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Posted: 2024-04-12T14:40:48Z | Updated: 2024-04-12T14:40:48Z

A group of media organizations and far-right podcasters were hit with a libel lawsuit last month after sharing an image of a man they wrongly identified as a neo-Nazi mass shooter.

Texas man Mauricio Garcia, 36, alleges several media organizations, including Fox News and Newsmax, used an image of him in their coverage of a mass shooting last year that falsely linked him to the real shooter.

The real gunman a 33-year-old white supremacist who killed eight people and wounded seven others at an outlet mall in Allen, Texas before he was fatally shot by police shares the same name as the plaintiff.

In their haste to cash in on the eagerness of viewers and readers to learn the identity of the May 6, 2023 mass shooter at the outlet mall in Allen, Texas, several media organizations recklessly disregarded basic journalistic safeguards and published the photo of an innocent man, branding him as a neo-Nazi murderer to his local community and the nation at large, the lawsuit, filed March 26 and obtained by HuffPost, alleges.

Among the defendants accused of sharing the innocent mans photo are far-right podcasters Tim Pool and Steven Crowder, along with Infowars host Owen Shroyer. Other media organizations named as defendants include the conservative cable channels Fox News and Newsmax; entertainment blog Hollywood Unlocked, TelevisaUnivision, the parent company of Spanish-language broadcaster Univision; and foreign policy news site Today News Africa.

The lawsuit says the news organizations misidentified the shooter between May 7 and May 9.

Fox News, for instance, is accused of publishing 36-year-old Garcias image on FoxNews.com in a story about the gunman.

Fox News Network, LLC refused to publish a retraction within 30 days, the lawsuit says. Indeed, no retraction has ever been published. Fox completely ignored Plaintiff and never responded.

HuffPost reached out to the defendants in the case but did not receive a response back.

Garcia is being represented by Mark Bankston of the law firm Farrar & Ball, as well as attorney Greg Adler.

Bankston previously represented two Sandy Hook parents who won $45 million in damages against conspiracy theorist Alex Jones, after Jones spent years falsely claiming the 2012 school shooting never happened on his Infowars show. Bankston is also currently representing a 22-year-old Jewish man who alleges he was falsely linked to a neo-Nazi brawl by billionaire Elon Musk.

Garcias lawsuit contains a letter his mom sent to a Univision journalist after she saw her sons photo on the network. The letter, written in Spanish, said her sons only sin was to be called the same Mauricio Garcia, according to the lawyers translation.

They have made a very serious mistake, they have destroyed my life and that of my family, Mauricios grandfather, my son was scared to death!!! she wrote. I am going to send you the photo that is my son and I have received death threats and hatred!!!

Heres Where We Get Into The Psyop

Following the shooting, details began to trickle in about the real gunmans identity.

Mauricio Garcia, 33, wore a patch during the shooting with the letters RWDS, or Right Wing Death Squad on it a common sight at extremist gatherings, including at the deadly neo-Nazi rallies in Charlottesville, Virginia in 2017. And posts from the gunman on Russian social media revealed he had a large swastika tattoo .

We do know that he had neo-Nazi ideation, Hank Sibley, North Texas regional director for the Texas Department of Public Safety, said at a press conference following the massacre. He had patches. He had tattoos. Even his signature verified that.