraw said. “His children do not have a father.”

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