GREEN BAY – A federal judge has dismissed a lawsuit filed against an online firearms marketplace by the father of a woman fatally shot by her estranged husband in Harrison in 2018.
Sara Schmidt, 40, a mother of three, was killed by her husband, Robert Schmidt, 49, on Jan. 9, 2018. He shot her in the driveway of his parents’ house, then fled to the backyard, where he took his own life.
Sara Schmidt’s father, Richard Webber, who serves as the administrator of Schmidt’s estate, filed a lawsuit against Armslist, claiming the online firearms marketplace allowed Robert Schmidt to illegally obtain the gun used in the homicide as a result of “reckless and unlawful business practices.”
Robert Schmidt wasn’t allowed to have a gun due to an ongoing domestic violence case — also involving Sara Schmidt. Robert Schmidt used Armslist to connect with a 19-year-old private seller and bought a handgun for $550 in a Walmart parking lot a day before he fatally shot his wife. While federal law requires background checks for sales by licensed gun sellers, no such requirement exists for private sales.
In a decision filed Tuesday, U.S. District Judge William Griesbach dismissed Webber’s lawsuit against Armslist, concluding Robert Schmidt’s actions “constituted a superseding cause, alleviating” Armslist of liability for Sara Schmidt’s death.
“There is no reason to believe that even if Schmidt’s estranged husband had not purchased a gun from a person who posted an advertisement on the Armslist website, Schmidt would still be alive,” Griesbach’s decision says. “Armslist is hardly the only source of guns in this country, and one does not need a gun to take another person’s life.
“Schmidt was killed by a person so determined to take her life, so consumed by hatred, that he was even willing to take his own. The likelihood that such a person would have found another source from which to obtain a firearm or another way to take Schmidt’s life is more plausible than plaintiff’s claim that she would still be alive.”