The security guard injured in a shooting at a UT Sigma Chi party last September is now suing the fraternity and the accused shooter for $5 million in damages for the assault and infliction of emotional distress, according to KXAN News.

Edward Leroy Earls, a 44-year-old guard with the Austin-based security company Specialized Worldwide Protection, was hired as a guard for a party at the fraternity on Sept. 11 last fall. According to an arrest affidavit, 18-year-old Daniel Magee was at the fraternity house at 2701 Nueces St. and was forcibly removed for unruly behavior.

Police reported that when Magee got to the front gate, he threatened to return to the party with an AK-47 rifle and “shoot up the place.” At 3 a.m., about 45 minutes later, Magee returned to the party with two of his roommates. Magee pulled out a gun and fired in the direction of Earls, shooting him in the foot.

Earls’s lawsuit argues the fraternity knew a violent crime against him was imminent but failed to take any preventative measures.

Magee, who is not a member of the Sigma Chi fraternity, was arrested early that Monday morning and charged with aggravated assault with a deadly weapon, with a bond set at $50,000. Magee and his roommates were not registered students. Magee later admitted to being on Xanax and being heavily intoxicated the night of the shooting.

Police later searched Magee’s apartment and found an AK-47 rifle and a .40 caliber weapon but did not find the weapon used in the shooting. Magee told the police that he discarded the weapon after the shooting but could not remember exactly where, according to KXAN.

“We are saddened by the incident that occurred after the tailgate event we hosted at our chapter house following last Saturday’s football game,” Sigma Chi said in a statement released after the incident last fall. “We will continue to work closely with local law enforcement as they prosecute this case and will take every action necessary to ensure the health and safety of our members and guests at future events.”

Magee is expected to appear in court on Jan. 6.

Magee Affidavit by The Daily Texan on Scribd