AIKEN - The express company that hired a convicted felon to deliver packages should be held liable in the 2000 killing of Aiken teen Jessica Carpenter, the girl's father claims in a lawsuit.
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Charlie Carpenter accuses Seattle-based Airborne Express Inc. and a now-defunct Augusta subcontractor of negligence in the rape and strangulation of his 16-year-old daughter, according to a wrongful-death claim filed in Aiken County Common Pleas Court on July 25, less than a week before the three-year anniversary of her death.
The suit alleges that murder suspect Robert Atkins gained entry into the Carpenter house while wearing his Airborne Express delivery uniform and that the company failed to perform a background check on him.
Authorities have said Mr. Atkins, who was identified as a suspect in the killing last September through DNA analysis, had delivered a package to the home a few days before the killing.
Though he had a criminal record that included felony burglary, escape and weapons charges, neither Airborne Express nor its subcontractor, Moore's Express, performed a background check, the suit claims.
An attorney for the Carpenter family said Thursday that the company didn't make regularly run background checks on delivery drivers hired by subcontractors.
"They took the position that it wasn't their responsibility, and we vigorously disagree," Atlanta attorney James L. Ford Sr. said. "Atkins was, according to Airborne, an employee of Moore, but he was certainly provided with an Airborne uniform and vehicle."
A representative of Airborne Express acknowledged that the company had been served with the suit.
"As a matter of policy, we don't comment on pending litigation," Airborne Express spokesman Rob Mintz said.
No listed phone number could be found for Moore Express Inc. or its owner, C. Dwayne Moore. The defendants have 30 days from the date of service to respond to the suit.
Citing a gag order issued by General Sessions Court Judge Diane Goodstein, 2nd Circuit Solicitor Barbara Morgan would not comment on whether Mr. Carpenter's lawsuit would have an impact on the separate criminal proceedings against Mr. Atkins, who also is named as a defendant in Mr. Carpenter's civil suit.
"I don't think it would be appropriate to give an opinion on that at this time," Ms. Morgan said.
Mr. Ford, however, said he spoke with Ms. Morgan before filing the suit and delayed the filing until an agreement could be reached between prosecutors and defense attorneys on whether evidence gathered in the civil suit would be admissible in the criminal trial.
The suit was filed before the Aug. 4 anniversary to avoid the three-year statute of limitations from expiring, Mr. Ford said. It seeks unspecified real and punitive damages.
"We remain very sensitive to the prosecution's case," Mr. Ford said.
Reach Stephen Gurr at (803) 648-1394.
