Wrongful death lawsuit filed in Fitbit homicide case - WFSB 3 Connecticut

Wrongful death lawsuit filed in Fitbit homicide case

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The sister of a woman fatally shot in her Connecticut home in 2015 has filed a wrongful death lawsuit against the victim's husband. (WFSB file photo) The sister of a woman fatally shot in her Connecticut home in 2015 has filed a wrongful death lawsuit against the victim's husband. (WFSB file photo)
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ELLINGTON, CT (WFSB) -

The sister of a woman fatally shot in her Connecticut home in 2015 has filed a wrongful death lawsuit against the victim's husband.

The lawsuit was filed on Nov. 22 by Marliese Shaw against Richard Dabate Jr., and seeks unspecified monetary damages. Dabate was charged in April with his wife's murder.

Richard Dabate told investigators a masked man shot Connie Dabate and tied him up in Ellington.

But police say evidence, including information from his wife's Fitbit activity tracker, contradicts his story and shows she was moving around an hour after he said she was killed.

Shaw is the executor of her sister's estate and has also asked a probate judge to order that Richard Debate return more than $70,000 taken from his wife's estate after she died.

A wrongful death lawsuit is filed when a person dies due to the legal fault of another person.

It's usually family members who file the lawsuit for lost wages from the person who died and funeral expenses.

In the lawsuit against Richard Dabate, it claims "the Defendant owned a Ruger .357 revolver."

It continues to say "projectiles removed from the Decedent's gunshot wounds of the head and abdomen were fired from the Defendant's revolver,” and "the Defendant caused the death of the Decedent on the morning of December 23, 2015 by fatally shooting her with his revolver in their family home."

It goes on to say Connie Dabate's death was caused by "negligence and carelessness" as Richard Dabate “he failed to exercise reasonable care in the handling of his firearm resulting in the discharge of bullets into the Decedent." 

The lawsuit shows Shaw is suing for more than $15,000.

Last month, Richard Dabate's criminal attorney filed paperwork in an effort to drop the murder charge, saying he won't get a fair trial after a judge categorized him as a killer, even though he hasn't been convicted.

Richard Dabate has two attorneys working on this case, but neither returned request for comment.

Shaw’s attorney also had no further comment on the lawsuit.

Richard Dabate is due back in court for the murder charge after the new year. 

Copyright 2017 WFSB (Meredith Corporation). The Associated Press contributed to this report. All rights reserved.