ORLANDO, Fla. — The wife of injured Orlando Police Officer Kevin Valencia is suing the estate of the man who shot her husband and the apartment complex where the gunman lived.

  • Officer Kevin Valencia's family seeking damages in excess of $15,000
  • Valencia remains at undisclosed Orlando-area health facility
  • A free Pitbull concert will be held to raise funds for Valencia family

Valencia, 27, was shot June 10, 2018, during a domestic violence call, where he was trying to save four children being held hostage.

The gunman, Gary Wayne Lindsey Jr., 35, killed his four young children before turning the gun on himself. 

Ten months later, Valencia remains in a coma with critical injuries.

The lawsuit was filed in Orange County Court on behalf of Valencia, his wife and their two young children, and is seeking damages in excess of $15,000.

The suit specifically names Lindsey’s estate as well as the owners and property managers of Westbrook Apartments in Orlando, where Lindsey lived with his girlfriend and their children.

The lawsuit alleges that the apartment complex managers were negligent in allowing Lindsey to live there because of his extensive criminal background.

"Lindsey was a violent career criminal, with multiple arrests and/or convictions for violent crimes, including aggravated assault with a deadly weapon, domestic battery, a conviction for first-degree arson of a dwelling, fleeing and evading police, as well as numerous other offenses," the lawsuit states.

The lawsuit says that when Valencia arrived at the apartment on the day of the standoff, Lindsey's girlfriend gave Valencia a key to the apartment, but it didn't work.

Unable to gain entry into Apartment #127, using Ms.'s key, believed to be due to a defective lock on Apartment #127, KEVIN was forced to attempt to kick in the door of Apartment #127," the lawsuit states. "After making several attempts to kick in the door, but before gaining entry through the door, LINDSEY fired a gunshot from inside Apartment #127 through the door, which struck KEVIN in the head."

The lawsuit cites a series of claims, including permanent physical damage, pain and suffering, and mental and emotional distress.

Since the shooting, Valencia has shown slight improvements, Orlando Police have said, but he remains in a coma in an undisclosed Central Florida health facility. He returned to the area after spending several months at the world-renowned Shepherd Center in Atlanta, where he got specialized care.

"The Shepherd Center was really, really amazing, and they did a lot with him," Meghan Valencia told Spectrum News 13's Erin Murray in March. "But Kevin had 11 surgeries up there. With each surgery, he sort of took a step back. And the last month that he was up in Atlanta, he really wasn't doing anything."

Although progress is slow, Meghan Valencia says she is hopeful that her husband will continue to make improvements. She said in March that her husband's biggest success is when their kindergarten-aged son, Kaleb, is with him.

"If he says, 'Daddy hold my hand,' Kevin will open up his hand and close it around Kaleb's hand," Meghan Valencia said. "That is actually really, really new, so it was really, really exciting to see him do that."

The extensive medical care for nearly a year also means extensive bills that continue to pile up. It is unclear how costly the care has amounted to at this point.

Orlando-area attorney Dan Newlin is sponsoring an upcoming free Pitbull concert to raise funds for Valencia’s family and their care. The concert is scheduled for 6 p.m. Saturday, June 1, at the Central Florida Fairgrounds.