The family of 35-year-old Army veteran Keith Bender Jr. filed a wrongful death lawsuit against the estate of D12 rapper Proof on Monday in Michigan's Wayne County Circuit Court. The suit stems from the April 11 shooting inside Detroit's CCC after-hours club that left both men dead.
According to The Associated Press, the suit charges that Proof "violently assaulted and battered [Bender], culminating with the infliction of a gunshot injury that caused [his] death". Proof died the morning of the shooting. Bender was hospitalized in critical condition and placed on life support. He died a week later.
The suit ? filed by lawyers for Bender's wife, Jacqueline, and mother, Leona ? names Proof's wife, Sharonda Holton, in her capacity as representative of the rapper's estate, but does not list the specific monetary damages being sought.
The suit claims that Proof (born DeShaun Holton) was known to carry weapons and had "violent propensities."
"It is shameful that [Proof] is being lauded as a hero and martyr, when, in fact, it was his own criminalistic conduct that not only led to his death, but took the life of an honorable, innocent man," said Michael Cafferty, one of the Bender family's lawyers, in a press statement.
Witnesses to the early-morning shooting told police that Bender's cousin, Mario Etheridge, fired on Proof three times ? once to the head and twice to his chest ? after the rapper pistol-whipped and then shot Bender in the face. Police say the argument between Proof and Bender stemmed from a dispute over a game of pool.
Etheridge, who worked security at the club, has not been charged with Proof's death. He's awaiting trial on two firearms-related felonies.
Last week, Etheridge's attorney, Randall Upshaw, told reporters that Proof was intoxicated at the time of the incident. He alleges that Proof approached Bender and the two men argued for several minutes before being separated, and says Etheridge's actions prevented Proof from hurting others inside the club. Upshaw insists that Etheridge was unarmed when he showed up for work, and must have either been handed a gun or grabbed someone's gun during the altercation.
The attorney further claims that Proof first argued with another man before turning on Bender; Upshaw maintains that Proof used a friend's gun to shoot Bender.
According to the Detroit News, toxicology test results indicate Proof was intoxicated at the time of the shooting. Albert Samuels, chief investigator for the Wayne County Medical Examiner's Office, told the paper that Proof's blood-alcohol level was .32, four times Michigan's legal limit of .08 for intoxication. There were no drugs present in his system other than nicotine.
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.32?...talk about alot of alc. crazy...but regardless...dude aint gettin charged for the murder?...dats retarted...cuz regardless..he didnt have to kill him..AND..he aint an officer of ne type...hes a bouncer...so its pretty fucked up..regardless if proof started it or not...


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the bouncers as good as dead if he ever sets foot in detroit again so it don't really matter what he gets charged with
Respect this, specialist, black, testing this and get ya necklace jacked
Your after name scratched up off my guestlist, party freak
You the type of nigga that'll hardly speak unless you spoken to
You throw a cold screw but sober up when I'm approaching you
At the same time we postin two niggaz on that ass
Thats gonna do what they supposed to do the limelight
Snatched away from you because its my night
Killarm' blaze hotter than twilight, you better get ya lines right
Half of these crabs cant even rhyme right
[Killa Sin]

Your after name scratched up off my guestlist, party freak
You the type of nigga that'll hardly speak unless you spoken to
You throw a cold screw but sober up when I'm approaching you
At the same time we postin two niggaz on that ass
Thats gonna do what they supposed to do the limelight
Snatched away from you because its my night
Killarm' blaze hotter than twilight, you better get ya lines right
Half of these crabs cant even rhyme right
[Killa Sin]

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all killah wrote:the bouncers as good as dead if he ever sets foot in detroit again so it don't really matter what he gets charged with
yeah...tru dat...oh well tho...dats his problem..lol


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