A year after an Indianola, Miss., police officer shot her 11-year-old son, Aderrien Murry, in the chest, NaKala Murry filed a state lawsuit against the Indianola Police Department, Officer Greg Capers, Police Chief Ronald Sampson, dispatcher Jada Rush and “John Doe Officers 1-5.”
Around 4 a.m. on May 20, 2023, the lawsuit says the father of one of Nakala Murry’s children unexpectedly visited the Murry residence, so she told Aderrien Murry to call the police for help because she was concerned about the safety of her and her children.
Capers arrived at the house shortly after with his gun drawn and told everyone to come outside, the lawsuit continues. It says Aderrien Murry was walking down the hallway that led to the living room when Capers shot the third grader in the chest.
“Defendant Capers failed to assess the situation before displaying and/or discharging his firearm,” the lawsuit says.
A grand jury decided not to indict Capers on criminal charges for the shooting in December 2023.
“From Officer Capers’ standpoint, we’re glad the grand jury met and followed the law as applied to the evidence that was before them. I believe they reached the right result,” Capers’ attorney Michael Carr told the Mississippi Free Press on Dec. 14, 2023.
Murry Suffered Collapsed Lung, Lacerated Liver
After the May 2023 shooting, Aderrien Murry had to stay at the University of Mississippi Medical Center in Jackson, Miss., for about four days to treat his collapsed lung, lacerated liver and fractured ribs, the lawsuit says.
Nakala Murry’s attorney Carlos Moore filed the lawsuit for her and Aderrien Murry in the Sunflower County Circuit Court on May 20. The Murrys are asking for $5 million in damages if the court resolves the case in their favor.
The lawsuit lists eight causes of action, including “negligent/intentional infliction of emotional distress;” negligence; failure to properly train and supervise Capers; reckless endangerment; civil assault and battery; reckless disregard for the safety of the plaintiffs; and “the common law tort of outrage.”
It alleges that Capers caused intentional emotional distress, reckless endangerment and disregard for personal safety and that he is liable for civil assault and battery. The lawsuit names Jada Rush as the dispatcher who answered Aderrien Murry’s 911 call. The lawsuit alleges because of Rush’s “failure to handle the situation that was presented to her, Plaintiffs suffered injury.”
The lawsuit alleges that Police Chief Sampson and the city failed to properly train and monitor Capers and disregarded the rights and safety of the Murrys.
The lawsuit accuses five “John Doe Officers” of reckless endangerment, civil assault and battery, and reckless disregard for the right and safety of the plaintiff. Moore’s communications director, Jay Mathis, said the specific details regarding the John Doe officers’ involvement is “awaiting discovery.”
Capers Back on Duty in Indianola
Attorney Michael Carr told the Mississippi Free Press on July 18 that Greg Capers is still employed with the Indianola Police Department as a sergeant. Jay Mathis said Jada Rush’s employment status is unknown. The Mississippi Free Press contacted the city clerk and IPD with questions regarding Rush’s employment, but neither responded by press time.
“Once the grand jury declined to indict (Capers) on any charges, either felony or misdemeanor, the city put him back on the police force as an active-duty sergeant and he’s continuing to serve the people of Indianola,” Carr said.
In May 2023, Nakala Murry previously filed a $5-million federal lawsuit on behalf of herself and Aderrien Murry in the U.S. District Court for the Northern District of Mississippi’s Greenville Division against the City of Indianola, Indianola Police Chief Ronald Sampson and Officer Greg Capers. That lawsuit is still ongoing.
“Attorney Moore, on behalf of Ms. Murry, has initiated legal action in state court by filing a state court complaint to address their state law claims. This is a different legal process from the federal lawsuit they filed last year, which specifically dealt with federal law and constitutional law claims,” Mathis told the Mississippi Free Press on July 18.
Since the lawsuits have the same content but are filed separately in state and federal courts, Carr said the state court judge could dismiss the state lawsuit. Federal courts can hear both federal and state claims.
“The way our justice system is set up, you can’t have two bites at the apple. You can’t be in one court in front of one set of judges and then in another court another set of judges on the same set of facts at the same,” he said, adding that he has filed motions to dismiss both lawsuits.