BIDDEFORD — It was nearly two years ago that two young people were shot and killed, and a Biddeford landlord was charged with the crime.
Earlier this month, the parents of Alivia Welch, who was 18 when she was killed on Dec. 29, 2012, filed a civil suit against James Pak, the landlord who is charged with her death, and his wife, Armit Pak. They have requested a jury trial.
In March 2013, Pak pleaded not guilty to five charges, including two counts of murder, one count of attempted murder, elevated aggravated assault and burglary.
Jocelyn Welch and Danny Welch, the representatives of Alivia Welch’s estate, are seeking damages and other fees.
They have also filed a motion for attachment and trustee process for $1 million.
Welch’s boyfriend Dereck Thompson, who was 19 at the time, was also killed at 17 Sokokis Road on that December night.
Susan Johnson, Thompson’s mother, was shot but survived her injuries.
The shootings allegedly stemmed from a dispute between the landlord and tenants regarding “the number of cars in the driveway and the inability of the landlord to get snow removed,” Sgt. Mark Holmquist of the Maine State Police Major Crimes Unit told the Journal Tribune in a telephone interview the day after the murders.
Johnson rented an apartment from the Paks, which was attached to their garage. Thompson lived with Johnson, and Welch was a frequent visitor.
The landlord and tenants shared a driveway.
According to the complaint filed by Welch’s parents, Alivia was aware of her impending death and begged for her life, screaming “stop” and “no” before she was shot.
Six counts are listed in the complaint. James Pak is listed as the defendant for assault and battery. James Pak and his wife, Armit, are both listed as defendants for wrongful death, violation of the uniform fraudulent transfer act by allegedly transferring assets to others to avoid paying the plaintiffs, and premises liability by not safeguarding the tenants and invited guests from foreseeable harm by James Pak.
Count six requests punitive damages. It claims James Pak acted with malice toward Welch, and that both he and his wife “intentionally, recklessly or negligently failed to take any action to stop Mr. Pak’s foreseeable actions resulting in Alivia’s conscious pain and suffering.”
Schwartz & Schwartz, P.A. is representing Jocelyn and Danny Welch, and also filed a motion for attachment and trustee process for $1 million to prevent the Paks from liquidating assets in the amount that would prevent them from paying the Welches if they won the lawsuit.
— Staff Writer Dina Mendros can be contacted at 282-1535, ext. 324 or dmendros@journaltribune.com.
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