


A $144.5 million tentative settlement between the Justice Department and victims of the 2017 Sutherland Springs shooting was reached Wednesday, ending a yearslong legal battle brought by victims of the mass shooting that the Biden administration vehemently fought.
Twenty-six people were killed and 22 others injured when assailant Devin Kelley stormed First Baptist Church of Sutherland Springs, Texas.
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Dozens of plaintiffs sued the Air Force, claiming it was negligent by failing to enter Kelley into a database that would’ve barred him from purchasing the weapons used in the massacre.
Kelly had previously been convicted of domestic violence while serving in the military for assaulting a former wife and stepson, cracking the child’s skull — but had passed a background check and bought an AR-556 rifle despite the conviction.
A judge initially awarded the victims and their families $230 million and said the DOJ was “60% liable” for the attack. The DOJ appealed, arguing Kelley would have found a way to get a gun even if he has been in the correct database.
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The Biden administration was slammed as hypocritical for the appeal, especially given the president’s support for stricter gun laws.
“You have the president of the United States talking to everyone about how we need gun control, we need to not get guns in the hands, and yet here he is, leading the charge with the Department of Justice to appeal the Sutherland Springs shooting case,” Texas attorney Thomas J. Henry said at the time.
Survivors of the shooting have similarly lambasted DOJ’s attempts to evade culpability.
“If I had an opportunity to meet President Biden, I would ask him, ‘Why? Why are you doing all this [gun reform] and yet you’re fighting it over here?’” Juan “Gunny” Macias, who was shot numerous times in the attack, told NBC News.
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Kelley died of a self-inflicted gunshot wound. Those who were killed included a woman who was pregnant.
The Court of Appeals for the 5th Circuit must now approve the agreement, which the Justice Department said Wednesday will settle the victims’ claims once and for all.
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“No words or amount of money can diminish the immense tragedy of the mass shooting in Sutherland Springs,” Associate Attorney General Vanita Gupta said in a statement. “Today’s announcement brings the litigation to a close, ending a painful chapter for the victims of this unthinkable crime.”
A lawyer for the victims told NBC News that the settlement must also be approved by Attorney General Merrick Garland.
“These families fought for justice, endured and won two trials against the federal government and made this country safer as a result. But the settlement is not final,” lawyer Jamal Alsaffar said. “We urge his Justice Department to act quickly to bring some closure to these families. It’s the least they deserve.”