The widow of a 34-year-old man fatally shot in a James City County grocery store last year is suing the man who killed her husband for $5.35 million.
Kristy Maness, of Providence Forge, filed a wrongful death lawsuit against 57-year-old Brian Alexander Hicks last fall, seeking a $5.35 million in damages for “sorrow, mental anguish, and loss of solace” and other financial damages in the death of her husband, according to court documents.
Hicks shot Gabriel Maness April 17, 2016 in the Norge Farm Fresh, an act considered “inexplicably, without warning and without any just cause or provocation,” according to court documents.
The civil suit was filed in the Williamsburg-James City County Circuit Court Nov. 8, about 6 months before Hicks was found not guilty of murder by reason of insanity on May 2, documents state.
On the heels of the verdict, Gabriel Maness’ father, Jim Maness, said he was “sorry to say the outcome of the trial went as it did.”
The hole left in the Maness family is substantial, family members have said.
Gabriel Maness has been remembered by family as “sweet and lovable” and someone who “just did the right thing.”
Records state Kristy Maness is seeking a jury trial in the civil suit, although no hearing has been scheduled, according to online court documents.
The shooting
Hicks was found not guilty by reason of insanity after hours of testimony May 2, describing his unusual behavior and mental state leading up to the shooting.
On April 17, 2016, Hicks entered a Farm Fresh supermarket located at 115 Norge Lane, according to police.
Minutes after entering the store around 8 a.m., while out of view of security cameras, Hicks shot Maness several times in the head and body, James City County Police Investigator Josh Drury testified during Hicks’ trial.
A medical examiner’s report determined Maness died from a gunshot wound, Green said.
Police said Gabriel Maness and Hicks did not know each other, and court documents filed by Kristy Maness state Hicks shot Gabriel Maness “inexplicably, without warning and without any just cause or provocation.”
“The nicest guy you will ever meet”
Family members previously described Gabriel Maness as “the nicest guy you will ever meet,” adding that “he’s funny, he’s animated… he’s just one of those guys that you want to be around.”
The $5.35 million will compensate for “sorrow, mental anguish, and loss of solace, including society, comfort, guidance, kindly offices and advice,” loss of income, loss of services, protection, care and assistance and funeral expenses, documents state.
Kristy Maness and the couple’s two “infant” daughters are listed as beneficiaries in the wrongful death suit. Their youngest daughter was born shortly after the shooting.
In an April 2016 interview with WYDaily, Gabriel Maness’ brother Rick recalled his brother as someone who attracted “attention and people,” not just for his size – he was 6-feet-4-inches tall – but also for his personality.
Rick called Gabe the “engine that made the house run,” working in heating, ventilation and air conditioning while also caring for Brielle as “Mr. Mom” when Kristy Maness was deployed.
Jim Maness said Wednesday that his daughter-in-law “has enough grief.”
Putting a pause on the case
Due to Hicks’ “disability,” the court appointed a Guardian Ad Litem to the case on Feb. 2, court records show. A Guardian Ad Litem is an attorney tasked with representing and protecting the “interests of a person under a disability,” according to court documents.
On Jan. 30, a judge granted a motion by Guardian Ad Litem Patricia Dart to postpone a judgement in the case to “fully investigate this matter.”
The motion also asked the court to wait to move the civil case forward until a determination was made regarding Hicks’ mental status at the time of the murder.
Dart declined to comment on the case when asked May 9.
The case is listed as “active” in online circuit court records, although there are no future court hearing dates listed.
Kristy Maness’ attorney, Lisa Mallory, did not return a phone message or email requesting comment.
“I am saddened to think that some people who are struggling to make ends meet have to pay taxes to take care of a killer,” Jim Maness said Wednesday. “I think that the insanity law should be stricken from the books as many states have done.”
WYDaily archives were used in this story.
Fearing can be reached at [email protected].
