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Friday, September 30, 2022

Advisor shot by now-dead colleague is suing the shooter's son - Citywire USA

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The Morgan Stanely advisor who was shot at his Oklahoma City office by a fellow advisor is now suing the son of that now-deceased ex-colleague.

Christopher Bayouth, 61, was hospitalized due to injuries from the June 30 shooting. He filed a civil lawsuit against his ex-colleague, Leonard Bernstein, and Bernstein’s widow, Sheryl Bernstein, in the days following the incident. 

Bernstein, who was 90, died on July 28. His eldest son, David Bernstein, petitioned to become executor of his will; a judge granted David Bernstein’s request earlier this month. 

Through his attorney, Bayouth successfully filed to substitute David Bernstein as a defendant in place of his late father, court records now show.

Sheryl Bernstein had been in line to become executor of the will before David Bernstein took over the role. She requested that the court halt proceedings in the civil suit after David Bernstein became executor, but that request was denied. 

Before the change occurred, an attorney for Bayouth told Citywire he believed the Bernstein family was attempting to change executors in order to protect assets from a civil suit. 

Leonard Bernstein

The June shooting occurred at Morgan Stanley’s 6305 Waterford Blvd. branch (pictured), in the northern reaches of Oklahoma City. 

Leonard Bernstein, who was terminated by Morgan Stanley the following day, faced the criminal charge of assault and battery with a deadly weapon; the charge was dropped after his death. The picture above is a mugshot taken after his arrest.

A July petition in Bayouth’s civil lawsuit claims that Leonard Bernstein’s widow acted negligently as his primary caregiver. Specifically, it claims that she failed to restrict his driving and his access to firearms, also noting she had ‘a duty to ensure that Mr. Bernstein was properly taking his medications.’ 

The legal petition echoed concerns raised by former colleagues of Bernstein’s that the elderly advisor struggled with mental health challenges near the end of his life. According to the petition, Bayouth, 61, had incurred at least $200k in medical expenses as a result of his injuries. He was treated for his wounds in a local hospital but has since been released

A 34-year industry veteran, Bayouth first registered with Morgan Stanley as a broker in 1997 and is currently a dually registered advisor and broker-dealer with the company.

David Bernstein, for his part, is an attorney based in Norman, Okla., who has run his own practice. An online biography states that Bernstein has over 30 years of experience in personal injury and insurance cases. 

Neither David Bernstein nor his attorney in the case have returned requests for comment. 

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Advisor shot by now-dead colleague is suing the shooter's son - Citywire USA
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