AUSTIN (KXAN) — A security guard injured in a shooting at a University of Texas at Austin fraternity party last September is now suing the fraternity and the accused shooter.

Edward Leroy Earls, a Specialized Worldwide Protection security guard hired for the party on Sept 11, 2016, claims members of the fraternity failed to alert police to the suspect. The lawsuit argues they knew a violent crime against Earls was imminent but failed to take any preventative measures.

Police say Daniel Magee, 18, was partying at the Sigma Chi fraternity house at 2701 Nueces St. when had to be removed by Earls for causing problems. In an affidavit, officers say Magee admitted to being heavily intoxicated at the time.

Daniel Hamilton Magee (Austin Police Department)

When Magee got to the front gate, he threatened to come back to the party with an AK-47 “to shoot up the place,” the affidavit continued. Around 45 minutes later, Magee returned and fired a single shot in the direction of Earls, striking him in the foot.

A search of Magee’s apartment in West Campus yielded an AK-47 as well as a .40 caliber weapon, but not the weapon that was used in the shooting. The teenager told police he discarded the weapon after the incident.

Earls is seeking $5 million in damages for the assault and infliction of emotional distress. KXAN has reached out to the attorneys involved for comment.