The administrator of the estate of Kayla Fannon Tuesday filed a wrongful death lawsuit.
Administrator Marni Rora filed suit against the City of Peoria and a police officer.
On February 14th Fannon was shot and killed at a home on West John Gwynn Avenue.
A friend of hers says the night before, Fannon’s former boyfriend David Jenkins, was harassing her via text messages.
The witness said Fannon then called police, and when an officer arrived she showed him the messages. The officer told her to email him in the morning and he would then call the parole board.
The witness said Fannon told the officer she was on Jenkins’ no contact list, however the officer said he had no way to verify that in his vehicle.
Police confirm the officer was called to the home six hours before the shooting.
Jenkins was previously charged with aggrivated battery against Fannon who was then pregnant with their child; he was released from prison in January.
After their discussion, the officer left and Fannon and the witness remained in the home.
Hours later, police say Jenkins came back into the home, shot and killed Fannon and then shot himself.
In the suit filed Tuesday, Fannon’s representative says what Fannon experienced the night before her death qualifies as domestic violence under the Illinois Domestic Violence Act and the responding officer did not take necessary steps to ensure her safety.
The suit claims the officer should have investigated Jenkins and made steps to arrest him.
The administrator of her estate says the facts of the case warrant a Wrongful Death claim under the Wrongful Death Act.
The suit is demanding at least $50,000.