In February, Benny Tiller, 11, was found guilty of first degree murder and sentenced to state custody until he turned 19, reports CBS News.
Dyer’s parents are now filing a wrongful death lawsuit against the boy’s parents, arguing that they had a duty to keep their son from hurting others with guns. The lawsuit accuses the parents of grossly negligent conduct for allowing the boy access to loaded firearms.
According to CBS News, the lawsuit is seeking $5 million for punitive damages and an additional $5 million for medical and funeral expenses, pain, and suffering.
The lawsuit stems from an incident in October 2015 at the mobile home park where Dyer and Tiller were neighbors in White Pine, Tennessee.
Tiller asked Dyer and her sisters if he could see their puppies, but Dyer refused. In response, Tiller told the girls that he had guns, but Dyer laughed and claimed they weren’t real.
According to CBS News, Tiller made sure the 12-gauge shotgun was loaded, cocked, and ready before aiming and firing the gun at Dyer, hitting the 8-year-old girl above the heart.
Dyer would later die from the gunshot wound.