A wrongful death lawsuit has been filed against the Texas Board of Pardons and Paroles and Nestor Hernandez, the convicted felon and multiple parole violator who gunned down two medical workers at Methodist Dallas Medical Center in North Oak Cliff in 2022.

As previously reported by The Dallas Express, Hernandez was convicted of capital murder and sentenced to life in prison without the possibility of parole.

Dallas County District Attorney John Creuzot did not seek the death penalty.

Creuzot has faced significant criticism for appearing soft on crime in the past. Such accusations stem in part from his since-reversed policy of not prosecuting thefts valued at $750 or less. More recently, Creuzot also chose not to seek the death penalty in the case of accused serial killer Billy Chemirmir.

Now family members of one of Hernandez’s victims are speaking out about what could have led to the tragedy and how it could have been prevented:

Sarah Flowers, daughter of the late nurse Annette Flowers, is suing 31-year-old Nestor Hernandez and the Texas Board of Pardons and Paroles.

Hernandez was convicted in the Oct. 22, 2022, shooting, which killed Annette Flowers and social worker Jacqueline Pokuaa.

In the lawsuit filed this month, the Flowers family claims the Board employees’ negligent use or misuse of the electronic monitoring tangible property proximately caused the death of Annette Flowers. Hernandez had been on parole for previous convictions and had violated his parole multiple times, according to the lawsuit, including tampering with his ankle monitor. The lawsuit also alleges the Board “failed to properly record interactions with Hernandez.”

“The Board, through its employees, was negligent in failing to properly supervise parolee Nestor Hernandez, failing to take appropriate action in response to his multiple parole violations, and allowing him to remain on parole despite his demonstrated danger to the community,” the lawsuit reads.

The Flowers family is seeking an unspecified amount of wrongful death damages and a trial by jury, which “would show that the appropriate fee is paid contemporaneously.”

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