Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JOE HOLCOMBE and CLARYCE HOLCOMBE, Each Individually, as Heirs at Law and as Representatives of the Estate of JOHN BRYAN HOLCOMBE, Deceased § § § § CIVIL ACTION NO. 5:18-cv-00555 § vs. § § THE UNITED STATES OF AMERICA § ______________________________________________________________________________ PLAINTIFFS’ ORIGINAL COMPLAINT FOR DAMAGES UNDER THE FEDERAL TORT CLAIMS ACT ______________________________________________________________________________ TO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE: COME NOW, Joe Holcombe and Claryce Holcombe, Each Individually, as Heirs at Law and as Representatives of the Estate of John Bryan Holcombe, Deceased (“Plaintiffs”), and file this Complaint for Damages against The United States of America (“Defendant USA”) pursuant to the Federal Tort Claims Act and for cause of action would show this Honorable Court the following: I. Parties 1. Plaintiffs are residents of Texas. 2. Plaintiff Joe Holcombe is the surviving father of Decedent John Bryan Holcombe. 3. Plaintiff Claryce Holcombe is the surviving mother of Decedent John Bryan Holcombe. 4. Plaintiffs are proper parties under Texas law to bring a claim for the wrongful death of their son, John Bryan Holcombe. 5. Defendant The United States of America may be served with process by delivering a copy of the Summons and Complaint via certified mail to each of the following: 1 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 2 of 19 a. John F. Bash, Esq., United States Attorney for the Western District of Texas, 601 NW Loop 410, Suite 600, San Antonio, Texas 78216, Attn: Civil Process Clerk; b. Jeff Sessions, Esq., Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001, Attn: Civil Process Clerk; c. Department of Defense, 1400 Defense Pentagon, Washington, DC 20301-1400; and d. Dr. Heather Wilson, Ph.D., Secretary of the United States Air Force, 1670 Air Force Pentagon, Washington, DC 20330-1670. II. Jurisdiction and Venue 6. This action is brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. & § 1346, et seq. for money damages for death that was caused by institutional failures and the negligent or wrongful acts or omissions of one or more employees of the United States government (including any employee or service personnel charged with implementing and making sure existing policies and procedures were followed, any charged with ensuring policies and procedures were adequate and/or responsible for making any necessary revisions or modifications to such policies and procedures, and any whose duties included reporting convictions to national databases) while acting within the course and scope of their office or employment under circumstances where Defendant USA, if a private person, would be liable to Plaintiffs in accordance with Texas law. 7. This action arises out of an incident that occurred in Wilson County, Texas, the same county in which Plaintiffs reside. Wilson County is in the Western District of Texas, San Antonio Division. 2 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 3 of 19 8. Venue is proper in this Court pursuant to 28 U.S.C. § 1402(b) because the incident occurred in Wilson County, Texas. III. Conditions Precedent 9. Pursuant to 28 U.S.C. § 2675(a), Plaintiffs timely presented their claims to the United States by submitting Forms SF-95 to the Secretary of the Air Force, Dr. Heather Wilson, via USPS Priority Mail Express to the U.S. Air Force Claims & Tort Litigation Division, 1500 West Perimeter Road #1700, Joint Base Andrews, Maryland 20762, on November 28, 2017. Notification of delivery on December 4, 2017 was later received. (See Forms SF-95, cover letters, and return receipts attached as Exhibit A.) 10. Receipt of the claims (Air Force Claim Nos. 18-3929 and 18-3030) by the Department of the Air Force on December 5, 2017 was acknowledged by attorney Bradford S. Hunt, Chief, General Torts Branch, Air Force Claims and Tort Litigation Division. (See Hunt correspondence acknowledge receipt of claims attached as Exhibit B.) 11. As of June 5, 2018, more than six months have elapsed since the claim was presented to the Defendant USA and Defendant USA has not made a final disposition of Plaintiffs’ claims. Accordingly, the claims of the Plaintiffs are deemed denied pursuant to 28 U.S.C. § 2675(a). 12. Plaintiffs have exhausted their administrative remedies under the Federal Tort Claims Act and have fully complied with the statutory prerequisites for bringing this tort action against the Defendant USA. 3 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 4 of 19 IV. Specific Operative Facts 13. The preceding paragraphs are incorporated herein and re-alleged as if fully set forth herein. 14. On Sunday, November 5, 2017, twenty-six (26) innocent people, including John Bryan Holcombe (“JB Holcombe”), were murdered and twenty (20) others wounded in a mass shooting at the First Baptist Church of Sutherland Springs in Sutherland Springs, Texas. Plaintiffs’ decedent was murdered as he walked to the pulpit to lead the congregation in worship. 15. It is undisputed that the perpetrator and sole shooter in the incident was former U.S. Air Force Airman Devin P. Kelley (also “the shooter” and/or “Airman Kelley”). 16. On leaving the church, the shooter was confronted by a good Samaritan who shot him twice, once in the leg and once in the chest. 17. The shooter fled the scene and was involved in a high-speed car chase which concluded in the shooter taking his own life after his car veered off the road. 18. Plaintiffs allege that while the shooter “pulled the trigger,” resulting in JB Holcombe’s death, it was failures of the United States Air Force (“US Air Force”) and others that allowed the shooter to purchase, own and/or possess the semiautomatic rifle, ammunition and body armor he used in the shooting spree, and such failures were a proximate cause, in whole or in part, of the injuries to and death of JB Holcombe. 19. Years before the shooting in which JB Holcombe was killed, then Airman Kelley was court-martialed and convicted of assault against his wife and young stepson. He was sentenced to twelve months’ confinement in a Navy brig in San Diego, California and given a bad-conduct discharge. 20. That conviction made it illegal for the shooter to purchase or possess a firearm and should 4 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 5 of 19 have blocked him from ever again purchasing any gun. As a result of the criminal conviction, the Defendant USA was required to, amongst other things, enter this information into various federal computer databases advising that Airman Kelley had been convicted of crimes that prevented him from purchasing, owning and/or possessing firearms. But Airman Kelley was able to purchase an assault-style rifle as a direct result of the US Air Force’s admitted, systemic and long-standing failure to comply with the law and its own internal policies, rules, regulations and guidelines. The shooter then used that weapon on November 5, 2017 to massacre 26 people and wound twenty more. 21. Legal obligations were long ago imposed on the US Air Force that are necessary to prevent such a tragedy, but the US Air Force did not meet such obligations. 22. The United States of America is liable for the negligent failures, acts and omissions of the US Air Force, its employees and members of the Armed Forces. 23. JB Holcombe died, and Plaintiffs have suffered and will suffer injuries and damages as a direct and proximate result of the Sutherland Springs shooting. 24. As a result, Plaintiffs seek all elements of actual damages recoverable by law. 25. Plaintiffs each claimed $25,000,000.00 in damages in their administrative claims and seek damages in such amounts here. CAUSES OF ACTION V. Negligence 26. The preceding paragraphs are incorporated and re-alleged as if fully set forth herein. 27. JB Holcombe’s death was caused, in whole or in part, by the institutional failures of the United States Department of Defense, including, but not limited to, the US Air Force, in that these entities negligently, recklessly, carelessly and/or egregiously failed to report 5 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 6 of 19 pertinent criminal arrest and conviction information of the shooter into a federal database, as required by law and which would have prevented and barred the shooter from purchasing, owning, and/or possessing the firearms that he used in the shooting. 28. The Department of Defense was aware as far back as 1997, and more specifically by at least 2015, that the United States Air Force routinely failed to report such required criminal arrest and conviction information. 29. As a result of an internal review conducted by the Inspector General of the Department of Defense which uncovered these repeated failures, the US Air Force agreed to take “prompt action to ensure” that convicted offenders are properly reported to the appropriate federal database to prevent them from legally purchasing, owning, and/or possessing firearms. 30. Despite this notice and call to action, the Department of Defense, specifically including, but not limited to, the United States Air Force, utterly failed in its reporting obligations which was the proximate cause of JB Holcombe’s death. 31. The US military, specifically including the US Air Force, designed and implemented policies, procedures, regulations and/or guidelines that were specifically designed to prevent individuals such as the shooter from purchasing, owning and/or possessing firearms and body armor. It is the failure by the US Air Force to abide by these policies, procedures, regulations and/or guidelines that directly caused this horrific tragedy. 32. It is undisputed that the shooter was a member of the US Air Force, having been on active duty from 2009 until 2014 and stationed at Holloman Air Force Base located in Otero County, New Mexico. 33. In 2011, Airman Kelley married Tessa K. Loge, who had an infant son from a previous marriage. After his marriage, Airman Kelley was arrested for assault upon his wife and her son, wherein he inflicted serious injuries upon the two, including, but not limited to, 6 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 7 of 19 fracturing the skull of the infant boy. He was also charged with pointing a loaded gun at his wife and two counts of threatening his spouse with an unloaded firearm. 34. Upon information and belief, because of these criminal charges a general court martial was convened and Airman Kelley was convicted of assault on his wife and her son on November 7, 2012. Due to these convictions, Airman Kelley was sentenced to a year in military jail. 35. At that time, Airman Kelley admitted striking the infant boy “with a force likely to produce death or grievous bodily harm.” With respect to the assault against his spouse, Airman Kelley admitted that he “hit, kicked, choked and pulled the hair” of his wife. 36. The couple were divorced while Airman Kelley served his jail sentence in a naval brig located in San Diego, California. 37. Airman Kelley was also known to have made threats against his superiors in the US Air Force as well as to have attempted to smuggle guns onto the base in violation of Air Force regulations and base standard operating procedures. 38. Given the nature of the criminal charges pending against Airman Kelley, in the Spring of 2012 the Air Force involuntarily committed him to Peak Behavioral Health Services, a mental facility located in Santa Teresa, New Mexico which has a dedicated unit for US military personnel. 39. On June 7, 2012, Airman Kelley jumped a fence and escaped from the mental facility. He was apprehended by local law enforcement later that same day and returned to the facility to await his court martial. 40. At the time of his apprehension, it was noted by local authorities that Airman Kelley was suffering from mental health issues and that he was a “danger to himself and others.” 41. After capture, Airman Kelley was detained at the mental health facility and ordered into 7 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 8 of 19 pre-trial confinement while awaiting his court martial. 42. Upon information and belief, during this time, Airman Kelley used computers at the facility to attempt to purchase weapons and tactical gear via the Internet and have those items shipped to a post office box in San Antonio, Texas. 43. Upon information and belief, the US Air Force was specifically aware that Airman Kelley attempted to make these firearm purchases while a detainee at the mental health facility. 44. Eventually, in May of 2014, after serving his military prison sentence, the US Air Force discharged Airman Kelley with a “bad conduct discharge.” 45. As with his prior criminal convictions, the US Air Force utterly failed to enter his “bad conduct discharge” into federal databases. A “bad conduct discharge” following court martial was yet another event that should have disqualified the shooter from purchasing, owning or possessing firearms and ammunition. 46. Due to the foregoing, and most notably the shooter’s assault convictions, bad conduct discharge post-court martial, and involuntary commitment to a mental facility, the US Air Force, specifically including, but not limited to, the Office of Special Investigations at Holloman Air Force Base (“AFOSI”), and/or the HQ Air Force Security Forces (“HAF/A4S”), was required to enter his November 2012 criminal arrest and conviction information into certain computerized databases, specifically including the FBI’s Criminal Justice Information Systems (“CJIS”). 47. The CJIS comprises various computer databases, specifically including the National Crime Information Center (“NCIC”) database, Uniform Crime Reporting, Fingerprint Identification and the Integrated Automated Fingerprint Identification System (IAFIS) Program which includes both fingerprint and final criminal disposition data. 48. These are computerized databases ready for access by an authorized entity making an 8 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 9 of 19 inquiry into an individual’s background and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. 49. Specifically, the NCIC database is accessed for a number of purposes, and is one such database that is required to be accessed whenever a person seeks to legally purchase certain firearms. Certain criminal convictions, specifically including those of which Airman Kelley was convicted, are required to be entered into the NCIC and other CJIS-related databases. 50. Had Airman Kelley’s criminal arrest and conviction and/or bad conduct discharge information been entered, as was required by US Air Force policies, procedures, regulations and/or guidelines, Airman Kelley would have been prevented and prohibited from purchasing, owning and/or possessing firearms and body armor, specifically including the firearm and body armor that he used in the Sutherland Springs shooting. 51. Significantly, the Department of Defense has promulgated regulations that impose upon the various branches of the military, specifically including the US Air Force, certain reporting requirements when a serviceman is convicted of a crime. See DEP’T OF DEF., INSTRUCTION 5505.11: FINGERPRINT CARD AND FINAL DISPOSITION REPORT SUBMISSION REQUIREMENTS 7, available http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/550511p.pdf at (last updated Mar. 30, 2017), and subsequent revisions/changes. 52. It is undisputed and has been readily admitted by the US Air Force in the days following the horrific Sutherland Springs shooting tragedy that Airman Kelley’s convictions and criminal history were required to be entered into the NCIC database and/or CJIS system, but for reasons not presently known the US Air Force utterly failed in its reporting obligations. 