Man who sold Ator gun being sued

A Lubbock man who was sent to federal prison for illegally selling an Odessa man the weapon he used in a deadly mass shooting is now being sued in U.S. District Court.

On Aug. 31, 2019, Seth Aaron Ator, 36, went on a shooting spree that ended in his death outside Odessa’s Cinergy Theater. Before it was over, he took the lives of seven people and hurt 25 others, including three law enforcement officers.

There were 24 shooting scenes, 11 on Interstate Highway 20 and the remaining on the streets of Midland County and Odessa.

Marcus Anthony Braziel was accused of selling Ator the AM-15 assault rifle he used during the shooting despite the fact he didn’t have a federal license authorizing him to sell firearms and despite the fact Ator was prohibited from buying or possessing weapons due to a “disqualifying mental health issue.”

Braziel began serving a two-year federal prison stint in April 2021 after he pleaded guilty to dealing and manufacturing firearms without a license and subscribing to a false tax return. One month later, Braziel’s wife filed for divorce and in November 2021, Braziel filed for bankruptcy, which placed a stay on the wrongful death case brought against him in Ector County District Court.

Earlier this year, the families who brought that wrongful death suit asked a federal judge to rule they are entitled to any damages ultimately awarded to them in the wrongful death case.

According to court documents, they believe Braziel purposely transferred property to his former wife “with the specific intent to keep it out of the hands of his creditors.”

The court action, which remains pending, was brought on behalf of Leilah Hernandez and Joseph Griffith, who were killed that day, and their families.