Parents related to nine victims killed in the Sutherland Springs church shooting on November 5 filed a legal claim yesterday against the US Air Force, accusing it of negligence over failure to report the criminal record of the gunman Devin Kelley.
The administrative claim, which was filed directly with the Air Force in Washington, said the military acted negligently by failing to report the criminal record to a federal database that would have prevented him from legally purchasing a firearm. It is the first such legal claim in the case.
Kelley killed 26 people and wounded more than 20 at the First Baptist Church in the Texas town.
The Air Force said in a statement that it did not comment on specific claims. 'Every claim that is filed is thoroughly processed and researched in accordance with established law and regulations,' said Ann Stefanek, an Air Force spokeswoman.
The claim was filed by Joe and Claryce Holcombe, parents of Bryan Holcombe, who was fatally shot in the back while walking to the church pulpit to lead the congregation in worship, according to the filing.
The San Antonio couple lost nine relatives in the shooting.
The claim filed yesterday is the first step plaintiffs need to take if they want to sue an entity of the US government. A lawsuit can be filed six months later, during which time the government can investigate the accusations and offer a settlement.
Legal experts have said the Air Force would not be able to claim federal immunity in the case, but cautioned that any lawsuits faced a prolonged uphill battle over specific legal questions.
Kelley was convicted five years ago by a general court-martial of assaulting his then-wife and stepson while he was in the Air Force, offences that made it illegal for him to possess a firearm.
The Air Force said in a statement on November 7 that it did not enter that information into a federal database used in background checks for firearms purchases, something it was legally required to do.
Yesterday, the Air Force said there were at least 'several dozen' cases of serious crimes involving its personnel that it failed to report to the federal database.
Representatives of the service told the New York Times that the Kelley case 'was not an isolated incident'.
The Air Force review found that since 2002, a massive 60,000 incidents involving airmen that 'potentially' merited inclusion in the database went unaddressed, according to the New York Times.
Additional reporting by Reuters.