9 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 10 of 19 53. It is also undisputed that had the information been entered into these databases by the US Air Force at the time of his convictions in and around November 2012, as was required, Airman Kelley would have been prevented, prohibited and barred from purchasing, owning and/or possessing the firearms and body armor used in this massacre and this tragedy would not have occurred. 54. The failures of the Department of Defense, specifically including the US Air Force, are not limited to the failure to timely and accurately enter and/or report Airman Kelley’s criminal conviction information into the appropriate computer database in November 2012. 55. In February 2015, the Inspector General for the U.S. Department of Defense conducted a comprehensive review of the failures of the branches of the US military to promptly and accurately input criminal conviction information into the appropriate computer databases, specifically including the NCIC database. See Evaluation of Department of Defense Compliance with Criminal History Data Reporting Requirements, Report Number DODIG-2015-081, dated February 12, 2015 (the “IG’s Report”). 56. The IG’s Report examined the continuing failures of conviction reporting by the US Navy, US Air Force and US Marines. Indeed, the Inspector General recognized that, as far back as 1997, the branches of the US military had not consistently submitted the required criminal arrest and conviction information to appropriate federal law enforcement agencies, including criminal information databases. See IG’s Report, at p. 12. 57. With respect to the US Air Force, the 2015 study took a sample of convicted individuals from June 2010 through and including October 31, 2012 (as mentioned above, Airman Kelley was convicted in November 2012, just days after the sample period). During this time frame, the Inspector General found that there were 358 criminal convictions of US Air Force personnel that mandated reporting obligations. 10 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 11 of 19 58. However, only 248 fingerprint cards were entered into the appropriate database, representing a failure rate of approximately 31%. With respect to final criminal disposition information regarding these 358 convictions, only 245 final dispositions were reported, representing a failure rate of approximately 32%. 59. Due to these alarming failure rates (more than 3 out of 10 failures by the US Air Force to report required criminal arrest and conviction information), the Inspector General made certain recommendations to the branches of the US military, specifically including the US Air Force. 60. The first recommendation was for the US Air Force to submit and enter the missing fingerprint and final criminal disposition information for the sample period into the appropriate computer databases. 61. Upon review of the Inspector General’s Report, the US Air Force “agreed” with this recommendation. Unfortunately, Airman Kelley’s conviction occurred in November 2012, a mere one month outside the sample examined by the Inspector General. 62. The Inspector General also recommended that due to the high failure rate the US Air Force “take prompt action” to ensure that all arrestee information is properly reported and entered in the various criminal history databases. 63. The US Air Force also specifically “agreed” with the Inspector General’s recommendation. See IG’s Report, at p. 10. 64. Notwithstanding that the US Air Force was specifically aware in 2015 (and likely well before) that criminal conviction information was not reported more than 3 out of 10 times on average, and despite acknowledging that it would “promptly ensure” that such systemic failures were corrected, the US Air Force utterly failed the general public, and more specifically Decedent JB Holcombe, by failing to ensure that Airman Kelley’s criminal 11 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 12 of 19 arrest and convictions were properly reported. 65. Despite its specific prior knowledge, the US Air Force utterly and carelessly failed in its reporting obligations which allowed this tragedy to occur and JB Holcombe to be killed. 66. Had the US Air Force done as required, the shooter would not have been able to purchase, own and/or possess the automatic rifle and body armor that he used to slaughter and injure more than 46 individuals. 67. Plaintiffs’ allegations of negligence are not limited to the fact that the US Air Force’s failures allowed Airman Kelley to purchase, own and/or possess firearms. The utterly careless and reckless failures of the US Air Force to satisfy its reporting obligations with respect to Airman Kelley’s criminal arrest and convictions resulted in numerous missed opportunities for various local law enforcement agencies to prevent further violence by Airman Kelley. 68. Upon information and belief, after his bad conduct discharge from the military, local law enforcement personnel made more than 17 visits to the shooter’s home on allegations ranging from animal cruelty to domestic violence and sexual assault. 69. For example, on or about June 7, 2013, Comal County, Texas deputies responded to the shooter’s home to investigate a report of “rape by force” allegedly perpetrated by the shooter. 70. Without information about the shooter’s prior convictions, deputies investigated the report for months, but no charges were brought once investigators believed Devin P. Kelley moved to Colorado. 71. Had the information regarding Airman Kelley’s criminal arrest and conviction for domestic violence been entered, as was required, Comal County law enforcement would have been aware of that information and perhaps been able to bring felony charges under 12 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 13 of 19 the Texas Penal Code against Devin P. Kelley in 2013. 72. In early 2014, local police in Texas responded to the shooter’s home to investigate reports of domestic abuse of his then girlfriend, Danielle Shields, but charges were not pursued after Shields told responding officers the report was the result of a misunderstanding. 73. Had the US Air Force reported Airman Kelley’s criminal arrest and convictions for domestic violence, local law enforcement would have had reason to further investigate any claim of misunderstanding and perhaps pursued felony charges under the Texas Penal Code against Airman Kelley in 2014. 74. In August 2014, Colorado law enforcement responded to the shooter’s home to investigate claims of animal cruelty allegedly perpetrated by the shooter, resulting in a standoff with police once the shooter refused to come out of the home. 75. Without information about the shooter’s prior convictions, law enforcement issued Devin P. Kelley a citation rather than arresting him. 76. Had Colorado local law enforcement had information regarding Airman Kelley’s violent criminal past, perhaps he would have been arrested and incarcerated in August of 2014. 77. Had the information regarding Airman Kelley’s criminal arrest and conviction been entered, as was required, local law enforcement would have been aware of that information when they conducted various welfare checks at the shooter’s home in Texas in the months leading up to the shooting. 78. Upon information and belief, local law enforcement also visited the shooter’s home due to domestic assault allegations. 79. Had law enforcement known that the shooter was convicted of a prior domestic assault, they may have properly entered the home and seized any weapons that were visible or pursued felony charges under the Texas Penal Code against the shooter at that time. 13 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 14 of 19 80. As with his military convictions, any conviction for domestic violence after the shooter was discharged from the military would have likewise barred, prohibited and/or prevented Devin P. Kelley from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the massacre. 81. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including, but not limited to: that the US Air Force failed to adhere to the regulations, policies, procedures, and/or guidelines issued by the Department of Defense in failing to report the shooter’s criminal arrest and convictions to appropriate federal law enforcement agencies and databases, as was required, thereby allowing the shooter to purchase the semiautomatic rifle and body armor used in the massacre. 82. Had the US Air Force complied with its necessary and mandatory reporting requirements, the shooter would have been barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms and body armor, including the semiautomatic rifle and body armor used in the massacre and thus, the shooting would not have taken place. 83. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including, but not limited to the US Air Force failing to comply with Department of Defense regulations, policies, procedures, and/or guidelines, specifically including, but not limited to, Department of Defense INSTRUCTION, Number 5505.11 and subsequent revisions/changes, thereby allowing the shooter to purchase the firearm and body armor used in the shooting. 84. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US 14 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 15 of 19 Air Force, including, but not limited to the US Air Force failing to correct known deficiencies in its criminal arrest and conviction reporting obligations. 85. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including, but not limited to its failure of the US Air Force, despite its public statements to the contrary, to adhere to or heed the recommendations promulgated by the Inspector General of the Department of Defense concerning its systemic failures to properly report arrest and criminal conviction information. 86. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including but not limited to the US Air Force failing to comply with its obligations and duties regarding criminal arrest and conviction reporting. 87. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including but not limited to the US Air Force being specifically aware for years before the shooting that it had consistently failed to report required arrest and criminal conviction information but failing to correct these deficiencies and failing to appropriately abide by and follow its own internal procedures regarding criminal arrest and conviction information. 88. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including but not limited to the US Air Force creating a dangerous condition to the public, and specifically to Decedent JB Holcombe, by its failure to adhere, comply and/or follow required criminal arrest and conviction information reporting obligations. 15 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 16 of 19 89. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including, but not limited to the US Air Force breaching the duty of care owed to the public generally, and to Decedent JB Holcombe specifically, by its failure to report required criminal arrest and conviction information. 90. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including but not limited to the US Air Force failing to discuss its deficiencies with other branches of the US military and/or other governmental agencies in an attempt to correct these known deficiencies. 91. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, including, but not limited to the US Air Force unleashing on the public a dangerous individual who had the ability to purchase firearms and body armor when he should have been prevented from doing so. 92. Based upon the foregoing, the death of JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the Defendant USA, through the US Air Force, all of which, individually and/or jointly, proximately caused, in whole or in part, the subject shooting, the death of JB Holcombe and Plaintiffs’ damages set forth herein. NO EXCEPTIONS APPLY VI. 93. None of Plaintiffs’ claims asserted herein are subject to any of the exceptions to sovereign immunity found in 28 U.S.C. § 2680. 94. Defendant USA, including the US Air Force and its employees, failed to meet the required 16 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 17 of 19 reporting obligations as described herein. 95. Defendant USA, including the US Air Force and its employees, failed to exercise due care in the execution of its duties under the required reporting obligations described herein. 96. The reporting obligations described herein do not involve discretionary functions or duties. DAMAGES VII. Wrongful Death 97. The preceding paragraphs are incorporated and re-alleged as if fully set forth herein. 98. Plaintiffs bring this action as the surviving wrongful death beneficiaries of JB Holcombe. 99. This action is brought pursuant to Tex. Civ. Prac. & Rem. Code §§ 71.002-.004, commonly referred to as the “Wrongful Death Act,” and pursuant to the terms and provisions of Tex. Civ. Prac. & Rem. Code § 71.021, known as the “Survivor’s Act,” and any and all other applicable laws including the common law of the State of Texas. 100. No administration of the estate is pending and no administration is necessary. Further, no administrator has been appointed in this action. 101. As a direct and proximate result of the negligent conduct and failures of Defendant, JB Holcombe died and Plaintiffs have suffered damages. 102. As the surviving parents of JB Holcombe, Deceased, Plaintiffs are statutory beneficiaries of Decedent. 103. By reason of the shooting and the death of JB Holcombe, Plaintiffs have suffered past and future pecuniary loss, meaning the loss of the care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value, that Plaintiffs, in reasonable probability, would have received from JB Holcombe had he lived. 104. By reason of the shooting and the death of JB Holcombe, Plaintiffs have suffered past and 17 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 18 of 19 future loss of companionship and society, meaning the loss of the positive benefits flowing from the love, comfort, companionship, and society that Plaintiffs, in reasonable probability, would have received from JB Holcombe had he lived. 105. By reason of the shooting and the death of JB Holcombe, Plaintiffs have suffered past and future mental anguish, meaning the emotional pain, torment, and suffering experienced by Plaintiffs because of the death of JB Holcombe, Deceased. 106. The Estate of JB Holcombe, Deceased, is also entitled to bring action on behalf of Decedent for the physical pain and mental anguish he was caused to endure from the time he was shot until the time of his death as a result of the negligence of Defendant. VIII. PRAYER WHEREFORE, Plaintiffs pray and respectfully demand verdict and judgment as follows: a. That summons and process issue and the Defendant be served with this Complaint as required by law and that Defendant be required to appear and answer; b. That Plaintiffs’ claims under the Federal Torts Claims Act against the Defendant United States of America be tried to a judge sitting as the fact finder; c. That Plaintiffs be awarded the damages sought herein in an amount determined by the trier of fact; d. That Defendant be charged with all costs and other expenses attributable to this action to the maximum extent permitted by law under the Federal Tort Claims Act; and e. That Plaintiffs be granted such other and further relief as is supported by the evidence and authorized by law that the Court may deem appropriate. 