Two of four Virginia Beach officers found negligent in Navy veteran wrongful death lawsuit

Posted at 3:43 PM, Aug 24, 2018
and last updated 2018-08-27 23:20:34-04

VIRGINIA BEACH, Va. - Jurors found two of four police officers negligent for their role in the 2015 killing of India Kager.

In addition, the jury decided for each ruling the family should be paid $400,000 for a total of $800,000. The jury ruled in favor of the remaining two officers.

Until around 6 p.m. Monday, the jury indicated they couldn't reach a unanimous verdict in the wrongful death civil trial of the Navy veteran, but the judge instructed the jurors to keep trying.

For four days, jurors heard about the shooting of Kager and why her family says she was unjustly killed by Virginia Beach Police in  2015.

Angelo Perry and India Kager were killed in their car while parked at Virginia Beach 7-Eleven in September 2015. Kager was driving and Perry was the passenger. Their four-month-old baby was in the backseat.

Police say their goal was to arrest Perry, who was wanted for several violent crimes. They say Perry began shooting at officers during the attempted arrest, prompting them to shoot 30 times into the vehicle. Kager was hit seven times in the crossfire. Their child was not hurt.

During closing arguments on Monday, attorneys for Kager's family argued the officers were grossly negligent because they could've taken more steps to prevent shooting Kager. "When India Kager should've mattered most, she didn't matter at all," attorney Edward Brady said.

The Deputy City Attorney Christopher Boynton countered that the officers were following that training that night and Perry was the one to escalate the situation.

After about four hours of deliberations, the seven jurors reached their verdict.

Following the verdict, Boynton revealed that the city approached the family about settling for $750,000, but the family declined the offer.


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