An armed Walgreens employee shot a pregnant woman he suspected of stealing lipstick seven times in a parking lot confrontation last year that prompted an emergency cesarean section to deliver the baby and lifelong health problems, a new lawsuit says.

Travonsha L. Ferguson, 25, was shot on April 12, 2023, at the Walgreens store at 2500 Gallatin Road in Nashville.

It happened when the employee, who didn’t identify himself, aggressively confronted, cursed and screamed at Ferguson and her friend about the alleged stolen merchandise, and Ferguson sprayed the employee with mace “in fear of imminent bodily harm to Baby Ferguson and herself,” court documents obtained by HuffPost said.

The shooting prompted an emergency cesarean section to deliver the baby prematurely. The boy survived, but the now 11-month-old has a heart defect, and his mother requires the use of a colostomy bag, court documents said.

The employee who shot her was terminated. He was not charged with a crime after he claimed self-defense, saying he didn’t know if Ferguson and her friend were armed and he feared for his safety and didn’t know if they were armed, police said in a news release.

“I would believe the situation of self-defense if one shot, but it’s impossible to shoot seven times with such accuracy if you’ve been maced — which he was not,” said L. Chris Stewart, Ferguson’s attorney, in a news conference, local CBS affiliate WTVF reported. “We believe it was sprayed at him or in the air when they were surprised — as any pregnant mother would do who gets surprised by somebody running up on them screaming slurs.”

Police said the bloodshed happened when another employee notified the store team leader that two females were stealing items. The team leader told police he started recording the women on his cellphone when he saw them placing items into a cart and a large over-the-shoulder bag, then followed them outside when they left without paying for the merchandise, police said.

He told police he made his way to the rear of the car as the women loaded items into the trunk. He pulled his semi-automatic pistol and fired after one of the women sprayed him with mace, authorities said he told investigators.

After the shooting, the women drove off, and he called 911.

The woman who was with Ferguson dropped her off at a hospital and drove away, officials said.

Ferguson was charged with assault and theft of $1,000 or less, court records show. Her attorney would not comment on the charges, according to local ABC affiliate WKRN-TV.

But he said shoplifting accusation or not, following her to the parking lot and shooting was “negligent and against policy, provided the employee had been trained properly, and Walgreens must be held accountable,” local NBC affiliate WSMV reported.

“Ms Ferguson did nothing at all to deserve to be shot this many times. A witness even said it sounded like the full clip was emptied,” Stewart said, WTVF reported.

Shantanica Ferguson said her daughter did not deserve this.

“It’s been a long ride, and it’s not fair,” she said. “She deserves justice.”

Walgreens did not immediately respond to a request for comment from Law&Crime, but in a statement after the shooting, the company said, “The safety of our patients, customers and team members is our top priority, and violence of any kind will not be tolerated at our stores. We take this matter seriously and are cooperating with local authorities.”

 

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