A federal judge has ruled that the U.S. Air Force will pay out more than $230 million to the survivors and victims’ families of a 2017 shooting at a Texas church.
Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas announced the settlement details earlier this week after ruling that the U.S. government was “Mostly responsible” for the shooting because they failed to report the gunman’s criminal history. Because of this failure, the gunman, Devin P. Kelley, was able to purchase a rifle that was ultimately used to kill 26 churchgoers. Kelly, who had served on an air force base in New Mexico, later turned the gun on himself and died from his wounds.
Judge Rodriguez detailed that because of the air force's negligence, they were responsible for the “pain and suffering, mental anguish, disfigurement, impairment and loss of companionship,” that the survivors and victims’ families had to endure. Judge Rodriguez added that the case was “unprecedented in kind and scope.”
The settlement comes in response to a lawsuit that was brought forward by the victim's families against the federal government. In July, Judge Rodriguez ruled that the Air Force was 60% responsible for the shooting and that Kelley was 40% responsible. The Air Force was deemed liable for the events because they failed to report Kelley’s domestic assault conviction to a national database while he served with the Air Force. Had Kelley’s information been on the database, Kelley would not have been able to purchase the firearm.
The domestic assault charges against Kelley were in relation to an assault on his wife. Kelley had later pleaded guilty to the assault charges against him. According to officials, Kelley had struck his wife over the head, choked, and brutally kicked her. He also faced assault charges against his stepson after he kicked and struck the child “with a force likely to produce death or grievous bodily harm.”
Over 80 family members of the victims and survivors will receive payout through the settlement. Jamal Alsaffar, the lead trial counsel for the plaintiffs, shared in a statement, "These families are the heroes here. While no amount can bring back the many lives lost or destroyed at the hands of the government's negligence, their bravery in obtaining this verdict will make this country safer by helping ensure that this type of governmental failure does not happen in our country again."