Eyewitness News has learned that a $100 million lawsuit against the state on behalf of two Sandy Hook Elementary School parents has not been withdrawn as of Tuesday afternoon, but could be, according to the New Haven-based attorney, who filed the claim.
According to Attorney Irving Pinsky, there is not a withdrawal on file with the Connecticut claims commissioner as of Tuesday afternoon, but there could be one in the near future.
Pinsky filed the original claim Thursday and previously told Eyewitness News that Connecticut "did not do enough to provide for their safety," referring to the children at Sandy Hook Elementary school.
"The fact is we have to work harder to stop it from happening again, because if we don't affectuate sophisticated scientific methods to stop it, it's gunna happen again," he said.
Adam Lanza shot and killed his mother while she slept earlier this month, and then went to Sandy Hook Elementary School where he shot and killed 20 children, six adults and then killed himself as police moved in.
Pinsky, who has more than 20 years of personal injury experience, also previously told Eyewitness News that Connecticut as well as other states are "failing to protect the children from guns."
"My intention in the whole matter is to stop the violence in the schools, which can be done," he said Tuesday.
Pinsky told Eyewitness News he has been the subject of hundreds of threats, including death threats.
On Tuesday, Eyewitness News visited Pinsky's office in New Haven. However, he at first refused to talk with the station and asked us to leave his property.
The Stamford Advocate reported Pinsky withdrew the suit, but said he might refile. He said he received new evidence on security at Sandy Hook Elementary School and is reviewing it.
However, Pinsky told Eyewitness News that the claim a withdrawal was not yet in the commissioner's office, but probably be filing one.
"The intent of this filing, or lack of filing, withdraw or whatever you want to call it is to calm the waters of all the stress some people seem to feel about this," he said.
Pinsky told Eyewitness News the he has a year to file.
"We will reserve all rights anyway's, so what's the difference?" he said.
Pinsky said he apologized for offending anyone, but he said people were upset about him filing "too early."
"But, the sooner you get the evidence the better off you are," he said.
On Monday, Attorney General George Jepsen's office released a statement, in which he said that he was "aware of no facts or legal theory under which the state of Connecticut should be liable for causing the harms inflicted at Sandy Hook Elementary School."
"The proposed lawsuit is utterly groundless," Jepsen told Eyewitness News Tuesday. "The facts don't support the contention the state somehow showed neglect."
Jepsen said he would defend the state in a potential lawsuit.
"I hope it is withdrawn. It is sad for the tragedy to play out in a courtroom or the commissioner's office," he said. "I hope it does get withdrawn but if not, we'll defend the state and taxpayers of Connecticut."
The Connecticut State Police are still investigating a motive for the killings.
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