18 Case 5:18-cv-00555 Document 1 Filed 06/06/18 Page 19 of 19 Respectfully submitted, THE AMMONS LAW FIRM, L.L.P. /s/ Robert E. Ammons ROBERT E. AMMONS, Attorney-in-Charge Bar No. 01159820 Email: rob@ammonslaw.com April A. Strahan Bar No. 24056387 Email: april@ammonslaw.com 3700 Montrose Boulevard Houston, Texas 77006 Telephone: 713-523-1606 Facsimile: 713-523-4159 Email: joy@ammonslaw.com and Mark W. Collmer Bar No. 04626420 Email: mark@collmerlaw.com THE COLLMER LAW GROUP 3700 Montrose Blvd., First Floor Houston, Texas 77006 Telephone: 713-337-4040 Facsimile: 713-337-4044 ATTORNEYS FOR PLAINTIFFS 19 Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 1 of 68 THE AMMONS LAW FIRM A LIMITED LIABILITY PARTNERSHIP ROBERT E. AMMONS A Member of Texas, Arizova Florida and New York Stale Bar BOARD CERTIFIED - PERSONAL INJURY TRIAL LAW BOARD CERTIFIED - CIVIL TRIAL ADVOCATE Texas Board of Legal Specialization National Board of Trial Advocacy November 27, 2017 Lt. General Christopher F. Burne, Esq. Through the Chief of the Claims and Tort Litigation Division United States Air Force Claims and Tort Litigation Division 1500 West Perimeter Road Suite 1700 Joint Base Andrews, Maryland 20762 RE: Federal Tort Claims Act SF-95 on Behalf of Joe Holcombe Dear General Burne: My firm represents Mr. Joe Holcombe for the death of his son, as detailed in the enclosed material. We are serving these documents, including the SF-95 and attachments, upon you pursuant to 14 CFR 842.79(b). We look forward to further conversations with you and your staff in the near future, and remain available to speak with the Claims and Tort Division personnel if they have any questions regarding the Claim Packet or our representation. I may be reached at by telephone at (713) 5231606 or by email at r.ammons@ammonslaw.com. Please provide copies noting receipt as provided in the self-addressed pre-paid envelope included. We look forward to working with you on these claims. Very Respec obert E. Aminons 3700 MONTROSE BOULEVARD, HOUSTON, TEXAS 77006 I P 713.523.16G6 I F 713.523.4159 I WWW.AMMONSLAW.COM Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 2 of 68 r -INSTRUCTIONS: Please read carefully the instructions on the CLAIM FOR DAMAGE, reverse side and supply information requested on both sides of this form. Use additional sheet(s) if necessary. See reverse side for additional instructions. INJURY, OR DEATH FORM APPROVED OMB NO. 1105-0008 1. Submit to Appropriate Federal Agency: 2. Name, address of claimant, and claimant's personal representative if any (See instructions on reverse). Number. Street, City, State and Zip code. Secretary of the Air Force Dr. Heather Wilson 1670 Air Force Pentagon Washington, DC 20330-1670 Joe Holcombe (individually) 1387 County Road 304 Floresville, Texas 78114 3. TYPE OF EMPLOYMENT MILITARY X CIVILIAN 4. DATE OF BIRTH 5. MARITAL STATUS 6. DATE AND DAY OF ACCIDENT 7. TIME (A.M. OR P.M.) 09/12/1931 married 11/05/2017 11:25 A.M. Sunday 8. BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary). See Attached Page 9, PROPERTY DAMAGE NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number, Street, City, State, and Zip Code). N/A BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF THE DAMAGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED. (See instructions cn reverse side) N/A PERSONAL INJURYIWRONGFUL DEATH 10. STATE THE NATURE AND EXTENT OF EACH INJURY OR CAJSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT, STATE THE NAME OF THE INJURED PERSON OR DECEDENT Claimant Joe Holcombe's son was Bryan Holcombe. Bryan was a member of the First Baptist Church of Sutherland Springs, Texas. Bryan Holcombe, son of Joe Holcombe, was shot in the back while walking to the church pulpit to lead the congregation in worship. He died on the floor of the church. Joe Holcombe has suffered grievous mental anguish from the death of his son and the loss of his society, companionship and affection. WITNESSES 1 ADDRESS (Number. Street. City, State. and Zip Code) NAME Stephen Willeford Johnnie Langendorff Please see additional list attached AMOUNT OF CLAIM (in dollars) 12, (See instructions on reverse). 12b. PERSONAL INJURY 12a. PROPERTY DAMAGE 0.00 12c. WRONGFUL DEATH 12d. TOTAL (Failure to specify may cause forfeiture of your rights). 25,000,000 25,000,000 I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM. 13a. URE OF CLAIMANT (S e inst ctions on rever side). 13b. PHONE NUMBER OF PERSON SIGNING FORM 14. DATE OF SIGNATURE ( t / 61) M3- VIIi _ CIVIL PENALTY FOR PRESENTING FRAUDULENT CLAIM The claimant is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages sustained by the Government. (See 31 U.S.C. 3729). Authorized for Local Reproduction Previous Edition is not Usable 95-109 it i aS hell CRIMINAL PENALTY FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS Fine, imprisonment. or both. (See 18 U.S.C. 287. 1001 1 NSN 7540-00-634-4046 STANDARD FORM 95 (REV. 2/2007) PRESCRIBED BY DEPT. OF JUSTICE 28 CFR 14.2 Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 3 of 68 INSURANCE COVERAGE In order that subrogation claims may be adjudicated, it is essential that the claimant provide the following information regarding the insurance coverage of the vehicle or property. 15. Do you carry accident Insurance? 111 Yes If yes, give name and address of insurance company (Number, Street, City, State, and Zip Code) and policy number. 111 No 16. Have you filed a claim with your insurance carrier in this instance, and if so, is it full coverage or deductible? Yes El No 17. If deductible, state amount 0.00 18. If a claim has been filed with your carrier, what action has your insurer taken or proposed to take with reference to your claim? (It is necessary that you ascertain these facts). N/A 19. Do you carry public liability and property damage insurance? ❑ Yes If yes, give name and address of insurance carrier (Number, Street City, State, and Zip Code). Ei No INSTRUCTIONS Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose employee(s) was involved in the incident. If the incident involves more than one claimant, each claimant should submit a separate claim form. Complete all Items - Insert the word NONE where applicable. A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL AGENCY RECEIVES FROM A CLAIMANT. HIS DULY AUTHORIZED AGENT, OR LEGAL REPRESENTATIVE, AN EXECUTED STANDARD FORM 95 OR OTHER WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR MONEY Failure to completely execute this form or to supply the requested material within two years from the date the claim accrued may render your claim invalid. A claim Is deemed presented when it is received by the appropriate agency, not when it Is mailed. If instruction is needed in completing this form, the agency listed in item #1 on the reverse side may be contacted. Complete regulations pertaining to claims asserted under the Federal Tort Claims Act can be found in Title 28, Code of Federal Regulations, Part 14. Many agencies have published supplementing regulations. If more than one agency is involved, please state each agency. The claim may be filled by a duly authorized agent or other legal representative, provided evidence satisfactory to the Government is submitted with the claim establishing express authority to act for the claimant A claim presented by an agent or legal representative must be presented in the name of the claimant If the claim is signed by the agent or legal representative, it must show the title or legal capacity of the person signing and be accompanied by evidence of his/her authority to present a daim on behalf of the daimant as agent, executor, administrator, parent guardian or other representative. If claimant intends to file for both personal injury and property damage, the amount for each must be shown in item number 12 of this form. DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT. THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM ACCRUES. The amount claimed should be substantiated by competent evidence as follows: (a) In support of the claim for personal injury or death, the claimant should submit a written report by the attending physician, showing the nature and extent of the injury, the nature and extent of treatment, the degree of permanent disability, if any, the prognosis. and the period of hospitalization, or incapacitation, attaching itemized bills for medical, hospital, or burial expenses actually incurred. (b) In support of claims for damage to property, which has been or can be economically repaired, the daimant should submit at least two itemized signed statements or estimates by reliable, disinterested concerns, or, if payment has been made, the itemized signed receipts evidencing payment (c) In support of claims for damage to property which is not economically repairable, or if the property is lost or destroyed, the claimant should submit statements as to the original cost of the property, the date of purchase, and the value of the property, both before and after the accident. Such statements should be by disinterested competent persons, preferably reputable dealers or officials familiar with the type of property damaged, or by two or more competitive bidders, and should be certified as being just and correct (d) Failure to specify a sum certain will render your claim invalid and may result In forfeiture of your rights. PRIVACY ACT NOTICE This Notice is provided in accordance with the Privacy Act, 5 U.S.C. 552a(e)(3), and concerns the information requested in the letter to which this Notice is attached. A. Authority: The requested information is solicited pursuant to one or more of the following: 5 U.S.C. 301, 28 U.S.C. 501 et seq., 28 U.S.C. 2671 et seq., 28 C.F.R. Part 14. B. PtinapalRepose: The information requested is to be used in evaluating claims. C. Routine Use: See the Notices of Systems of Records for the agency to whom you are submitting this form for this information. D. Effect ofFailure to Respond: Disclosure is voluntary. However, failure to supply the requested information or to execute the form may render your claim "invalid." PAPERWORK REDUCTION ACT NOTICE This notice Is solely for the purpose of the Paperwork Reduction Act, 44 U.S.C. 3501. Public reporting burden for this collection of information is estimated to average 6 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Director, Torts Branch, Attention: Paperwork Reduction Staff, Civil Division, U.S. Department of Justice. Washington, DC 20530 or to the Office of Management and Budget Do not mail completed form(s) to these addresses. STANDARD FORM 95 REV. (2/2007) BACK Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 4 of 68 RIDER TO FORM 95 8. The basis of this claim is under the Federal Tort Claims Act, 28 U.S.C. § 1346 and 28 U.S.C. § 2671, et seq. This notice of claim is filed on behalf of claimant, Joe Holcombe, who is the natural parent of John Bryan Holcombe, deceased (referred to as "JB Holcombe"). This Claim arises from the tragic shooting death of JB Holcombe on Sunday, November 5, 2017, on or about 11:30 A.M. in the First Baptist Church of Sutherland Springs located in Sutherland Springs, Texas. Twenty-six individuals were killed in the shooting, including decedent JB Holcombe, and twenty others were seriously injured. Simply put, JB Holcombe's death was caused, in whole or in part, by the institutional failures of the United States Department of Defense, including, but not limited to, the United States Air Force ("US Air Force"), in that these entities negligently, recklessly, carelessly and/or egregiously failed to report pertinent criminal arrest, conviction and military discharge information of the shooter into a federal database, as was required, which would have prevented and barred the shooter from purchasing, owning, and/or possessing the firearms, ammunition and body armor that he used in the shooting. Incredibly, and quite frankly tragically, the Department of Defense, the US Air Force, and others, were aware as far back as 1997, and more specifically in at least 2015, that the US Air Force (as well as other branches of the United States military) routinely failed to report such required criminal arrest and conviction information. As a result of an internal review conducted by the Inspector General of the Department of Defense which uncovered these repeated failures, the US Air Force agreed that it would take "prompt action to ensure" that convicted offenders are properly reported to appropriate federal databases to prevent them from legally purchasing, owning, and/or possessing firearms, ammunition and/or body armor. Despite this Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 5 of 68 notice and call to action, the Department of Defense, specifically including, but not limited to, the US Air Force, utterly failed in their reporting obligations which was the proximate cause of the decedent JB Holcombe's death. It is undisputed that the perpetrator and sole shooter in this action was former US Air Force member Airman Devin Patrick Kelley ("the shooter"). Upon information and belief, and as the result of a domestic dispute with his in-laws, the shooter entered the First Baptist Church on the morning of November 5, 2017 dressed in all black, clad in body armor and armed with a Ruger Semi-Automatic AR-556 rifle that he purchased from a legal and authorized vendor sometime in April 2016. The shooter killed 26 parishioners and injured 20 others, some critically. Upon leaving the church the shooter was confronted by a good Samaritan who shot the shooter twice — once in the leg and once in the chest. The shooter fled the scene and was involved in a high-speed car chase. He then took his own life after his car veered off the road. Although the shooter undoubtedly "pulled the trigger" that resulted in the injuries and death of JB Holcombe and others, the failures of the US Air Force, and others, allowed the shooter to purchase, own and/or possess the semiautomatic rifle, ammunition and body armor he used, and it is these failures that were a proximate cause, in whole or in part, of the injuries and death of the decedent. The US military, specifically including the US Air Force, designed and implemented policies, procedures, regulations and/or guidelines that were specifically designed to prevent individuals such as the shooter from purchasing, owning and/or possessing firearms, ammunition and body armor. It is the failure by the US Air Force to abide by these policies, procedures, regulations and/or guidelines that directly caused this horrific tragedy. It is undisputed that Airman Kelley was a member of the US Air Force, having been on active duty from 2009 until 2014 and stationed at Holloman Air Force Base located in Otero Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 6 of 68 County, New Mexico. In April 2011 Airman Kelley married Tessa K. Loge, who had an infant son from a previous marriage. It is not disputed that after his marriage, then-Airman Kelley was arrested for assault upon his wife and her son, wherein he inflicted serious injuries upon the two, including, but not limited to, fracturing the skull of the infant boy. He was also charged with pointing a loaded gun at his wife, and two counts of threatening his spouse with an unloaded firearm. Upon information and belief, because of these criminal charges a general Court Martial was convened and Airman Kelley was convicted of assault on his wife and her son on November 7, 2012. Due to these convictions Airman Kelley was sentenced to a year in military jail. At that time, he admitted striking the infant boy "with a force likely to produce death or grievous bodily harm". With respect to the assault against his spouse, Kelley admitted that he "hit, kicked, choked and pulled the hair" of his wife. The couple were divorced while Kelley served his jail sentence in a naval brig located in San Diego, California. Airman Kelley was also known to have made threats against his superiors in the Air Force as well as to have attempted to smuggle guns onto the base in violation of Air Force regulations and base standard operating procedures. In addition, given the nature of the criminal charges pending against him, in the Spring of 2012, the Air Force involuntarily committed Airman Kelley to the Peak Behavioral Health Services, a mental facility located in Santa Teresa, New Mexico which has a dedicated unit for US military personnel. On June 7, 2012 Airman Kelley jumped a fence and escaped from the mental facility. He was apprehended by local law enforcement later that same day and was returned to the facility to await his court martial. At the time of his apprehension, it was noted by local law enforcement authorities that Kelley was suffering from mental health issues and that he was a "danger to himself and others". Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 7 of 68 After capture, Kelley was detained at the mental health facility and ordered into pre-trial confinement while awaiting his court martial. Upon information and belief, during this time Kelley used computers at the facility to attempt to purchase weapons and tactical gear via the internet and have those items shipped to a post office box located in San Antonio, Texas. Upon information and belief, the US Air Force was specifically aware that Kelley attempted to make these firearm purchases while detained at the mental health facility. Eventually, in May 2014, after serving his military prison sentence, the Air Force discharged Kelley with a "bad conduct discharge" rather than a dishonorable discharge, simply reducing him in Rank to that of E-1 rather than stripping him of his service. Like his prior criminal convictions, the US Air Force utterly failed to enter his "bad conduct discharge" into federal databases. A "bad conduct discharge" following court-martial was yet another event that should have disqualified Kelley from purchasing, owning or possessing firearms and ammunition. Due to the foregoing, and most notably his assault arrest and convictions, bad conduct discharge post court-martial and involuntary commitment to a mental facility, the US Air Force, specifically including, but not limited to, the Office of Special Investigations at Holloman Air Force Base ("AFOSI"), and/or the HQ Air Force Security Forces ("HAF/A4S") were required to enter his November 2012 criminal arrest and conviction information into certain computerized databases, specifically including, the FBI's Criminal Justice Information Systems ("CJIS"). The CJIS comprises various computer databases, specifically including the National Crime Information Center ("NCIC") database, Uniform Crime Reporting, Fingerprint Identification and the IAFIS Program which includes both fingerprint and final criminal disposition data. These databases are computerized databases for ready access by an authorized entity making an inquiry into the background of an individual and for prompt disclosure of information in the system from Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 8 of 68 other criminal justice agencies about crimes and criminals. Specifically, the NCIC database is accessed for a number of purposes, and is one such database that is required to be accessed whenever a person seeks to legally purchase certain firearms. Certain criminal convictions, specifically including those of which Airman Kelley was convicted, are required to be entered into the NCIC and other CJIS-related databases. Had Airman Kelley's criminal arrest, conviction and/or bad conduct discharge information been entered, as was required by US Air Force policies, procedures, regulations and/or guidelines, Airman Kelley would have been prevented and prohibited from purchasing, owning and/or possessing firearms, ammunition and body armor, specifically including the firearm and body armor that he used in the shooting. Significantly, the Department of Defense has promulgated regulations that impose upon the various branches of the military, specifically including the US Air Force, certain reporting requirements when a serviceman is convicted of a crime. See Department of Defense INSTRUCTION, Number 5505.11 and subsequent revisions/changes. It is undisputed, and has been readily admitted by the US Air Force in the days following this horrific tragedy, that Airman Kelley's convictions and criminal history were required to be entered into the NCIC database and/or CJIS system but for reasons not presently known the Air Force utterly failed in their reporting obligations. It is also undisputed that had the information been entered into these databases by the Air Force at the time of his convictions in and around November 2012, as was required, Airman Kelley would have been prevented, prohibited and barred from purchasing, owning and/or possessing the firearms, ammunition and body armor used in this massacre and this tragedy would not have occurred. The failures of the Department of Defense, specifically including the US Air Force, are not limited to their failure to timely and accurately enter and/or report Airman Kelley's criminal arrest Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 9 of 68 and conviction information into the appropriate computer database in November 2012. In February 2015 the Inspector General for the U.S. Department of Defense conducted a comprehensive review of the failures of the branches of the US military to promptly and accurately input criminal conviction information into the appropriate computer database, specifically including the NCIC database. See Evaluation of Department of Defense Compliance with Criminal History Data Reporting Requirements, Report Number DODIG-2015-081, dated February 12, 2015 (referred to as the "IG's Report"). The IG's Report examined the continuing failures of conviction reporting by the US Navy, US Air Force and US Marines. In his Report, the Inspector General recognized that as far back as 1997 the branches of the US military had not consistently submitted the required criminal arrest and conviction information to appropriate federal law enforcement agencies, including criminal information databases. See IG Report, at p. 12. With respect to the US Air Force, the 2015 study took a sample of convicted individuals from June 2010 through and including October 31, 2012 (as mentioned above, Airman Kelley was convicted in November 2012 just days after the sample period). During this time frame, the Inspector General found that there were 358 criminal convictions of US Air Force personnel that mandated reporting obligations. However, only 248 fingerprint cards were entered into the appropriate database, representing a failure rate of approximately 31%. With respect to final criminal disposition information regarding these 358 convictions, only 245 final dispositions were reported, representing a failure rate of approximately 32%. Due to these alarming failure rates (more than 3 out of 10 failures by the US Air Force to report required criminal arrest and conviction information) the Inspector General made certain recommendations to the branches of the US military, specifically including the US Air Force. The Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 10 of 68 first recommendation was for the US Air Force to submit and enter the missing fingerprint and final criminal disposition information for the missing individuals identified in the sample period into the appropriate computer databases. Upon review of the Inspector General's Report the US Air Force "agreed" with this recommendation. Unfortunately, Airman Kelley's conviction occurred in November 2012, a mere one month outside the sample examined by the Inspector General. The Inspector General also recommended that due to the high failure rate the US Air Force "take prompt action" to ensure that all arrestee information is properly reported and entered in the various criminal history databases. The US Air Force also specifically "agreed" with the Inspector General's recommendation. See IG Report, at p. 10. Notwithstanding that the US Air Force was specifically aware in 2015 (and likely well before) that on average more than 3 out of 10 criminal arrest and conviction information was not reported, and despite their acknowledgement that they would "promptly ensure" that such systemic failures were corrected, the US Air Force utterly failed the general public, and more specifically the decedent JB Holcombe and his family, by failing to ensure that Airman Kelley's criminal arrest and convictions were properly reported. Despite their specific prior knowledge, the US Air Force utterly and carelessly failed in their reporting obligations which allowed this tragedy to occur and cost the decedent JB Holcombe his life. Had the US Air Force done as required, the shooter would not have been able to purchase, own and/or possess the automatic rifle and body armor that he used to slaughter and injure more than 46 individuals. Claimant's allegations of negligence are not limited to the fact that the US Air Force's failures allowed Kelley to purchase, own and/or possess firearms. The utterly careless and reckless failures of the US Air Force to satisfy their reporting obligations with respect to Airman Kelley's Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 11 of 68 criminal arrest and convictions resulted in numerous missed opportunities for various local law enforcement agencies to prevent further violence by Kelley. Upon information and belief, after his bad conduct discharge from the military local law enforcement personnel made more than 17 visits to Kelley's home on allegations ranging from animal cruelty to domestic violence and sexual assault. For example, on or about June 7, 2013, Comal County, Texas deputies responded to Kelley's home to investigate a report of "rape by force" allegedly perpetrated by Kelley. Without information as to Kelley's prior convictions, deputies investigated the report for months following the report, but no charges were brought once investigators believed Kelley moved to Colorado. Had the information regarding Kelley's criminal arrest and conviction for domestic violence been entered, as was required, Comal County law enforcement would have been aware of that information and perhaps been able to bring felony charges under the Texas Penal Code against Kelley in 2013. In early 2014, local police in Texas responded to Kelley's home to investigate reports of domestic abuse of his then girlfriend Danielle Shields, but charges were not pursued after Shields told responding officers the report was the result of a misunderstanding. Had the US Air Force reported Airman Kelley's criminal arrest and convictions for domestic violence, local law enforcement would have had reason to further investigate any claim of misunderstanding and perhaps pursued felony charges under the Texas Penal Code against Kelley in 2014. In August 2014, Colorado law enforcement responded to Kelley's home to investigate claims of animal cruelty allegedly perpetrated by Kelley, resulting in a standoff with police once Kelley refused to come out of the home. Without information as to Kelley's prior convictions, law enforcement issued Kelley a citation rather arresting him. Had Colorado local law enforcement had information Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 12 of 68 regarding Kelley's violent criminal past, perhaps Kelley would have been arrested and incarcerated in August of 2014. Had the information regarding Kelley's criminal arrest and conviction been entered, as was required, local law enforcement personnel would have been aware of that information when they conducted various welfare checks at the shooter's home in Texas in the months leading up to the shooting. Upon information and belief, local law enforcement also visited the shooter's home due to domestic assault allegations. Had they known that he was convicted of a prior domestic assault, they may have properly entered the home and seized any weapons that were visible, or pursued felony charges under the Texas Penal Code against Kelley at that time. As with his military convictions, any conviction for domestic violence after he was discharged from the military would have likewise barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the massacre. Based upon the foregoing, the injuries and death of decedent JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the United States of America, through the US Air Force, including, but not limited to, in that the US Air Force failed to adhere to the regulations, policies, procedures, and/or guidelines issued by the Department of Defense in failing to report the shooter's criminal arrest and convictions to appropriate federal law enforcement agencies and databases, as was required, thereby allowing the shooter to purchase the semiautomatic rifle, ammunition and body armor used in the massacre; had the US Air Force complied with their necessary and mandatory reporting requirements, the shooter would have been barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 13 of 68 massacre and thus, the shooting would not have taken place; in that the US Air Force failed to comply with Department of Defense regulations, policies, procedures, and/or guidelines, specifically including, but not limited to, Department of Defense INSTRUCTION, Number 5505.11 and subsequent revisions/changes, thereby allowing the shooter to purchase the firearm, ammunition and body armor used in the shooting; in that the US Air Force failed to correct known deficiencies in its criminal arrest and conviction reporting obligations; in that despite its public statements to the contrary the US Air Force failed to adhere or heed the recommendations promulgated by the Inspector General of the Department of Defense concerning its systemic failures to properly report arrest and criminal conviction information; in that the US Air Force failed to comply with its obligations and duties regarding criminal arrest and conviction reporting; in that the US Air Force was specifically aware for years prior to the shooting that it had consistently failed to report required arrest and criminal conviction information and failed to correct these deficiencies; in that the US Air Force failed to appropriately abide by and follow its own internal procedures regarding criminal arrest and conviction information; created a dangerous condition to the public, and specifically to the decedent JB Holcombe, by failing to adhere, comply and/or follow required criminal arrest and conviction information reporting obligations; in that the US Air Force breached the duty of care owed to the public generally, and to the decedent JB Holcombe specifically, in that it failed to report required criminal arrest and conviction information; in that the US Air Force failed to discuss their deficiencies with other branches of the US military and/or other governmental agencies in an attempt to correct these known deficiencies; in that the US Air Force unleashed on the public a dangerous individual who had the ability to purchase firearms, ammunition and body armor when he should have been prevented from doing so; and was otherwise careless, reckless and/or negligent all of which individually and/or jointly, Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 14 of 68 proximately caused, in whole or in part, the subject shooting and the injuries and death of the decedent JB Holcombe. The instant notice of claim is filed by and on