DOJ Agrees to $145 Million Settlement Over Background Check Lapse in Texas Church Shooting Case

Law enforcement officials continue their investigation at First Baptist Church of Sutherland Springs as the sun begins to rise in Sutherland Springs, Texas, on Nov. 6, 2017. Scott Olson/Getty Images

The U.S. Department of Justice (DOJ) has reached a tentative agreement with dozens of plaintiffs who allege the department failed to keep its criminal background check system up to date, and that these failures contributed to a deadly shooting at a church in Southerland Springs, Texas, in 2017.

In November 2017, a gunman entered the First Baptist Church and opened fire, killing 26 people and injuring 22 more. In the days after the attack, the Pentagon revealed that suspect Devin Kelley was court-martialed and separated from the U.S. Air Force after assaulting his first wife and stepson. The Air Force admitted it had failed to transmit information about Kelley’s conviction to the National Instant Criminal Background Check System (NICS). Prior criminal convictions can disqualify individuals from purchasing firearms.

U.S. District Judge Xavier Rodriguez had previously ruled that the Air Force was “60 percent liable” for the 2017 shooting because it failed to submit Kelley’s assault conviction to the NICS system. Rodriguez said that, had the government done its job and entered Kelley’s history into the database, “it is more likely than not that Kelley would have been deterred from carrying out the Church shooting.”

Seventy-five victims of the 2017 shooting and their family members sued the Air Force and the DOJ over the apparent lapse. On Wednesday, the DOJ announced it had reached a settlement agreement with the plaintiffs, agreeing to pay about $144.5 million to bring the case to an end. The agreement is tentative and a court still has to approve some portions of the settlement agreement, but if they do, it could bring about an end to the lawsuit.

“No words or amount of money can diminish the immense tragedy of the mass shooting in Sutherland Springs,” Associate Attorney General Vanita Gupta said Wednesday. “Today’s announcement brings the litigation to a close, ending a painful chapter for the victims of this unthinkable crime.”

Wednesday’s $144.5 million settlement agreement is in addition to an award of $230 million that Judge Rodriguez ordered the Air Force to pay last year to the families and survivors of the 2017 mass shooting.

“The Sutherland Springs families are heroes. The country owes them a debt of gratitude. They have gone through so much pain and loss in the most horrific way. But despite that, these families fought for justice, endured and won two trials against the Federal Government, and made this country safer as a result,” said lawyers representing the plaintiffs. “But the settlement is not final. Attorney General [Merrick] Garland’s office still must approve it, and we urge his Justice Department to act quickly to bring some closure to these families. It’s the least they deserve.”

The 2017 Attack

The 2017 Sutherland Springs attack remains the deadliest mass shooting in Texas history.

Kelley entered the Texas church armed with an AR-556 semi-automatic rifle. Authorities believe he fired at least 450 rounds at helpless worshippers inside the church.

Two of the 26 people killed included a pregnant woman and her unborn child. The other people killed in the attack ranged in age from 18 months to 77 years.

The shooting attack was interrupted by an armed bystander, Stephen Willeford, who confronted the shooting suspect and returned fire. Willeford used his own AR-15-style rifle to shoot Kelley in the leg and torso as Kelley emerged from the church.

Despite his gunshot wounds, Kelley managed to flee the scene of the attack in a sport utility vehicle. Willeford flagged down a passing motorist, Johnnie Langendorff, and the pair gave chase in Langendorff’s pickup truck until Kelley’s vehicle crashed in a ditch.

Authorities believe Kelley fatally shot himself after being cornered by Willeford and Langendorff. Authorities found Kelley with three gunshot wounds, including an apparent self-inflicted head wound.

The Associated Press contributed to this article.

From NTD News