Family sues for wrongful death

Attorneys for the mother of a man shot and killed last year at a Fourth Avenue residence have filed a wrongful death lawsuit against the alleged shooter.

The lawsuit, filed this week in Seneca County Common Pleas Court on behalf of Angela Lands, the mother of Thomas A. Nally, 24, of McCutchenville, is seeking more than $25,000 from Damian B. Magers, 22, of Tiffin, according to court documents. It is alleging intentional misconduct, willful and wanton misconduct, reckless conduct and negligence.

Magers allegedly shot and killed Nally Feb. 1, 2013, at 199 Fourth Ave. The two men had been visiting the residence when the shooting occurred. According to court documents, Magers had picked up a gun to look at it when it went off and shot Nally.

Magers, who was intoxicated at the time of the shooting, was arrested and charged with reckless homicide, a third-degree felony. Magers has pleaded not guilty to the charge, and a jury trial is scheduled to begin Feb. 24.

The civil lawsuit also is seeking a jury trial, according to court documents.