behalf of claimant, Joe Holcombe, the parent of the decedent JB Holcombe, and on behalf of the decedent's estate, its heirs, and/or any individual entitled to recover under the applicable damages law, including, but not limited to, $25,000,000 for wrongful death damages suffered as a result of the death of the decedent as set forth above. Joe Holcombe seeks all wrongful death damages for his losses only under the applicable law, including, but not limited to, all economic and non-economic damages, including the loss of past and future income, support, society, love, grief, consortium, services, guidance, care, comfort, companionship and inheritance of the decedent, loss of life's pleasures, loss of enjoyment of life, damages for mental anguish and mental pain and suffering, as well as any other damages recoverable under the applicable law. Section 11 WITNESS: 1) 2) 3) 4) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Stephen Willeford, 55, wounded Farida Brown, 73, wounded Rosanna Solis, adult, wounded Joaquin Ramirez, adult, wounded Rihanna Garza (Garcia), 9, daughter of Joann Ward, wounded David Colbath, wounded Kris Workman, wounded Zachary Poston, wounded Johnnie Langendorff, 27, drove Stephen Willeford to catch perpetrator Ms. Terri Smith, 54, Mr. Lorenzo Flores, 56, Kevin Jordan, 30, David Brown, wounded Sue Soto, Ted Montgomery, Sunday school director Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 15 of 68 David Casillas, 55, lives nearby 17) 18) David Flores, 26, son of Lorenzo Flores, witness 19) Inspector General of the United States Air Force in 2014 Various yet identified members of perpetrator's Chain of Command while on 20) Active Duty in the Air Force. (T5)7C-17,n7nl Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 16 of 68 J Ill IL-J) rri INSTRUCTIONS: Please read carefully the instructions on the CLAIM FOR DAMAGE INJURY, OR DEATH , reverse side and supply information requested on both sides of this form. Use additional sheet(s) if necessary. See reverse side for additional instructions. FORM APPROVE OMB NO. 1105-0 1 Submit to Appropriate Federal Agency: 2. Name, address of claimant, and claimants personal representative if eir,, (See instructions on reverse). Number. Street, City. State and Zip code Secretary of the Air Force Dr. Heather Wilson 1670 Air Force Pentagon Washington, DC 20330-1670 Joe Holcombe (individually) 1387 County Road 304 Floresville, Texas 78114 3. TYPE OF EMPLOYMENT MILITARY X CIVILIAN 4. DATE OF BIRTH 5. MARITAL STATUS 6. DATE AND DAY OF ACCIDENT 09/12/1931 married 11/05/2017 7 TIME (A,M, OR P.M ) Sunday 11:25 A.M. 8. BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary) See Attached Page PROPERTY DAMAGE 9 NAME AND ADDRESS OF OWNER. IF OTHER THAN CLAIMANT (Number. Street City. State. and Zip Code). N/A BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF THE DAMAGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED (See instructions on reverse side). N/A PERSONAL INJURY/WRONGFUL DEATH 10. STATE THE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH. WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT, STATE THE NAME OF THE INJURED PERSON OR DECEDENT. Claimant Joe Holcombe's son was Bryan Holcombe. Bryan was a member of the First Baptist Church of Sutherland Springs, Texas. Bryan Holcombe, son of Joe Holcombe, was shot in the back while walking to the church pulpit to lead the congregation in worship. He died on the floor of the church. Joe Holcombe has suffered grievous mental anguish from the death of his son and the loss of his society, companionship and affection. II. WITNESSES ADDRESS (Number. Street, City, State, and Zip Code) NAME Stephen Willeford Johnnie Langendorff Please see additional list attached 12. (See instructions on reverse). 12a PROPERTY DAMAGE AMOUNT OF CLAIM (in dollars) 12b PERSONAL INJURY 12c. WRONGFUL DEATH 12d. TOTAL (Failure to specify may cause forfeiture of your nghts) 0.00 25.000,000 25,000.000 I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM. 13a URE OF CLAIMANT (S o inst ctions on rover A i side). r 13b. PHONE NUMBER OF PERSON SIGNING FORM 14. DATE OF SIGNATURE g CIVIL PENALTY FOR PRESENTING FRAUDULENT CLAIM CRIMINAL PENALTY FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS The claimant is liable to the United States Government for a civil penalty of not less than 55,000 and not more than S10.000. plus 3 times the amount of damages sustained by the Government. (See 31 U.S.C. 3729), Authorized for Local Reproduction Previous Edition is not Usable 95-109 IIIas /Ron MI- toriq 1 Fine. imprisonment or both, (See 18 U.S.::: 287. 1001.) NSN 7540-00-634-4046 STANDARD FORM 95 (REV, 2/2007) PRESCRIBED BY DEPT. OF JUSTICE 28 CFR 14 2 Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 17 of 68 INSURANCE COVERAGE In order that subrogation claims may be adjudicated. it is essential that the claimant provide the following Information regarding the insurance coverage of the vehicle or property. 15. Do you carry accident Insurance? ❑ Yes If yes, give name and address of insurance company (Number. Street City, State, and Zip Code) and policy number. 18. Have you flied a data with your Insurance carrier to this Instance. and if so, is it full coverage or deductible? 13 Yes 1=1 No p No 17.11deductible. state amount 0.00 18. Ile claim has been filed with your carrier. what action has your insurer taken or proposed to tale with reference to your claim? (Its necessary that you ascertain these facts). WA 19. Do you carry public liability and property damage insurance? Yes If yes, give name and address of insurance carrier (Number, Street City, State, and Zip Code). g No INSTRUCTIONS Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose employee(s) was involved in the incident. If the incident Involves more than one claimant, each claimant should submit a separate claim form. Complete all Items - Insert the word NONE where applicable. A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AUTHORIZED AGENT, OR LEGAL REPRESENTATIVE, AN EXECUTED STANDARD FORM 95 OR OTHER WRITTEN NOTIFICATION OF AN INCIDENT. ACCOMPANIED BY A CLAIM FOR MONEY Failure to completely execute this *OM or to supply the requested material within two years from the date the clam accrued may render your claim Invald. A claim la deemed presented when Nis received by the appropriate agency, not when it is mailed. tf instruction is needed in completing this form. the agency listed in item #1 on the reverse side may be contacted. Complete regulations pertaining to claims asserted under the Federal Tod Claims Act can be found In Title 28. Code of Federal Regulations. Part 14. Many agencies have published supplementing regulations. If more than one agency is Involved. please state each agency. The claim may be tilled by a duly authorized agent or ether legal representative. provided evidence satisfactory to the Government is submited with the claim establishing express authority to =trot the claimant A dairn presented by en agent or legal representative must be presented in the name of the claimant lithe claim is signed by the agent or legal representative, It must show the Otte or legal capacity of the person signing and be accompanied by evidence of hianter authority to present a calm on behalf of the claimant as agent, executer, admIntstrator, parent, guardian or other representative. If claimant intends to file for both personal injury and property damage, the amount for each must be shown In item number 12 of this form. DAMAGES IN A am CERTAIN FOR INJURY TO OR LOSS OF PROPERTY. PERSONAL INJURY. OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT. THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER 'THE CLAIM ACCRUES. The amount defined should be substantiated by competent evidence as follows: (a) In support of the claim for personal injury or death, the claimant should submit a written report by the attending physidan. showing the nature and extent of the injury. the nature and ardent of treatment the degree of permanent disebtlitY, if etly. the prognosis. end the period of hospitalization. or incapacitation. attaching Itemized bins for medical, hospital, or burial expenses actually incurred. (b) In support of claims for damage to property, which has been or can be economically repaired. the claimant shoed submit at least two itemized signed statements or estimates by reliable, disinterested concerns, or. if payment has been made, the itemized signed receipts evidencing payment (c) In support of debris for damage to property which is not economically repairable, or if the property is lost or destroyed, the claimant should submit statements as to the original cost of the property. thedate of purchase, and the value of the property, both before and after the accident. Such statements should be by disinterested competent persons. pretend* reputable dealers or officials familiar with the type of property damaged, or by two or more competitive bidders, and should be certified as being just and correct (d) Failure to specify a sum certain will render your claim invalid and may result in forfeiture of your rights. PRIVACY ACT NOTICE This Notice is provided in accordance with the Privacy Act. 5 U.S.C. 552a(e)(3). and B. totindpetPuipose: The information requested Is to be used in evaluating claims. concerns the information requested in the letter to which this Name is attached. C. Routine Use: See the Notices of Systems of Records for the agency to velem you are A. Authority: The requested Information is solicited pursuant to one or more of the submitting this form for this information. foaming: 5 U.S.C. 301, 28 U.S.C. 501et seq., 2B U.S.C. 2671 et seq., 28 C.F.R. D. Effect ofFeitute toRow:Ince Disclasure is voluntary. However, failure to supply the requested information or to execute the form may render your claim "invalid." Part 14. PAPERWORK REDUCTION ACT NOTICE This notice is solely for the purpose of the Paperwork Reduction Act, 44 U.S.C. 3501. Public reporting burden for this collection of information is estimated te average 6 hours per response, Inch: mg the limier reviewing ban:diens. searching exist' ing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regenting this burden estimate or any other aspect of this caber= of Information, including suggesfronsfor reducing this burden, to the Director. Torts Branch. Attention: Paperwork Reduction Staff, Civil DIvblon. U.S. Department of Justice, Washingten, DC 20530 or to the Office of Management end Budget Do not road completed form(s) to these addresses. STANDARD FORM 95 REV. (2/2007) BACK Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 18 of 68 RIDER TO FORM 95 8. The basis of this claim is under the Federal Tort Claims Act, 28 U.S.C. § 1346 and 28 U.S.C. § 2671, et seq. This notice of claim is filed on behalf of claimant, Joe Holcombe, who is the natural parent of John Bryan Holcombe, deceased (referred to as "JB Holcombe"). This Claim arises from the tragic shooting death of JB Holcombe on Sunday, November 5, 2017, on or about 11:30 A.M. in the First Baptist Church of Sutherland Springs located in Sutherland Springs, Texas. Twenty-six individuals were killed in the shooting, including decedent JB Holcombe, and twenty others were seriously injured. Simply put, JB Holcombe's death was caused, in whole or in part, by the institutional failures of the United States Department of Defense, including, but not limited to, the United States Air Force ("US Air Force"), in that these entities negligently, recklessly, carelessly and/or egregiously failed to report pertinent criminal arrest, conviction and military discharge information of the shooter into a federal database, as was required, which would have prevented and barred the shooter from purchasing, owning, and/or possessing the firearms, ammunition and body armor that he used in the shooting. Incredibly, and quite frankly tragically, the Department of Defense, the US Air Force, and others, were aware as far back as 1997, and more specifically in at least 2015, that the US Air Force (as well as other branches of the United States military) routinely failed to report such required criminal arrest and conviction information. As a result of an internal review conducted by the Inspector General of the Department of Defense which uncovered these repeated failures, the US Air Force agreed that it would take "prompt action to ensure" that convicted offenders are properly reported to appropriate federal databases to prevent them from legally purchasing, owning, and/or possessing firearms, ammunition and/or body armor. Despite this Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 19 of 68 notice and call to action, the Department of Defense, specifically including, but not limited to, the US Air Force, utterly failed in their reporting obligations which was the proximate cause of the decedent JB Holcombe's death. It is undisputed that the perpetrator and sole shooter in this action was former US Air Force member Airman Devin Patrick Kelley ("the shooter"). Upon information and belief, and as the result of a domestic dispute with his in-laws, the shooter entered the First Baptist Church on the morning of November 5, 2017 dressed in all black, clad in body armor and armed with a Ruger Sdmi-Automatic AR-556 rifle that he purchased from a legal and authorized vendor sometime in April 2016. The shooter killed 26 parishioners and injured 20 others, some critically. Upon leaving the church the shooter was confronted by a good Samaritan who shot the shooter twice — once in the leg and once in the chest. The shooter fled the scene and was involved in a high-speed car chase. He then took his own life after his car veered off the road. Although the shooter undoubtedly "pulled the trigger" that resulted in the injuries and death of JB Holcombe and others, the failures of the US Air Force, and others, allowed the shooter to purchase, own and/or possess the semiautomatic rifle, ammunition and body armor he used, and it is these failures that were a proximate cause, in whole or in part, of the injuries and death of the decedent. The US military, specifically including the US Air Force, designed and implemented policies, procedures, regulations and/or guidelines that were specifically designed to prevent individuals such as the shooter from purchasing, owning and/or possessing firearms, ammunition and body armor. It is the failure by the US Air Force to abide by these policies, procedures, regulations and/or guidelines that directly caused this horrific tragedy. It is undisputed that Airman Kelley was a member of the US Air Force, having been on active duty from 2009 until 2014 and stationed at Holloman Air Force Base located in Otero Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 20 of 68 County, New Mexico. In April 2011 Airman Kelley married Tessa K. Loge, who had an infant son from a previous marriage. It is not disputed that after his marriage, then-Airman Kelley was arrested for assault upon his wife and her son, wherein he inflicted serious injuries upon the two, including, but not limited to, fracturing the skull of the infant boy. He was also charged with pointing a loaded gun at his wife, and two counts of threatening his spouse with an unloaded firearm. Upon information and belief, because of these criminal charges a general Court Martial was convened and Airman Kelley was convicted of assault on his wife and her son on November 7, 2012. Due to these convictions Airman Kelley was sentenced to a year in military jail. At that time, he admitted striking the infant boy "with a force likely to produce death or grievous bodily harm". With respect to the assault against his spouse, Kelley admitted that he "hit, kicked, choked and pulled the hair" of his wife. The couple were divorced while Kelley served his jail sentence in a naval brig located in San Diego, California. Airman Kelley was also known to have made threats against his superiors in the Air Force as well as to have attempted to smuggle guns onto the base in violation of Air Force regulations and base standard operating procedures. In addition, given the nature of the criminal charges pending against him, in the Spring of 2012, the Air Force involuntarily committed Airman Kelley to the Peak Behavioral Health Services, a mental facility located in Santa Teresa, New Mexico which has a dedicated unit for US military personnel. On June 7, 2012 Airman Kelley jumped a fence and escaped from the mental facility. He was apprehended by local law enforcement later that same day and was returned to the facility to await his court martial. At the time of his apprehension, it was noted by local law enforcement authorities that Kelley was suffering from mental health issues and that he was a "danger to himself and others". Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 21 of 68 After capture, Kelley was detained at the mental health facility and ordered into pre-trial confinement while awaiting his court martial. Upon information and belief, during this time Kelley used computers at the facility to attempt to purchase weapons and tactical gear via the internet and have those items shipped to a post office box located in San Antonio, Texas. Upon information and belief, the US Air Force was specifically aware that Kelley attempted to make these firearm purchases while detained at the mental health facility. Eventually, in May 2014, after serving his military prison sentence, the Air Force discharged Kelley with a "bad conduct discharge" rather than a dishonorable discharge, simply reducing him in Rank to that of E-1 rather than stripping him of his service. Like his prior criminal convictions, the US Air Force utterly failed to enter his "bad conduct discharge" into federal databases. A "bad conduct discharge" following court-martial was yet another event that should have disqualified Kelley from purchasing, owning or possessing firearms and ammunition. Due to the foregoing, and most notably his assault arrest and convictions, bad conduct discharge post court-martial and involuntary commitment to a mental facility, the US Air Force, specifically including, but not limited to, the Office of Special Investigations at Holloman Air Force Base ("AFOSr), and/or the HQ Air Force Security Forces ("HAF/A4S") were required to enter his November 2012 criminal arrest and conviction information into certain computerized databases, specifically including, the FBI's Criminal Justice Information Systems ("CJIS"). The CJIS comprises various computer databases, specifically including the National Crime Information Center ("NCIC") database, Uniform Crime Reporting, Fingerprint Identification and the IAFIS Program which includes both fingerprint and final criminal disposition data. These databases are computerized databases for ready access by an authorized entity making an inquiry into the background of an individual and for prompt disclosure of information in the system from Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 22 of 68 other criminal justice agencies about crimes and criminals. Specifically, the NCIC database is accessed for a number of purposes, and is one such database that is required to be accessed whenever a person seeks to legally purchase certain firearms. Certain criminal convictions, specifically including those of which Airman Kelley was convicted, are required to be entered into the NCIC and other CJIS-related databases. Had Airman Kelley's criminal arrest, conviction and/or bad conduct discharge information been entered, as was required by US Air Force policies, procedures, regulations and/or guidelines, Airman Kelley would have been prevented and prohibited from purchasing, owning and/or possessing firearms, ammunition and body armor, specifically including the firearm and body armor that he used in the shooting. Significantly, the Department of Defense has promulgated regulations that impose upon the various branches of the military, specifically including the US Air Force, certain reporting requirements when a serviceman is convicted of a crime. See Department of Defense INSTRUCTION Number 5505.11 and subsequent revisions/changes. It is undisputed, and has been readily admitted by the US Air Force in the days following this horrific tragedy, that Airman Kelley's convictions and criminal history were required to be entered into the NCIC database and/or CAS system but for reasons not presently known the Air Force utterly failed in their reporting obligations. It is also undisputed that had the information been entered into these databases by the Air Force at the time of his convictions in and around November 2012, as was required, Airman Kelley would have been prevented, prohibited and barred from purchasing, owning and/or possessing the firearms, ammunition and body armor used in this massacre and this tragedy would not have occurred. The failures of the Department of Defense, specifically including the US Air Force, are not limited to their failure to timely and accurately enter and/or report Airman Kelley's criminal arrest Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 23 of 68 and conviction information into the appropriate computer database in November 2012. In February 2015 the Inspector General for the U.S. Department of Defense conducted a comprehensive review of the failures of the branches of the US military to promptly and accurately input criminal conviction information into the appropriate computer database, specifically including the NCIC database. See Evaluation of Department of Defense Compliance with Criminal History Data Reporting Requirements, Report Number DODIG-2015-081, dated February 12, 2015 (referred to as the "IG's Report"). The IG's Report examined the continuing failures of conviction reporting by the US Navy, US Air Force and US Marines. In his Report, the Inspector General recognized that as far back as 1997 the branches of the US military had not consistently submitted the required criminal arrest and conviction information to appropriate federal law enforcement agencies, including criminal information databases. See IG Report, at p. 12. With respect to the US Air Force, the 2015 study took a sample of convicted individuals from June 2010 through and including October 31, 2012 (as mentioned above, Airman Kelley was convicted in November 2012 just days after the sample period). During this time frame, the Inspector General found that there were 358 criminal convictions of US Air Force personnel that mandated reporting obligations. However, only 248 fmgerprint cards were entered into the appropriate database, representing a failure rate of approximately 31%. With respect to final criminal disposition information regarding these 358 convictions, only 245 final dispositions were reported, representing a failure rate of approximately 32%. Due to these alarming failure rates (more than 3 out of 10 failures by the US Air Force to report required criminal arrest and conviction information) the Inspector General made certain recommendations to the branches of the US military, specifically including the US Air Force. The Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 24 of 68 first recommendation was for the US Air Force to submit and enter the missing fingerprint and final criminal disposition information for the missing individuals identified in the sample period into the appropriate computer databases. Upon review of the Inspector General's Report the US Air Force "agreed" with this recommendation. Unfortunately, Airman Kelley's conviction occurred in November 2012, a mere one month outside the sample examined by the Inspector General. The Inspector General also recommended that due to the high failure rate the US Air Force "take prompt action" to ensure that all arrestee information is properly reported and entered in the various criminal history databases. The US Air Force also specifically "agreed" with the Inspector General's recommendation. See IG Report, at p. 10. Notwithstanding that the US Air Force was specifically aware in 2015 (and likely well before) that on average more than 3 out of 10 criminal arrest and conviction information was not reported, and despite their acknowledgement that they would "promptly ensure" that such systemic failures were corrected, the US Air Force utterly failed the general public, and more specifically the decedent TB Holcombe and his family, by failing to ensure that Airman Kelley's criminal arrest and convictions were properly reported. Despite their specific prior knowledge, the US Air Force utterly and carelessly failed in their reporting obligations which allowed this tragedy to occur and cost the decedent .113 Holcombe his life. Had the US Air Force done as required, the shooter would not have been able to purchase, own and/or possess the automatic rifle and body armor that he used to slaughter and injure more than 46 individuals. Claimant's allegations of negligence are not limited to the fact that the US Air Force's failures allowed Kelley to purchase, own and/or possess firearms. The utterly careless and reckless failures of the US Air Force to satisfy their reporting obligations with respect to Airman Kelley's Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 25 of 68 criminal arrest and convictions resulted in numerous missed opportunities for various local law enforcement agencies to prevent further violence by Kelley. Upon information and belief, after his bad conduct discharge from the military local law enforcement personnel made more than 17 visits to Kelley's home on allegations ranging from animal cruelty to domestic violence and sexual assault. For example, on or about June 7, 2013, Comal County, Texas deputies responded to Kelley's home to investigate a report of "rape by force" allegedly perpetrated by Kelley. Without information as to Kelley's prior convictions, deputies investigated the report for months following the report, but no charges were brought once investigators believed Kelley moved to Colorado. Had the information regarding Kelley's criminal arrest and conviction for domestic violence been entered, as was required, Corral County law enforcement would have been aware of that information and perhaps been able to bring felony charges under the Texas Penal Code against Kelley in 2013. In early 2014, local police in Texas responded to Kelley's home to investigate reports of domestic abuse of his then girlfriend Danielle Shields, but charges were not pursued after Shields told responding officers the report was the result of a misunderstanding. Had the US Air Force reported Airman Kelley's criminal arrest and convictions for domestic violence, local law enforcement would have had reason to further investigate any claim of misunderstanding and perhaps pursued felony charges under the Texas Penal Code against Kelley in 2014. In August 2014, Colorado law enforcement responded to Kelley's home to investigate claims of animal cruelty allegedly perpetrated by Kelley, resulting in a standoff with police once Kelley refused to come out of the home. Without information as to Kelley's prior convictions, law enforcement issued Kelley a citation rather arresting him. Had Colorado local law enforcement had information Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 26 of 68 regarding Kelley's violent criminal past, perhaps Kelley would have been arrested and incarcerated in August of 2014. Had the information regarding Kelley's criminal arrest and conviction been entered, as was required, local law enforcement personnel would have been aware of that information when they conducted various welfare checks at the shooter's home in Texas in the months leading up to the shooting. Upon information and belief, local law enforcement also visited the shooter's home due to domestic assault allegations. Had they known that he was convicted of a prior domestic assault, they may have properly entered the home and seized any weapons that were visible, or pursued felony charges under the Texas Penal Code against Kelley at that time. As with his military convictions, any conviction for domestic violence after he was discharged from the military would have likewise barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the massacre. Based upon the foregoing, the injuries and death of decedent JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the United States of America, through the US Air Force, including, but not limited to, in that the US Air Force failed to adhere to the regulations, policies, procedures, and/or guidelines issued by the Department of Defense in failing to report the shooter's criminal arrest and convictions to appropriate federal law enforcement agencies and databases, as was required, thereby allowing the shooter to purchase the semiautomatic rifle, ammunition and body armor used in the massacre; had the US Air Force complied with their necessary and mandatory reporting requirements, the shooter would have been barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 27 of 68 massacre and thus, the shooting would not have taken place; in that the US Air Force failed to comply with Department of Defense regulations, policies, procedures, and/or guidelines, specifically including, but not limited to, Department of Defense INSTRUCTION, Number 5505.11 and subsequent revisions/changes, thereby allowing the shooter to purchase the firearm, ammunition and body armor used in the shooting; in that the US Air Force failed to correct known deficiencies in its criminal arrest and conviction reporting obligations; in that despite its public statements to the contrary the US Air Force failed to adhere or heed the recommendations promulgated by the Inspector General of the Department of Defense concerning its systemic failures to properly report arrest and criminal conviction information; in that the US Air Force failed to comply with its obligations and duties regarding criminal arrest and conviction reporting; in that the US Air Force was specifically aware for years prior to the shooting that it had consistently failed to report required arrest and criminal conviction information and failed to correct these deficiencies; in that the US Air Force failed to appropriately abide by and follow its own internal procedures regarding criminal arrest and conviction information; created a dangerous condition to the public, and specifically to the decedent JB Holcombe, by failing to adhere, comply and/or follow required criminal arrest and conviction information reporting obligations; in that the US Air Force breached the duty of care owed to the public generally, and to the decedent JB Holcombe specifically, in that it failed to report required criminal arrest and conviction information; in that the US Air Force failed to discuss their deficiencies with other branches of the US military and/or other governmental agencies in an attempt to correct these known deficiencies; in that the US Air Force unleashed on the public a dangerous individual who had the ability to purchase firearms, ammunition and body armor when he should have been prevented from doing so; and was otherwise careless, reckless and/or negligent all of which individually and/or jointly, Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 28 of 68 proximately caused, in whole or in part, the subject shooting and the injuries and death of the decedent JB Holcombe. The instant notice of claim is filed