SAN ANTONIO — Judge Xavier Rodriguez Monday ordered the feds to pay $230 million to 80 claimants who sued the U.S. government after the deadliest mass shooting in Texas history.
Devin Kelley, a former serviceman, killed 26 people and hurt another 22 during the 2017 massacre at First Baptist Church in Sutherland Springs.
A court previously found the Air Force mostly responsible for the tragedy, since it discharged Kelley without reporting his criminal history to the FBI.
Had he been properly flagged, the military acknowledged Kelley could not have purchased the gun he fired some 450 times during the incident.
"Ultimately, there is no satisfying way to determine the worth of these families’ pain," Rodriguez wrote in his 185-page decision. "However, the Court has looked to other damage awards for wrongful death and personal injury for guidance."
The claimants initially asked for $418 million in damages. The federal government petitioned to pay roughly $32 million.
Federal attorneys could still appeal the ruling.
"I think you saw a very careful analysis of each individual with a conservative determination for each one of them," said A.J. Bellido de Luna, the Assistant Dean for Advocacy Programs at St. Mary's University School of Law.
Rodriguez cited harrowing testimony in his decision, making reference to each claimant's specific experience in his judgment.
The feds will compensate some victims and their relatives for mental anguish. Others are due payment for medical bills or lost employment opportunities.
The judge did not award every claimant money.
"There's no doubt this was a very difficult case for Judge Rodriguez to determine, but it is quantifiable because the law is the guide," Bellido de Luna said.
The plaintiffs had to sue under a specific law that caps the amount a judge can award. Juries do not hear these Federal Tort Claims Act (FTCA) cases.
In FTCA cases, the judge bears sole responsibility for determining a tragedy's monetary value.
"If this case went to a jury, we would see a number that would be much, much higher," Bellido de Luna said. "It probably would've exceeded a billion dollars."
The professor called the determination "conservative," but noted that the smaller amount could be more likely to pass an appellate court's muster. The federal government has not said whether it intends to appeal.
"There's no way you're ever doing to make anybody whole," Bellido de Luna said. "It's impossible."