The families of two hospital workers killed at Methodist Dallas Medical Center in a 2022 shooting have filed two separate lawsuits seeking to hold accountable the gunman, the hospital system and the Texas Board of Pardons and Paroles.
A Dallas County jury convicted Nestor Hernandez last year of capital murder for shooting and killing social worker Jacqueline Pokuaa, 45, and nurse Katie “Annette” Flowers, 63, on Oct. 22, 2022. Hernandez is serving a life sentence in prison for the murders without the possibility of parole.
At the time, Hernandez was wearing an ankle monitor while on parole for aggravated robbery but had permission to be at the hospital for the birth of his and his girlfriend’s son. Sarah Flowers, Katie Flowers’ daughter, sued Hernandez and the Texas Board of Pardons and Paroles in June, alleging the board failed to take appropriate action after Hernandez’s six ankle monitor violations, two of which were resolved due to errors, with knowledge of his criminal history.
“Board employees failed to properly record interactions with Hernandez, document violations, elevate sanctions, and take appropriate responsive action, despite the case management systems containing tangible information about Hernandez‘s non-compliance,” the suit reads. “This negligent use or misuse of the tangible case management property proximately caused the death of Katie Annette Flowers.”
Attorneys for Sarah Flowers declined to comment on the case. Representatives for the Texas Board of Pardons and Paroles did not immediately return a request for comment.
Hernandez’s defense attorney, Paul Johnson, said he does not represent Hernandez in the civil lawsuits. Court documents do not show Hernandez has a civil attorney.
Hernandez and his one-time girlfriend Selena Villatoro both took the stand during his trial in November. Hospital camera footage showed Hernandez entering the hospital’s labor and delivery floor with a beer can the day after Villatoro gave birth. After an argument between the two escalated, Villatoro said Hernandez hit her over the head with a gun and threatened to kill her, himself and anyone else who came into the room.
Hernandez shot Pokuaa in the head when she arrived to perform a routine check on Villatoro. He then shot Flowers, who was in the hallway, moments later. He testified he shot both women unintentionally while he was in a panic and coming down from a drug high that day.
A KERA News review of county records showed Hernandez had been convicted of multiple felonies prior to the shooting, including robbery, burglary, and possession of a controlled substance. Court records showed he avoided more serious charges and sentencing related to his criminal history because of plea deals he reached.
Pokuaa’s mother, Cecilia Agyeiwaah, filed a suit in May against Hernandez and Methodist on behalf of her daughter’s estate and Pokuaa’s son, who is a minor and was unnamed in the suit. It alleges Methodist should have implemented better security measures in anticipation of Hernandez’s arrival at the hospital because of his criminal history and a history of high crime in the area surrounding the hospital.
Hernandez was able to enter the maternity floor without signing in as a visitor or having his paternity wristband scanned by a hospital employee, according to the suit. It alleges Methodist employees, including first responders, repeatedly voiced their concerns over security.
“That’s a big issue in that if there’s policies in place such that the labor and delivery floor is a protected floor, those policies need to be followed, or else it almost does more harm than good,” said Paul Green, one of Agyeiwaah’s attorneys.
The lawsuit’s claims were pulled from testimony and evidence presented during the trial, Green said, and his side seeks to uncover more through the discovery process. Agyeiwaah’s attorneys were not confident they could sue the Texas parole board without running into governmental immunity issues.
A spokesperson with the Methodist Health System did not immediately respond to a request for comment on the lawsuit and security measures implemented after the shooting.
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