Government Responsible For Failure Of Background Check System In Sutherland Springs
In a 99-page ruling in Holcombe v. United States, U.S. District Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas in San Antonio ruled the government is 60% responsible for damages stemming from the Sutherland Springs, TX church shooting and the killer 40% responsible.
The ruling is a result of the government’s (USAF) failure to report the killer’s previous convictions of felony domestic violence. That failure allowed the killer to pass a background check at an Academy Sports retailer and purchase the gun used in the crime.
“Moreover, the evidence shows that—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.”
“The trial conclusively established that no other individual—not even [Devin] Kelley’s own parents or partners—knew as much as the United States about the violence that Devin Kelley had threatened to commit and was capable of committing. Moreover, the evidence shows that—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. For these reasons, the government bears significant responsibility for the plaintiffs’ harm,” the ruling said.
Armed American News has previously reported that the Texas Supreme Court ruled on Friday, June 25th that Academy Sports cannot be sued for selling the gun used in the Sutherland Springs church shooting.
Mark Walters is the host of two national radio broadcasts, Armed American Radio’s Daily Defense and flagship Armed American Radio, he is the co-founder of AAN, author of three books, and member of the board of directors of the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA). Mark is the CEO of parent company CCW Broadcast Media, LLC