SUN SENTINEL: PROPERTY MANAGER SETTLES LAWSUIT IN FORMER MARINE'S MURDER FOR $1.5 MILLION
Monday, December 8, 2014 at 11:04AM 
Property manager settles lawsuit in former Marine's murder for $1.5 million
November 25, 2014
Shown is David Lawrence Nelson II, 31, lived at Harbor Town Apartment Homes. He was shot to death July 17, 2012 in a parking lot at the apartment complex. Photo courtesy Eldad Efendi Photography (Handout, Sun Sentinel)
The killer struck with no warning. David Lawrence Nelson, 31, a former Marine who moved to South Florida from the Pacific Northwest two years earlier, lay dead of multiple gunshot wounds in the parking lot of the Harbor Town Apartment Homes in Plantation.
The killer, Jaime Vogel, 47, was arrested and charged with murder.
Last year, Nelson's wife, Marla, sued the apartment complex's management company for negligence, arguing that they should have known Vogel was a risk and never should have rented an apartment to his family.
The Greystar Management Company settled Nelson's claim for $1.5 million.
The lawsuit was filed on the premise that a person who rents a property from a landlord or manager expects proper background checks to be conducted on other renters. Nelson had moved into the complex in 2010 with his then-fiancee. They married in September 2011.
The slaying took place on July 17, 2012. No motive was ever determined. Witnesses at the time said they were unaware of any lingering disagreement between Nelson and Vogel.
Frank J. Mari, executive director of the South Florida Property Management Association, said background screenings are not required by law, but they are recommended by common sense. A landlord, whether he owns a single family residence, a duplex or a complex, checks a potential tenant's background to make sure he'll pay the rent and to provide legal cover in a negligence claim.
"They definitely should take the time to make sure they have reputable tenants," he said. "I have a responsibility as a property manager to the owners and to the community, the other renters, to keep a safe place."
Most landlords know this and conduct background checks, even without a law saying they must do it, Mari said. His association has more than 3,600 members representing rental properties and condominiums in Palm Beach, Broward and other counties.
Christopher Marlowe, attorney with The Haggard Law Firm who represented Marla Nelson, said Greystar had run a background check that revealed Vogel had previously lived in another Plantation property managed by the same company, and that he had been evicted for causing disturbances and making death threats against other tenants.
"The failure by Greystar was in not actually reading the background screening that they had in place," said Marlowe. "They had all the background they needed to know they had been lied to by the applicant," who claimed he had never before lived in a Greystar-managed property.
"How could you possibly represent to anyone that you're offering a safe place to live if you're not paying attention to your own background checks?" Marlowe said.
Vogel never went to trial for the crime. He committed suicide at the Broward Main Jail last March 8. Nelson's wife has since returned to Washington, her lawyer said.
Because it was a negotiated settlement, the outcome of the case won't set any legal precedent.
James Shaw, the attorney who represented Greystar, could not be reached for comment, despite phone messages left at his Miami office.
Negligence suits against property managers stemming from murder cases are rare. When they do arise, they tend to be over security lapses, not failed background screenings, said Mari.
Marlowe said the circumstances leading to the Nelson lawsuit were unusual because security was not an issue and a background check was conducted — "it just wasn't read."
rolmeda@sunsentinel.com, 954-356-4457, Twitter @SSCourts and @rolmeda
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