Northlake Mall could have prevented shootings, lawsuits claim

Two lawsuits have been filed against Northlake Mall by the victims of a shooting, the latest hurdle for the financially struggling north Charlotte shopping center.

The estate of Armani Spencer and Bianca Brown say the two friends were “innocent victims” of the shooting that happened “within the immediate vicinity of Northlake Mall,” Mecklenburg County and N.C. Business court filings show. Donna Kay Spencer, the mother of Armani Spencer, is named as the administrator of the estate.

On Aug. 13, 2022, Spencer and Brown’s car stopped at a light at 1 a.m. on Perimeter Parkway, according to the lawsuits. The parkway, which divides the Northlake Commons shopping center and Northlake Mall, is owned by the mall, court filings state.

A car followed them from Northlake Commons, drove up beside them and “unleashed a storm of bullets into the vehicle,” the lawsuits state.

Spencer, 23 and a father of three children, was shot multiple times and died at the scene, the lawsuit said. Photos of Spencer and his children are included in the documents.

Brown, then 27, a nurse and mother, was critically injured. She was shot more than 10 times, according to the lawsuit.

“At no point did security for either Northlake Commons or Northlake Mall respond to nearly two dozen shots fired,” the lawsuits state. An injured Brown called for help.

Northlake Mall suit defendants

Spencer’s estate and Brown filed separate lawsuits in July against TM Northlake Mall, Spinoso Real Estate Group, which is the mall’s court appointed receiver, and Professional Security Consultants, which provides security services to the mall. Hiffman Asset Management, S&S Management Group and ARC NCCHRNOO1 for Northlake Commons, also are named in the lawsuits.

Spinoso, based in Syracuse, N.Y., was appointed as the mall’s receiver in May 2021 after then-owner Starwood Retail Property Group defaulted on its loan with Wilmington Trust. The mall is currently for sale by JLL.

Spinoso has asked to be dismissed from the case. That request is set to be heard Thursday in Mecklenburg County Superior Court.

Meanwhile other defendants also have asked to be removed from the lawsuits. Defendants Wilmington Trust and Starwood filed a motion last month in N.C. Business Court requesting to leave the case, saying Spinoso was managing and operating the mall at the time of the shooting.

Professional Security Consultants filed a motion to dismiss last month, claiming lack of “sufficient information to admit or deny the allegations.” The Charlotte security firm is represented by Hall Booth Smith in Charlotte.

At a hearing Friday, N.C. Business Court Judge Adam Conrad did not rule on any of the requests for dismissal. Instead, he said he believes the cases should be before him and not Mecklenburg County court because it deals with receivership immunities in personal and official capacities. “There are some rather interesting issues here about how the receivership changes things and a tangle of procedural questions,” he said.

Spinoso’s lawyer Melanie Raubach with Hamilton Stephens Steele and Martin in Charlotte defended its actions on safety during Friday’s hearing. “Spinosa has paid incredible attention to security issues at this mall,” she said.

Attorney Robert Jessup with Howard Stallings Law Firm in Raleigh representing Spencer and Brown said his clients have suffered great losses over “unchecked violence.”

“One of our clients’ primary goals in pursuing these cases is to advocate for meaningful change, striving to make the Northlake Mall area safer for everyone,” Jessup said in a statement to The Charlotte Observer on Friday.

Why Northlake Mall and Northlake Commons are being sued

The lawsuits cite Charlotte-Mecklenburg Police Department statistics showing more than 1,300 incidents of criminal activity within a mile radius of the properties including rape, robbery, shootings and assaults from Dec. 31, 2016, to Aug. 13, 2022.

Northlake Mall’s operator was aware of the “rampant violence ... reminiscent of a warzone” which led to several abrupt store closings including Apple, Buckle, American Eagle and Michael Kors, according to the lawsuit’s citing The Charlotte Observer.

“Rather than taking any meaningful action to increase security or make the premises safer, the defendants chose idleness,” the lawsuits state.

The shooter “loitered on the defendants’ commercial properties, driving recklessly, tailgating and harassing lawful visitors and at no point did the defendant security companies intervene,” the lawsuits state.

Spencer lost his life while Brown has “scarring, disfigurement and loss of normal use of her body,” the lawsuit states.

The lawsuits, both filed in July in Mecklenburg County, claim Northlake Mall and Northlake Commons should be liable for negligence and failure to provide adequate security on the premises.

The defendants allowed “John Doe,” the unknown shooter, to engage in threatening behavior and were derelict in their duties allowing known trespassers to enter the property, the lawsuit said.

“The defendants’ failures are not a one-off, but rather indicative of a broad pattern of behavior that reflects across their employees and agents,” the lawsuits state.

The plaintiffs are seeking a jury trial and monetary compensation.

This story was originally published November 18, 2024 at 5:00 AM.