Two Las Cruces attorneys filed a lawsuit in state district court on Monday against Wal-Mart.

The lawsuit challenges the discount store's sale of ammunition after Kenneth Rouch, now under evaluation for mental illness, bought shotgun shells at the Las Cruces store on April 25, 2005.

Hours later, Rouch allegedly shot and killed 27-year-old Eusebio Escobedo at a local gas station.

Attorneys Kenneth Egan and Angel Saenz contend the Wal-Mart employees acted negligently when they sold the shells to Rouch, who they claim was intoxicated and mentally-ill at the time of the purchase.

"[Wal-Mart] could have asked whether he knew where he was or what he was doing ... any basic questions and they would've learned more than what they did," Egan said.

A spokesman for the company told KFOX they "have not seen the lawsuit." John Simley also said it is Wal-Mart's policy "to sell ammunition in accordance with all applicable state and federal laws."

Currently, there is no law that prevents anyone over age 18 from buying ammunition.