VIRGINIA BEACH, Va. — The family of Deshayla Harris, who was shot and killed, at the Virginia Beach Oceanfront in March 2021 has announced a $50 million lawsuit against the City of Virginia Beach.
The announcement came during a news conference Friday night with the family's attorney Justin Fairfax, who is also the former lieutenant governor of Virginia.
The family of Deshayla Harris is suing the city of Virginia Beach for $50 million, nearly 2 years after she was shot on the oceanfront
— Leondra Head (@Leondrahead) March 24, 2023
Harris was struck and killed by a stray bullet in the 300 block of 19th Street. Police said Harris was a bystander during a feud between multiple groups of unknown people.
"I look at my pictures in the house and she’s not there. Do you know what it feels like when you can’t hear your daughter’s voice? You can’t call her phone," Elisheba Harris, Deshayla's mom, said.
During the course of the investigation, police released photos of several potential witnesses to the incident, but no one has ever been charged in Harris' death.
Police said surveillance video, eyewitness statements and other evidence indicated "that Deshayla Harris was struck by gunfire exchanged between groups of individuals."
Additionally, the department said the bullet recovered from Harris isn't the same type of ammunition issued to VBPD officers.
During the news conference Friday, Fairfax and Elisheba, said the city has denied them answers in Deshayla's death. They said the Virginia Beach Police Department denied a ballistics report for two years.
"The withholding of evidence. The withholding of the truth from this family. This family has requested the ballistics report which deals with the elements of how this bullet was fired, what round was fired from what gun. They denied that report for 2 years," Fairfax said. "When they would make formal requests through FOIA, informal requests, they would call, write. They keep getting pushed off over and over again," Fairfax said.
A part of the lawsuit says, "some evidence reasonable points to the shooter potentially being a VBPD officer.
The City of Virginia Beach released the following statement Friday night:
"The City of Virginia Beach Police Department continues to work tirelessly to bring DeShayla Harris’s killer to justice and wants that as much as the Harris family does. There is no evidence that a Virginia Beach Police officer or a Virginia Beach Officer’s service weapon was involved in the death of DeShayla Harris."
Fairfax said the suit was filed Friday night before the statute of limitations was set to run out on Sunday.
"It is no coincidence that on Sunday the statute of limitations runs out so this family would not even be able to file a lawsuit after Sunday," Fairfax said.
In addition to the $50 million, News 3's Leondra Head reports the family is also suing for $350,000 in punitive damages.
Deshayla’s mom still carries the pain from March 26, 2021.
"There’s no money. None. They can keep the money. Give me her. Give me her back. You wanna do something for me, let’s go in a lab and create here. The same you took her away from me. That’s what I want. I don’t want the money," Harris said.
This is a developing story. Stay with News 3 for the latest.
