CHARLESTON - Two children of a woman allegedly killed in a January murder-suicide are suing the estate of the man thought to be responsible for $10 million.
Chad and Rachel Auxier filed the lawsuit June 8 in Kanawha Circuit Court as co-administrators of the Estate of Kari Beth Gordon, a Marmet woman thought to have been shot by her husband David Gordon before he shot himself.
The lawsuit alleges the murder-suicide took place Jan. 14 in the couple's Marmet home. Chad and Rachel Auxier are suing Robert Berry, the administrator of the Estate of David Gordon, and any heirs of Gordon.
It cites the Slayer Statute, saying "all money and property belonging to the Estate of David Gordon must therefore be distributed as if David Gordon predeceased Kari Beth Gordon."
Baylee Gordon, the 5-year-old daughter of Kari Beth and David, is also represented by Chad and Rachel Auxier. She was reportedly next door at a neighbor's house when her parents died.
Kari Beth Gordon was 42 years old and David was 57 when the alleged incident took place. The two co-owned Just Wee Kids Daycare in Marmet. Kari Beth was a DuPont High and University of Charleston graduate, while David was a marine in the Vietnam War.
Joseph M. Price of Robinson and McElwee in Charleston is representing the plaintiffs, who say the $10 million is compensation for "pain, suffering, loss of companionship, loss of love and affection, infliction of severe emotional distress and punitive damages."
It was reported that the two were arguing over an impending break-up, and David Gordon called Kari Beth's mother to inform her he had killed her daughter before turning the gun on himself.
Price did not return a phone call to his office.
Judge Tod Kaufman has been assigned the case.
Kanawha Circuit Court case number 06-C-1087