By Brad Brooks
(Reuters) -A Galveston, Texas, jury on Monday found the parents of a teenager who shot and killed 10 classmates at Santa Fe High School in 2018 not liable for the violence, ending an unusual civil trial.
Family members of the shooting victims and survivors accused Antonios Pagourtzis and Rose Kosmetatos of being negligent in allowing their son, Dimitrios, to obtain weapons from their home and for not warning school officials or police about his deteriorating mental state.
The jury did decide that Dimitrios Pagourtzis and Lucky Gunner, the company that sold him the ammunition used in the shooting even though he was too young to buy it, were liable for the deaths and injuries, and awarded $330 million in damages.
Lucky Gunner last year reached a settlement with families that sought to exclude it from having to make any more payments.
Jake Felde, Lucky Gunner's CEO, said in a written statement that his company "isn't responsible for paying any monetary damages awarded by the jury" as it already reached a separate settlement for the shooting and was not a party to the Texas trial.
Nicholas Poehl, the criminal attorney representing Dimitrios Pagourtzis, said in a phone call that his client had no money "and never will."
Dimitrios Pagourtzis, who was 17 at the time of the shooting, has been charged with capital murder. He has been deemed mentally incompetent to stand trial and will remain in a treatment facility until a judge declares he is competent.
Judge Jack Ewing told the jurors they had sent a clear message with their verdict.
"That message will carry even outside of the walls and doors of this courtroom, and hopefully it will fall into the ears of our legislators, who can help in taking some action," Ewing said from the bench.
The lawsuit was filed shortly after the May 18, 2018, Santa Fe High School rampage that also injured 13 people. Among those killed was a 17-year-old Pakistani girl who was an exchange student at the school.
The jury's decision came four months after the sentencing of two Michigan parents found guilty of manslaughter after a jury found they ignored warning signs before their son shot and killed four classmates at Oxford High School in 2021. Jennifer and James Crumbley are the first parents known to have been charged with manslaughter in a school shooting carried out by one of their children.
Lori Laird, an attorney representing Antonios Pagourtzis and Rose Kosmetatos, said before the verdict that holding her clients responsible for their son's shooting rampage was not justified.
"Regardless of the outcome of this lawsuit, nobody has won," Laird added.
Laird said in an interview that the parents did not know their son was mentally ill and saw no warning signs. Since the shooting, she said, Dimitrios Pagourtzis had been diagnosed with schizoaffective disorder.
Laird also said the parents' guns were stored in a gun safe and a locked cabinet.
Experts and gun safety advocates have said holding parents accountable for shootings carried out by children is an important step in reducing school violence. Studies by the U.S. Department of Homeland Security have shown that around 75% of all school shooters obtained their weapons at home.
James Miller, senior counsel of Everytown Law and counsel to plaintiffs Abdul Aziz and Farah Naz, said they were disappointed the jury didn't hold the shooter's parents responsible "for their role in this heinous act."
"Guns are the number one killer of American children and teens, and secure storage is absolutely essential in the fight to end this nation's gun violence epidemic," Miller added.
(Reporting by Brad Brooks in Colorado; Editing by Donna Bryson, Daniel Wallis and Lincoln Feast.)
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