Get 40% Off
⚠ Earnings Alert! Which stocks are poised to surge?
See the stocks on our ProPicks radar. These strategies gained 19.7% year-to-date.
Unlock full list

Judge finds U.S. 60% responsible for 2017 Texas church mass shooting

Published 07/07/2021, 12:12 PM
Updated 07/07/2021, 02:46 PM
© Reuters. FILE PHOTO: Balloons are released during a funeral service for some victims of the Sutherland Springs Baptist church shooting, in Sutherland Springs, Texas, U.S. November 15, 2017. REUTERS/Darren Abate/File Photo

By Jonathan Stempel

(Reuters) -A federal judge found the U.S. government was 60% responsible for a 2017 mass shooting in which a former Air Force airman used firearms he should not have been allowed to purchase to kill 26 people at a rural Texas church.

In a decision released on Wednesday, U.S. District Judge Xavier Rodriguez said the Air Force did not use reasonable care when it failed to enter Devin Patrick Kelley's plea to domestic violence charges in a database used for background checks for those buying firearms.

Rodriguez said the government bore "significant responsibility" for harm to victims of the Nov. 5, 2017 massacre at the First Baptist Church in Sutherland Springs, Texas, 31 miles (50 km) east of San Antonio.

Twenty-two people were also injured when Kelley, dressed in black and wearing a skull mask, opened fire at a Sunday service.

Kelley, 26, died of a self-inflicted gunshot to the head after crashing his vehicle into a ditch following a chase, officials said.

Victims and their families sued the government for its alleged negligence in letting Kelley buy weapons, despite his admission in a 2012 court martial to striking his former wife and infant stepson.

Kelley was discharged for bad conduct in 2014. A government report in December 2018 said the Air Force missed six chances to alert law enforcement about his history of domestic abuse.

In a 99-page decision, Rodriguez rejected the government's claim it could not foresee the shooting, saying it knew more than even Kelley's parents about his capacity for violence.

"Had the government done its job and properly reported Kelley's information into the background check system, (it) is more likely than not that Kelley would have been deterred from carrying out the church shooting," he wrote.

The San Antonio judge found Kelley only 40% responsible for the shooting. He ruled after a 10-day bench trial in April, and plans a separate trial on damages.

© Reuters. FILE PHOTO: Balloons are released during a funeral service for some victims of the Sutherland Springs Baptist church shooting, in Sutherland Springs, Texas, U.S. November 15, 2017. REUTERS/Darren Abate/File Photo

Tom Jacob, a lawyer for some plaintiffs, called the decision a "huge step" for families who "endured so much loss and then had to endure their government trying to avoid responsibility."

The U.S. Department of Justice declined to comment.

Latest comments

Sure, the taxpayers can pay. "Free Money, free money, free money!"
Crazy how the federal government can detain and hold indefinitely without charge grandmas who had the door opened for them  to the Capitol and mobilize massive amounts of resources to question everybody she has ever spoken to, but we find out with nearly every one of these sorts of mass shootings that the FBI was tipped off well in advance. Almost as if the focus of the federal government is to be weaponized against political opponents, above all else...like true socialism/Marxism.
Good idea,  too bad it's not 100%.
Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.