Lawsuit filed against owner of Clé Nightclub in Houston after shooting

HOUSTON - A lawsuit has been filed after a man was shot in the head at a nightclub in Houston earlier this week, attorneys announced Friday.

Houston attorneys Randy Sorrels, Alexandra Farias-Sorrels, and Kyle Knizner of Sorrels Law, filed suit against Club 2301, LLC, the owner of Clé Nightclub in Houston on behalf of Kendell Stewart – the man who was shot – and his two children, according to a press release.

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According to Houston police, the shooting occurred around 1:21 a.m. Monday at the Clé nightclub in the 2300 block of Main Street. Police say three patrons were shot in the club, and an off-duty deputy working as security shot an armed suspect.

The suspect and another patron died at the scene. Two other men were taken to the hospital. One was treated for a gunshot wound and released, and the other man was in critical condition.

RELATED: 2 dead, 2 injured in shooting at Houston nightclub

Attorneys say the family is seeking a temporary restraining order securing all video footage and evidence from the nightclub for May 30, 2021 and May 31, 2021.

"Recent history from Clé Nightclub reveals a pattern of concerning activity. The reports are troubling, and we hope to secure the video and witness statements through a temporary restraining order," noted Randy Sorrels.  "We will investigate the club’s history in the hiring, vetting and training of the bouncers and security personnel. Also, we will look at the security policies and procedures employed by Clé to determine what level of security was provided." 

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Stewart’s parents questioned the club’s security in an interview on Friday.

"How did you allow a gun to get in that club?", asked Kenneth Stewart, the victim’s father. "The gun had to get in there, and it had to come through the front door. Where is the security at?"

"My son could have been dead," said Olivia Stewart, the victim’s mother. "He has 2 children he could have left behind. With nobody knowing how a weapon was brought into your establishment, that doesn’t sit well with me."

In the last week, Houston police have responded to at least 18 shootings.

"When you combine guns, booze, and people in close proximity, bad things can happen," said Mayor Sylvester Turner said on Thursday during a news conference. "[Recent gun violence] is not a Houston phenomenon. This is a national phenomenon."

"I want to meet with club owners sometime next week," said HPD Chief Troy Finner. "You can’t have people going into the clubs when the violence is up like this, and everybody is going in there with guns, and you don’t have a metal detector."

FOX 26 tried reaching out to the owners of Cle, but as of Friday evening, we hadn’t heard back.

According to a spokesperson from the Texas Alcoholic Beverage Commission (TABC), the Cle’s liquor license was suspended for a week. That suspension is set to end June 8, 2021.

"I don’t think [Cle] should ever open again," said Kenneth. "It’s a nuisance. I’m not satisfied because the cop killed the suspect.  That’s not good enough for me. This could happen again. I want to see that it doesn’t happen to the next child."

Attorneys say Stewart remains in critical condition at Memorial Hermann with a gunshot wound to his head, and his family is hoping he will make some type of recovery.