Kissimmee triple murder: Widow of victim sues HOA, homeowner for negligence

OSCEOLA COUNTY, Fla. - The widow of a man killed in a tragic shooting has filed a lawsuit, arguing the death could have been prevented. Her husband's accused killer was recently indicted on three counts of first-degree murder.

A lawsuit filed by one of the victims' families seeks an excess of $50,000 in damages from the homeowner's association overseeing the neighborhood where the men rented a vacation home.

What we know:

The widow of Douglas Kraft, of Columbus, Ohio, filed a complaint against the Indian Point Homeowners Association and Marte Marcel, the homeowner – claiming reasonable measures weren't taken to protect guests despite the criminal history of Ahmad Bojeh, 29 – a man who was previously arrested by the Osceola County Sheriff's Office in 2021 for attempted first-degree murder. 

Bojeh was found not guilty by reason of insanity.

The rental property was located next door to Bojeh's parents' home, where he lived. Attorney Adam Finkel of The Haggard Law Firm claimed Bojeh was "very known" to the HOA, the HOA president and to the homeowner. 

"There were numerous complaints of various neighbors that he was doing suspicious activities, that he was not right," Finkel said. "Absolutely nothing was done by the homeowner's association." 

The lawsuit claims the homeowner's association knew Bojeh to be a violent and dangerous person with prior access to firearms. The HOA and Marcel are accused of being negligent by failing to provide a security plan, failing to remove Bojeh from the community and failing to take additional security measures knowing Bojeh lived in the community. 

FOX 35 has reached out to the Indian Point Homeowners Association for comment. 

Watch: Full press conference

The backstory:

Brothers Robert Luis Kraft, 69, of Holland, Michigan and Douglas Joseph Kraft, 68, and their close friend James Puchan, 68, were staying in a rental home in Kissimmee to attend a car show in January when they were shot and killed. 

Bojeh was indicted by a grand jury on first-degree murder charges in connection with the deaths. 

The Osceola County Sheriff called the shooting premeditated and "cold-blooded." 

Bojeh ran into the neighboring home after the shooting, witnesses told deputies. While deputies were executing a search warrant for blood, Bojeh loudly refused compliance, demanded an attorney and physically tensed and resisted, an arrest affidavit said. He continued to yell slurs and profanities at law enforcement, the affidavit said. 

Deputies also found two pistols hidden under his bed. Those guns matched the .45 and .38 caliber rounds deputies say they found at the crime scene.

Attorneys: Previous complaints about Bojeh

What they're saying:

Attorneys for the family said the homeowner's association received prior complaints about Bojeh living in the neighborhood. 

FOX 35 previously reported that following his release, court records said Bojeh lived with his parents in their home on Indian Point Circle in 2004 – near the rental home where the three men were murdered. 

The Oceola County Sheriff's office received 41 calls for service for that address, with the calls starting from September 2006 to April 2022, the sheriff's office said. 

"Of the 41 calls, 16 involved Ahmad Jihad Bojeh, the majority of when he was a minor," the sheriff's office said. "… These 41 calls do not include any calls that may have been made by residents in the area." 

The majority of the calls were from Bojeh's father saying that his son wouldn't go to school or was being aggressive to his family, deputies said. 

How did the 3 tourists die? 

While waiting for help with rental car trouble and preparing to travel home, the men were approached by an unknown person. 

"There were no known interactions between the men and this individual prior to the event; they were then approached and senselessly murdered. This was a random, tragic act," the families of the deceased said in a statement. 

The families issued a statement on behalf of their spouses, fathers, grandfathers, uncles, brothers, and friends.

"These three wonderful men did not deserve this. Our families are left with an unexpected, unimaginable loss that cannot be put into words. We ask for privacy, prayers, and respect as we mourn and begin to process this tragedy," the family said in a joint statement. 

What's next:

Attorneys for the family are advocating for more regulations for short-term rentals.

"This is not going to stop," Finkel said. "This is a new trend, and it has to be regulated – not only in the state of Florida, but throughout the country." 

Crime and Public SafetyNews