1:15 AM PST, Thursday, January 27, 2000

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From The Associated Press
EUGENE, Ore. (AP) –The family of a student wounded in the Thurston High School shootings has dropped a $250,000 lawsuit against killer Kip Kinkel and his family’s estate.

The family of Richard Peek Jr. dropped the lawsuit after the 19-year-old Peek died in a hunting accident Oct. 5.

They had alleged that Kinkel was negligent for firing guns in the school and that his parents were negligent for entrusting a firearm to their son because they knew he was mentally disturbed. Kristin Kinkel, Kip’s older sister, was named as the representative of her parents’ estate.

“The Peek family chose to dismiss the case after their son’s unfortunate and tragic death,” said Dwight Purdy, the family’s Springfield lawyer. “They still believe the Kinkels share some responsibility (for the school shootings).”

Kinkel, 17, is serving a 112-year prison term for killing his parents on May 21, 1998, and opening fire in the Thurston cafeteria the next day. Two students were killed.

Peek was wounded in the left arm, but survived the shootings. According to the lawsuit, he suffered from post-traumatic stress syndrome.

A second lawsuit from another shooting victim is pending against the Kinkel estate.

Loretta Miltonberger filed a $14.5 million suit on behalf of her daughter, Teresa, who was 16 when she was shot in the forehead during Kinkel’s rampage.

No trial date has been set in the Miltonberger case. Lane County court records indicate that a judge has exempted the case from scheduling rules that generally bring suits to trial within one year of being filed.

Salem lawyer Ken Ammann, who represents Kristin Kinkel, said the scheduling exemption was granted because the lawsuit could potentially involve hundreds of witnesses, and because more time was needed to prepare the case.