‘That isn’t enough’ — Sutherland Springs families, survivors bridle at government’s compensation offer

How much should the federal government have to pay survivors of the Sutherland Springs church massacre and the family members of the 26 people killed? Lawyers for the survivors and for bereaved relatives of the deceased are asking for some $418 million total. The U.S. Justice Department has proposed $31.8 million. The gulf between those two numbers was the source of sharp disagreement and intense emotion Monday during closing arguments in a civil trial in federal court in San Antonio. “We’ve used the words shocking, horrific, inhumane to describe what’s happened to these families,” Jamal Alsaffar, an attorney representing several of the Sutherland Springs plaintiffs, said during the court session. “But the same words can be used to describe what was filed by the government.”

Some other plaintiffs’ lawyers called the government’s proposed payment for pain, suffering and mental anguish “ridiculous,” unjust and unfair. The Sutherland Springs gunman, Devin P. Kelley, had a history of violence while in the Air Force and was convicted of domestic violence before being dishonorably discharged. The Air Force failed to report the conviction to a national firearms database, as required by law. The judge in the case has ruled that if the conviction had been reported, Kelley might not have been able to buy the assault-style rifle he used to carry out the massacre. Kelley committed suicide after fleeing the scene of the carnage. In a 185-page filing, the Justice Department said its proposed payments to the survivors and other claimants were based on evidence presented during a monthlong trial on damages and on previous court cases, federal and Texas state law, and disbursements from a fund for victims of the 9/11 terrorist attacks. Assistant U.S. Attorney James Dingivan said the proposed compensation was in line with trial verdicts in personal injury and wrongful death cases in Texas.