by and on behalf of claimant, Joe Holcombe, the parent of the decedent JB Holcombe, and on behalf of the decedent's estate, its heirs, and/or any individual entitled to recover under the applicable damages law, including, but not limited to, $25,000,000 for wrongful death damages suffered as a result of the death of the decedent as set forth above. Joe Holcombe seeks all wrongful death damages for his losses only under the applicable law, including, but not limited to, all economic and non-economic damages, including the loss of past and future income, support, society, love, grief, consortium, services, guidance, care, comfort, companionship and inheritance of the decedent, loss of life's pleasures, loss of enjoyment of life, damages for mental anguish and mental pain and suffering, as well as any other damages recoverable under the applicable law. Section 11 WITNESS: 1) 2) 3) 4) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Stephen Willeford, 55, wounded Fulda Brown, 73, wounded Rosanna Solis, adult, wounded Joaquin Ramirez, adult, wounded Rihanna Garza (Garcia), 9, daughter of Joann Ward, wounded David Colbath, wounded Kris Workman, wounded Zachary Poston, wounded Johnnie Langendorff, 27, drove Stephen Willeford to catch perpetrator Ms. Terri Smith, 54, Mr. Lorenzo Flores, 56, Kevin Jordan, 30, David Brown, wounded Sue Soto, Ted Montgomery, Sunday school director Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 29 of 68 17) David Casillas, 55, lives nearby 18) David Flores, 26, son of Lorenzo Flores, witness 19) Inspector General of the United States Air Force in 2014 20) Various yet identified members of perpetrator's Chain of Command while on Active Duty in the Air Force. USPS TRACKING # 11111 1 Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 First-Class Page 30 of 68 Mail 9590 9402 United States Postai Service Postage & Fees Paid USPS Permit No-G-10 '92' x,96 3156 95 • Sender;Please print-your name, address, and ZIP+4® in this box* The Ammons Law Firm ATTN: CRYSTAL COWART 3700 Montrose Blvd Houston, TX 77006 rti comrx —(it okviCei SECTION ON DELIVERY COMPLETE THIS_SECTION" SENDER: Case 5:18-cv-00555 Document 1-1COMPLETE Filed THIS 06/06/18 Page 31 of 68 • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LT. General Christopher F. 13arne, Through the Chiel'of the Claims & Tort Litigation A. Signature X D. Is delivery address different from item 1? 0 es If YES, enter delivery address below: 0 No united States Air Force Claims & 'Fort Litigation Division '1500 West PerimeterRd.,S iite 1700 ',Joint Rase Andrews. Maryknd 20762 T! 0119114!121113t121117111j11 6 11 311111j15111 2. Article Number (Transfer from serviqe label) EL ,c(ci ao.3 S5 L PS Form 3811, July 2015 PSN 7530-02-000-9053 a. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery edified Mall® ettled Mall Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery ❑ Insured Mail 0 Insured Mall Restricted Delivery (over $500) n elriority Mall Express® ❑ Registered MaiITM 0 Registered Mail Restricted Delivery 13 Return Receipt for Merchandise 0 Signature Confirmationm. O Signature Confirmation Restricted Delivery Domestic Return Receipt SECTION ON DELIVERY Case 5:18-cv-00555 Document 1-1COMPLETE Filed THIS 06/06/18 Page 32 of 68 I/I Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LT. General Christopher F. Mane, Esq. Througi the Chief of the Claims &. Tort Litigation Division United States Air Force Claims &• Tort Litigation Division '1500 West Perimeter Rd.,Suile 1700 loint Base Andrews, Maryland 20762 111111111111 HIP 11111111111111 11111111 9590 9402 3292 7196 3156 88 2. Article Number (Transfer from service label) CL (Ogg 2.2 0 3 (114 US PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature ❑ Agent X ❑ Addressee . Received by Tinted Name) C. Data of Delivery D. Is delivery address different from item 1 If YES, enter delivery address below: 3. Service Type ❑ Adult Signature dult Signature Restricted Delivery ertified Mail® ■ ertified Mall Restricted Delivery O Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mall ❑ Insured Mail Restricted Delivery (over $500) ■ es El No riarity Mail Express® ❑ Registered ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation. ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt iii I L'PNPkclt'i!i_Tk Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 First-Class Page 33 of 68 Mal Postage & Fees Paid LISPS Permit No. G-10 9590. 9402 3292 7196 3156 88 United States Postal Service • Sender: Please printyour name, address, and ZIP+4® in this box* The Ammons Law Firm ATTN: CRYSTAL COWART 3700 Montrose Blvd Houston, TX 77006 r-t Hot Colm 19-c —tae )iIi1,11fii1f~fiiIiII'cif' 'Iff~lti~I1'IIf illril,,,l ,filiffii 1, Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 34 of 68 THE AMMONS LAW FIRM A LIMITED LIABILITY PARTNERSHIP ROBERT E. AMMONS A Member of Texas, Arizona, Florida a►►d New York Slate Bar BOARD CERTIFIED - PERSONAL INJURY TRIAL LAW BOARD CERTIFIED - CIVIL TRIAL ADVOCATE Texas Board of Legal Specialization National Board of Trial Advocary November 27, 2017 Lt. General Christopher F. Burne, Esq. Through the Chief of the Claims and Tort Litigation Division United States Air Force Claims and Tort Litigation Division 1500 West Perimeter Road Suite 1700 Joint Base Andrews, Maryland 20762 RE: Federal Tort Claims Act SF-95 on Behalf of Claryce Holcombe Dear General Burne: My firm represents Claryce Holcombe for the death of her son, as detailed in the enclosed material. We are serving these documents, including the SF-95 and attachments, upon you pursuant to 14 CFR 842.79(b). We look forward to further conversations with you and your staff in the near future, and remain available to speak with the Claims and Tort Division personnel if they have any questions regarding the Claim Packet or our representation. I may be reached at by telephone at (713) 5231606 or by email at nammonsOammonslaw.com. Please provide copies noting receipt as provided in the self-addressed pre-paid envelope included. We look forward to working with you on these claims. Very Respectfully, Robert . Ammons 3700 MONTROSE BOULEVARD, HOUSTON, TEXAS 77006 I P 713.523.1606 I F 713.523.4159 I WWW.AMMONSLAW.COM Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 35 of 68 I • INSTRUCTIONS: Please read carefully the instructions on the CLAIM FOR DAMAGE, INJURY, OR DEATH reverse side and supply information requested on both sides of this form. Use additional sheet(s) if necessary. See reverse side for additional instructions. FORM APPROVED OMB NO. 1105-0008 1 Submit to Appropriate Federal Agency: 2. Name, address of claimant, and claimant's personal representative if any. (See instructions on reverse), Number, Street, City, State and Zip code Secretary of the Air Force Dr. Heather Wilson 1670 Air Force Pentagon Washington, DC 20330-1670 Claryce S. Holcombe (individually) 1387 County Road 304 Floresville, Texas 78114 3. TYPE OF EMPLOYMENT ❑ MILITARY Z CIVILIAN 4. DATE OF BIRTH 5. MARITAL STATUS 6. DATE AND DAY OF ACCIDENT 7. TIME (A.M OR P.M.) 12/04/1932 married 11/05/2017 11:25 A.M. Sunday 8. BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary) See Attached Page PROPERTY DAMAGE 9. NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number. Street, City. State. and Zip Code) N/A BRIET, LY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF THE DAMAGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED. (See instructions on reverse side). N/A PERSONAL INJURYIWRONGFUL DEATH 10. STATE THE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT, STATE THE NAME OF THE INJURED PERSON OR DECEDENT. Claimant Claryce Holcombe's son was Bryan Holcombe, a member of the First Baptist Church of Sutherland Springs, Texas. Bryan Holcombe was shot in the back while walking to the church pulpit to lead the congregation in worship. He died on the floor of the church. Claryce Holcombe has suffered grievous mental anguish from the death of her son and the loss of his society, companionship and affection. WITNESSES 11. ADDRESS (Number, Street, City. Stale. and Zip Code) NAME Stephen Willeford Johnnie Langendorff Please see additional list attached AMOUNT OF CLAIM (in dollars) 12. (See instructions on reverse) 12b. PERSONAL INJURY 12a. PROPERTY DAMAGE 0.00 12c. WRONGFUL DEATH 12d. TOTAL (Failure to specify may cause forfeiture of your rights). 25,000,000 25,000,000 I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM. 13b. PHONE NUMBER OF PERSON SIGNING FORM 14. DATE OF SIGNATURE 13a. SIGNATURE OF CLAIMA T (S e instruc . ns on reverse 'de). . . O The claimant is liable to the United States Government fora civil penalty of rot less than $5,000 and not more than S10,000, plus 3 times the amount of damages sustained by the Government. (See 31 U.S.C. 3729). Authorized for Local Reproduction Previous Edition is not Usable 95-109 395 --lil«1 li N t5/RD11 CRIMINAL PENALTY FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS CIVIL PENALTY FOR PRESENTING FRAUDULENT CLAIM Fine, imprisonment, or both. (See 18 U.S.C. 287, 1001.) NSN 7540-00-634-4046 STANDARD FORM 95 (REV. 2/2007) PRESCRIBED BY DEPT. OF JUSTICE 28 CFR 14.2 Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 36 of 68 INSURANCE COVERAGE In order that subrogation claims may be adjudicated, it is essential that the claimant provide the following information regarding the insurance coverage of the vehicle or property. 15. Do you carry accident Insurance? El Yes If yes, give name and address of insurance company (Number, Street, City, State, and Zip Code) and policy number. El 16. Have you filed a data with your insurance carrier in this instance, and if so, is it full coverage or deductible? El Yes El No No 17. If deductible, state amount. 0.00 18. If a data has been filed with your carrier, what action has your insurer taken or proposed to take with reference to your claim? (It is necessary that you ascertain these facts). N/A 19. Do you carry public liability and property damage insurance? ❑Yes If yes, give name and address of insurance carrier (Number, Street, City, State, and Zip Code). N No INSTRUCTIONS Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose employee(s) was involved in the incident. If the incident involves more than one claimant, each claimant should submit a separate claim form. Complete all items - Insert the word NONE where applicable. A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AUTHORIZED AGENT, OR LEGAL REPRESENTATIVE, AN EXECUTED STANDARD FORM 95 OR OTHER WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR MONEY Failure to completely execute this form or to supply the requested material within two years from the date the claim accrued may render your claim invalid. A claim is deemed presented when it is received by the appropriate agency, not when it is mailed. If instruction is needed in completing this form, the agency listed in item #1 on the reverse side may be contacted. Complete regulations pertaining to claims asserted under the Federal Tort Claims Act can be found in Title 28, Code of Federal Regulations, Part 14. Many agencies have published supplementing regulations. If more than one agency is involved, please state each agency. The claim may be filled by a duly authorized agent or other legal representative, provided evidence satisfactory to the Government is submitted with the claim establishing express authority to act for the claimant. A claim presented by an agent or legal representative must be presented in the name of the claimant. If the claim is signed by the agent or legal representative, it must show the title or legal capacity of the person signing and be accompanied by evidence of his/her authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian or other representative. If claimant intends to file for both personal injury and property damage, the amount for each must be shown in item number 12 of this form. DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT. THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM ACCRUES. The amount claimed should be substantiated by competent evidence as follows: (a) In support of the claim for personal injury or death, the claimant should submit a written report by the attending physician, showing the nature and extent of the injury, the nature and extent of treatment, the degree of permanent disability, if any, the prognosis, and the period of hospitalization, or incapacitation, attaching itemized bills for medical, hospital, or burial expenses actually incurred. (b) In support of claims for damage to property, which has been or can be economically repaired, the claimant should submit at least two itemized signed statements or estimates by reliable, disinterested concerns, or, if payment has been made, the itemized signed receipts evidencing payment. (c) In support of claims for damage to property which is not economically repairable, or if the property is lost or destroyed, the claimant should submit statements as to the original cost of the property, the date of purchase, and the value of the property, both before and after the accident. Such statements should be by disinterested competent persons, preferably reputable dealers or officials familiar with the type of property damaged, or by two or more competitive bidders, and should be certified as being just and correct. (d) Failure to specify a sum certain will render your claim invalid and may result in forfeiture of your rights. PRIVACY ACT NOTICE This Notice is provided in accordance with the Privacy Act 5 U.S.C. 552a(e)(3), and concerns the information requested in the letter to which this Notice is attached. A. Authority: The requested information is solicited pursuant to one or more of the following: 5 U.S.C. 301, 28 U.S.C. 501 et seq., 28 U.S.C. 2671 et seq., 28 C.F.R. Part 14. B. Principal Purpose: The information requested is to be used in evaluating daims. C. Routine Use: See the Notices of Systems of Records for the agency to whom you are submitting this form for this information. D. Effect ofFailure to Respond: Disclosure is voluntary. However, failure to supply the requested information or to execute the form may render your claim "invalid." PAPERWORK REDUCTION ACT NOTICE This notice is solely for the purpose of the Paperwork Reduction Act, 44 U.S.C. 3501. Public reporting burden for this collection of information is estimated to average 6 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Director, Torts Branch, Attention: Paperwork Reduction Staff, Civil Division, U.S. Department of Justice, Washington, DC 20530 or to the Office of Management and Budget. Do not mail completed forrn(s) to these addresses. STANDARD FORM 95 REV. (2/2007) BACK Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 37 of 68 RIDER TO FORM 95 8. The basis of this claim is under the Federal Tort Claims Act, 28 U.S.C. § 1346 and 28 U.S.C. § 2671, et seq. This notice of claim is filed on behalf of claimant, Claryce Holcombe, who is the natural parent of John Bryan Holcombe, deceased (referred to as "JB Holcombe"). This Claim arises from the tragic shooting death of JB Holcombe on Sunday, November 5, 2017, on or about 11:30 A.M. in the First Baptist Church of Sutherland Springs located in Sutherland Springs, Texas. Twentysix individuals were killed in the shooting, including decedent JB Holcombe, and twenty others were seriously injured. Simply put, JB Holcombe's death was caused, in whole or in part, by the institutional failures of the United States Department of Defense, including, but not limited to, the United States Air Force ("US Air Force"), in that these entities negligently, recklessly, carelessly and/or egregiously failed to report pertinent criminal arrest, conviction and military discharge