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A security guard at a troubled Brooklyn apartment building watched as a man and his stepson were fatally shot outside their door — and then callously shared the gruesome footage online, a $10 million lawsuit says.
“Somebody was behind the camera,” said Marie Delille, 50, still grieving the loss of her husband and son more than a year after they were gunned down in the Flatbush Gardens building.
“The camera was tracking the shooting,’’ she said of the surveillance device, allegedly being watched by the guard in real time.
The security worker didn’t even call 911 — and then did the unthinkable, posting the footage online, according to Delille and her lawyer.
When Delille ended up frantically dialing 911 for help, the operator made clear that police hadn’t received word of the shooting until she alerted them, she said.
“He didn’t pull the trigger, but he committed a double crime: failing to dial 911 and then putting the video out there,” she told The Post on Friday.
“The whole world watched my husband and son die.”
Delille herself witnessed the Oct. 29, 2023, bloodbath, in which downstairs neighbor Jason Pass shot her 27-year-old son Chinwai Mode and her doting husband of 20 years, 47-year-old school bus driver Bladimy Mathurin.
It was the culmination of years of harassment based on their Haitian background that the family suffered at the hands of Pass, according to Delille and her suit, filed this month against Flatbush Gardens’ owners, Renaissance Equity Holdings and Clipper Reality.
Management knew about Pass’ past “erratic and threatening behavior” — but failed to take action, charges the complaint, which includes claims of negligence and wrongful death.
While the security guard is listed as anonymous in the court papers, Delille is also suing the building based on the employee “releasing from their custody and control the full building surveillance video showing the tragic murders immediately after they occurred and without notice to Plaintiff.”
The surveillance footage of the slaying was going viral on websites such as Worldstar and Facebook — even as first responders were still desperately trying to save Delille’s husband and son, she said.
The footage was solely in possession of the building at the time, the suit says.
“If that security guard was doing his job, I feel like maybe my husband would still be alive,” Delille told The Post.
“I feel like he is responsible for what happened.”
She is charging the building owners with negligent hiring and supervision, plus infliction of emotional distress for the guard’s alleged actions.
“The owners of Flatbush Gardens failed to protect their tenants despite repeated and urgent complaints about safety issues at the property,” said Delille’s attorney, Adam Konta.
“The property owners’ negligence clearly contributed to creating a dangerous environment in which these horrific murders were allowed to occur.”
Konta said they hope to learn more about the guard during the discovery process in the case.
The 59-building complex has a long history of violence, according to the suit, which cites the arrest of nearly 20 gang members there in 2018 and a 2021 life sentence handed to a gang leader operating out of Flatbush Gardens.
Flatbush Gardens and Clipper Reality did not respond to messages left with representatives and on their website.
The suit states that Delille and her family had told the building about Pass threatening them with physical violence, and alerted management “that they were scared for their well-being and did not feel safe when their assailant was on the subject premises.”
They had also filed numerous gripes with the building management about the “lack of adequate security … and the failure to respond to previous complaints made” about Pass, according to the court papers.
Pass had complained that the family of six above him made too much noise after they moved to their apartment at 1418 Brooklyn Ave. back in 2018, Delille told The Post.
But in the months before the shooting, the situation took a serious turn, with Pass reacting more violently, even as the family slept.
“At 2, 3 a.m., he would come upstairs and start kicking at our door,” she said.
Delille recalled one incident when she was home alone, spreading peanut butter on a bagel and dropped her butterknife. Pass was banging on her door moments later.
“It wasn’t [about] the noise — it was us,” she said.
In the hallways, Pass would make derogatory comments about the family’s heritage, saying things like “Haitian people take everything. This is our country, go back to yours,” Delille recalled.
She also believes he made bogus reports to the city’s Administration for Children’s Services claiming she was using drugs and beating her kids.
Those claims couldn’t be further from the truth, Delille said.
Her husband worked a second job at night driving for Uber as she attended nursing school to help pay for their kids to attend private school.
“I was afraid,” she said.
“He was obsessed with us — he wanted to make our lives a living hell.”
Despite the family repeatedly reporting Pass to the building, nothing happened — aside from a security guard advising her to avoid the “crazy” neighbor, she said.
“They said they would speak to him, but they didn’t care,” Delille claimed.
“They never even spoke to us after the killing.”
The building “had a duty to protect” the family, the lawsuit states.
“Nevertheless, they failed to take any action preventing the plaintiffs’ assailant from committing these murders.”
The NYPD said Pass was fatally shot by cops as he charged at them with a knife when they tried to arrest him days after Mathurin and Mode’s murders.
When Delille learned that footage of the horrific double murder had gone viral before the police had even obtained their own copy, she was “shocked.”
“My husband and my son — both of them die in front of me,” she said.
“And security — they had so many times to call 911? Why?”
Delille says that she and her three surviving children are still living through difficult trauma and that she needs to take multiple medications to keep it together after losing her son and husband — who she called her “best friend.”
“He was a good dad,” Delille said.
“He was a good man.”
Despite the still-fresh nightmare, Delille has managed to continue attending nursing school, and is expecting to graduate soon.
“When I don’t have to go to school — those are my worst days,” she said.
