CHARLESTON - The administrators of the estate of a woman killed by her husband is seeking $10 million from the estate of the man who killed himself after shooting his wife.
Chad and Rachel Auxier filed a suit Sept. 14 in Kanawha Circuit Court against the estate of David Gordon. The suit was filed on behalf of Baylee Gordon, the minor child of David and Kari Beth Gordon.
According to the suit, David Gordon shot his wife, Kari Beth Gordon, on Jan. 14, 2006, at their Marmet home. He then shot himself in the head. Kari Beth Gordon eventually died from her injuries.
Kari Beth Gordon is the mother of Chad and Rachel Auxier. Rachel Auxier is now the legal guardian of her half-sister, Baylee Gordon.
According to the suit, Chad and Rachel Auxier claim the "Slayer Statute" of West Virginia Code is in affect, meaning David Gordon's estate is barred from recovering any money, and all money should be distributed to the estate of Kari Beth Gordon.
As a result of David Gordon's wrongful, intentional, willful, malicious and unjustifiable killing of Kari Beth Gordon, Chad Auxier, Rachel Auxier and Baylee Gordon have suffered a loss of love and affection, sorry, grief, mental anguish, great emotional distress, loss of society, companionship, comfort, guidance, kindly offices and advice of their mother, the suit says.
They claim they are entitled to compensation for the loss of income, services, protection, care and assistance provided by Kari Beth Gordon, expenses for care, treatment, and hospitalization of Gordon and funeral expenses.
Therefore, Chad and Rachel Auxier seek no less than $10 million in compensation from the estate of David Gordon.
Attorney Joseph M. Price of Charleston law firm Robinson & McElwee is representing Chad and Rachel Auxier. The case has been assigned to Judge Jennifer Bailey Walker.
Kanawha Circuit Court case number 07-C-1942