SAN ANTONIO (WBAP/KLIF News) — The Texas families suing the federal government for the 2017 Sutherland Springs church shooting have won a small victory in court.
A federal judge has ruled that the case will not be thrown out, which is what the federal government was trying to make happen.
That means lawyers for the families can continue with the discovery phase of the trial, which includes getting documents and conducting interviews for evidence.
Nine families are suing because they say the Air Force and Department of Defense were negligent by not reporting shooter Devin Kelley’s mental health problems and criminal history to the FBI.
Not having that history reported allowed Kelley to pass background checks to purchase a Rugar AR-556. He used that gun to kill 26 church-goers who were attending service at First Baptist in Sutherland Springs, Texas.
He eventually took his own life after being shot and chased by two men who heard the gunfire at the church.
