Investigators work at the scene of a deadly shooting at the First Baptist Church in Sutherland Springs, Texas, on Nov. 5, 2017. (Photo: Jay Janner/Austin American-Statesman via AP)
Ammons Law Firm of Houston has filed two wrongful death claims against the U.S. Air Force on behalf of a Floresville, Texas, couple who lost their son and eight other family members in the deadly Nov. 5 shooting at First Baptist Church of Sutherland Springs, Texas.
The claims were filed Monday on behalf of Joe and Claryce Holcombe, whose son, John Bryan “JB” Holcombe, was killed in the church shooting that left 26 dead and 20 others injured. The shooter was former U.S. Air Force Airman Devin Patrick Kelley, who took his own life after fleeing the scene.
The Holcombes allege in the claims, filed under the Federal Tort Claims Act, that their son’s death was caused in whole or part by institutional failures by the U.S. Department of Defense and the U.S. Air Force. They allege the military agencies failed to report Kelley’s pertinent criminal arrest, conviction and military discharge information to federal databases that would have prevented him from buying or owning firearms.
Joe Holcombe said they filed the claims to get the system fixed.
“This shouldn’t have happened. It wouldn’t have happened most likely if the Air Force had been doing its job,” he said.
Robert Ammons.
Robert Ammons, founding partner of Ammons Law Firm, said he believes his clients are the first to file claims stemming from the church shooting.
According to the claims, which were filed separately by Joe and Claryce Holcombe, their son was shot in the back while walking to the church pulpit to lead the congregation in worship. He died on the floor of the church, where he was a member.
The Holcombes allege in “riders” to the claims that shooter Kelley was convicted in November 2012 of criminal charges during a general court-martial and was sentenced to a year in military jail. The Air Force failed to enter those charges, or Kelley’s 2014 “bad conduct discharge,” into appropriate criminal databases, including the FBI’s Criminal Justice Information Systems.
The Holcombes further allege that the failure of the Department of Defense and the Air Force to timely and accurately enter and/or report Kelley’s criminal arrest and conviction into the appropriate database in November 2012 isn’t the whole story. According to the complaint, a 2015 Inspector General report found that the U.S. military failed to report criminal convictions 31 percent of the time during a sample period from June 2010 to October 2012.
“Although the shooter undoubtedly ‘pulled the trigger’ that resulted in the injuries and death of JB Holcombe and others, the failures of the U.S. Air Force, and others, allowed the shooter to purchase, own and/or possess the semiautomatic rifle, ammunition and body armor he used, and it is these failures that were a proximate cause, in whole or in part, of the injuries and death of the decedent,” the claims state.
Ammons said that while his clients are seeking monetary damages, their primary reason for going after the government is to improve reporting to the federal databases.
“These databases are a safety net to protect all of us from criminals, from allowing criminals, felons, people convicted of violent crimes from getting their hands on guns,” Ammons said.
The Air Force has six months to respond to the claims. The Air Force can accept the claims, deny them, or do nothing. If after six months it does nothing, Ammons’ clients can file a lawsuit in federal court, he said.
The Air Force’s media relations office did not immediately respond to a request for comment.