information of the shooter into a federal database, as was required, which would have prevented and barred the shooter from purchasing, owning, and/or possessing the firearms, ammunition and body armor that he used in the shooting. Incredibly, and quite frankly tragically, the Department of Defense, the US Air Force, and others, were aware as far back as 1997, and more specifically in at least 2015, that the US Air Force (as well as other branches of the United States military) routinely failed to report such required criminal arrest and conviction information. As a result of an internal review conducted by the Inspector General of the Department of Defense which uncovered these repeated failures, the US Air Force agreed that it would take "prompt action to ensure" that convicted offenders are properly reported to appropriate federal databases to prevent them from legally purchasing, owning, and/or possessing firearms, ammunition and/or body armor. Despite this Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 38 of 68 notice and call to action, the Department of Defense, specifically including, but not limited to, the US Air Force, utterly failed in their reporting obligations which was the proximate cause of the decedent JB Holcombe's death. It is undisputed that the perpetrator and sole shooter in this action was former US Air Force member Airman Devin Patrick Kelley ("the shooter"). Upon information and belief, and as the result of a domestic dispute with his in-laws, the shooter entered the First Baptist Church on the morning of November 5, 2017 dressed in all black, clad in body armor and armed with a Ruger Semi-Automatic AR-556 rifle that he purchased from a legal and authorized vendor sometime in April 2016. The shooter killed 26 parishioners and injured 20 others, some critically. Upon leaving the church the shooter was confronted by a good Samaritan who shot the shooter twice — once in the leg and once in the chest. The shooter fled the scene and was involved in a high-speed car chase. He then took his own life after his car veered off the road. Although the shooter undoubtedly "pulled the trigger" that resulted in the injuries and death of JB Holcombe and others, the failures of the US Air Force, and others, allowed the shooter to purchase, own and/or possess the semiautomatic rifle, ammunition and body armor he used, and it is these failures that were a proximate cause, in whole or in part, of the injuries and death of the decedent. The US military, specifically including the US Air Force, designed and implemented policies, procedures, regulations and/or guidelines that were specifically designed to prevent individuals such as the shooter from purchasing, owning and/or possessing firearms, ammunition and body armor. It is the failure by the US Air Force to abide by these policies, procedures, regulations and/or guidelines that directly caused this horrific tragedy. It is undisputed that Airman Kelley was a member of the US Air Force, having been on active duty from 2009 until 2014 and stationed at Holloman Air Force Base located in Otero Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 39 of 68 County, New Mexico. In April 2011 Airman Kelley married Tessa K. Loge, who had an infant son from a previous marriage. It is not disputed that after his marriage, then-Airman Kelley was arrested for assault upon his wife and her son, wherein he inflicted serious injuries upon the two, including, but not limited to, fracturing the skull of the infant boy. He was also charged with pointing a loaded gun at his wife, and two counts of threatening his spouse with an unloaded firearm. Upon information and belief, because of these criminal charges a general Court Martial was convened and Airman Kelley was convicted of assault on his wife and her son on November 7, 2012. Due to these convictions Airman Kelley was sentenced to a year in military jail. At that time, he admitted striking the infant boy "with a force likely to produce death or grievous bodily harm". With respect to the assault against his spouse, Kelley admitted that he "hit, kicked, choked and pulled the hair" of his wife. The couple were divorced while Kelley served his jail sentence in a naval brig located in San Diego, California. Airman Kelley was also known to have made threats against his superiors in the Air Force as well as to have attempted to smuggle guns onto the base in violation of Air Force regulations and base standard operating procedures. In addition, given the nature of the criminal charges pending against him, in the Spring of 2012, the Air Force involuntarily committed Airman Kelley to the Peak Behavioral Health Services, a mental facility located in Santa Teresa, New Mexico which has a dedicated unit for US military personnel. On June 7, 2012 Airman Kelley jumped a fence and escaped from the mental facility. He was apprehended by local law enforcement later that same day and was returned to the facility to await his court martial. At the time of his apprehension, it was noted by local law enforcement authorities that Kelley was suffering from mental health issues and that he was a "danger to himself and others". Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 40 of 68 After capture, Kelley was detained at the mental health facility and ordered into pre-trial confinement while awaiting his court martial. Upon information and belief, during this time Kelley used computers at the facility to attempt to purchase weapons and tactical gear via the internet and have those items shipped to a post office box located in San Antonio, Texas. Upon information and belief, the US Air Force was specifically aware that Kelley attempted to make these firearm purchases while detained at the mental health facility. Eventually, in May 2014, after serving his military prison sentence, the Air Force discharged Kelley with a "bad conduct discharge" rather than a dishonorable discharge, simply reducing him in Rank to that of E-1 rather than stripping him of his service. Like his prior criminal convictions, the US Air Force utterly failed to enter his "bad conduct discharge" into federal databases. A "bad conduct discharge" following court-martial was yet another event that should have disqualified Kelley from purchasing, owning or possessing firearms and ammunition. Due to the foregoing, and most notably his assault arrest and convictions, bad conduct discharge post court-martial and involuntary commitment to a mental facility, the US Air Force, specifically including, but not limited to, the Office of Special Investigations at Holloman Air Force Base ("AFOSI"), and/or the HQ Air Force Security Forces ("HAF/A4S") were required to enter his November 2012 criminal arrest and conviction information into certain computerized databases, specifically including, the FBI's Criminal Justice Information Systems ("CJIS"). The CJIS comprises various computer databases, specifically including the National Crime Information Center ("NCIC") database, Uniform Crime Reporting, Fingerprint Identification and the IAFIS Program which includes both fingerprint and final criminal disposition data. These databases are computerized databases for ready access by an authorized entity making an inquiry into the background of an individual and for prompt disclosure of information in the system from Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 41 of 68 other criminal justice agencies about crimes and criminals. Specifically, the NCIC database is accessed for a number of purposes, and is one such database that is required to be accessed whenever a person seeks to legally purchase certain firearms. Certain criminal convictions, specifically including those of which Airman Kelley was convicted, are required to be entered into the NCIC and other CJIS-related databases. Had Airman Kelley's criminal arrest, conviction and/or bad conduct discharge information been entered, as was required by US Air Force policies, procedures, regulations and/or guidelines, Airman Kelley would have been prevented and prohibited from purchasing, owning and/or possessing firearms, ammunition and body armor, specifically including the firearm and body armor that he used in the shooting. Significantly, the Department of Defense has promulgated regulations that impose upon the various branches of the military, specifically including the US Air Force, certain reporting requirements when a serviceman is convicted of a crime. See Department of Defense INSTRUCTION, Number 5505.11 and subsequent revisions/changes. It is undisputed, and has been readily admitted by the US Air Force in the days following this horrific tragedy, that Airman Kelley's convictions and criminal history were required to be entered into the NCIC database and/or CJIS system but for reasons not presently known the Air Force utterly failed in their reporting obligations. It is also undisputed that had the information been entered into these databases by the Air Force at the time of his convictions in and around November 2012, as was required, Airman Kelley would have been prevented, prohibited and barred from purchasing, owning and/or possessing the firearms, ammunition and body armor used in this massacre and this tragedy would not have occurred. The failures of the Department of Defense, specifically including the US Air Force, are not limited to their failure to timely and accurately enter and/or report Airman Kelley's criminal arrest Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 42 of 68 and conviction information into the appropriate computer database in November 2012. In February 2015 the Inspector General for the U.S. Department of Defense conducted a comprehensive review of the failures of the branches of the US military to promptly and accurately input criminal conviction information into the appropriate computer database, specifically including the NCIC database. See Evaluation of Department of Defense Compliance with Criminal History Data Reporting Requirements, Report Number DODIG-2015-081, dated February 12, 2015 (referred to as the "IG's Report"). The IG's Report examined the continuing failures of conviction reporting by the US Navy, US Air Force and US Marines. In his Report, the Inspector General recognized that as far back as 1997 the branches of the US military had not consistently submitted the required criminal arrest and conviction information to appropriate federal law enforcement agencies, including criminal information databases. See IG Report, at p. 12. With respect to the US Air Force, the 2015 study took a sample of convicted individuals from June 2010 through and including October 31, 2012 (as mentioned above, Airman Kelley was convicted in November 2012 just days after the sample period). During this time frame, the Inspector General found that there were 358 criminal convictions of US Air Force personnel that mandated reporting obligations. However, only 248 fingerprint cards were entered into the appropriate database, representing a failure rate of approximately 31%. With respect to final criminal disposition information regarding these 358 convictions, only 245 final dispositions were reported, representing a failure rate of approximately 32%. Due to these alarming failure rates (more than 3 out of 10 failures by the US Air Force to report required criminal arrest and conviction information) the Inspector General made certain recommendations to the branches of the US military, specifically including the US Air Force. The Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 43 of 68 first recommendation was for the US Air Force to submit and enter the missing fingerprint and final criminal disposition information for the missing individuals identified in the sample period into the appropriate computer databases. Upon review of the Inspector General's Report the US Air Force "agreed" with this recommendation. Unfortunately, Airman Kelley's conviction occurred in November 2012, a mere one month outside the sample examined by the Inspector General. The Inspector General also recommended that due to the high failure rate the US Air Force "take prompt action" to ensure that all arrestee information is properly reported and entered in the various criminal history databases. The US Air Force also specifically "agreed" with the Inspector General's recommendation. See IG Report, at p. 10. Notwithstanding that the US Air Force was specifically aware in 2015 (and likely well before) that on average more than 3 out of 10 criminal arrest and conviction information was not reported, and despite their acknowledgement that they would "promptly ensure" that such systemic failures were corrected, the US Air Force utterly failed the general public, and more specifically the decedent JB Holcombe and his family, by failing to ensure that Airman Kelley's criminal arrest and convictions were properly reported. Despite their specific prior knowledge, the US Air Force utterly and carelessly failed in their reporting obligations which allowed this tragedy to occur and cost the decedent JB Holcombe his life. Had the US Air Force done as required, the shooter would not have been able to purchase, own and/or possess the automatic rifle and body armor that he used to slaughter and injure more than 46 individuals. Claimant's allegations of negligence are not limited to the fact that the US Air Force's failures allowed Kelley to purchase, own and/or possess firearms. The utterly careless and reckless failures of the US Air Force to satisfy their reporting obligations with respect to Airman Kelley's Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 44 of 68 criminal arrest and convictions resulted in numerous missed opportunities for various local law enforcement agencies to prevent further violence by Kelley. Upon information and belief, after his bad conduct discharge from the military local law enforcement personnel made more than 17 visits to Kelley's home on allegations ranging from animal cruelty to domestic violence and sexual assault. For example, on or about June 7, 2013, Comal County, Texas deputies responded to Kelley's home to investigate a report of "rape by force" allegedly perpetrated by Kelley. Without information as to Kelley's prior convictions, deputies investigated the report for months following the report, but no charges were brought once investigators believed Kelley moved to Colorado. Had the information regarding Kelley's criminal arrest and conviction for domestic violence been entered, as was required, Comal County law enforcement would have been aware of that information and perhaps been able to bring felony charges under the Texas Penal Code against Kelley in 2013. In early 2014, local police in Texas responded to Kelley's home to investigate reports of domestic abuse of his then girlfriend Danielle Shields, but charges were not pursued after Shields told responding officers the report was the result of a misunderstanding. Had the US Air Force reported Airman Kelley's criminal arrest and convictions for domestic violence, local law enforcement would have had reason to further investigate any claim of misunderstanding and perhaps pursued felony charges under the Texas Penal Code against Kelley in 2014. In August 2014, Colorado law enforcement responded to Kelley's home to investigate claims of animal cruelty allegedly perpetrated by Kelley, resulting in a standoff with police once Kelley refused to come out of the home. Without information as to Kelley's prior convictions, law enforcement issued Kelley a citation rather arresting him. Had Colorado local law enforcement had information Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 45 of 68 regarding Kelley's violent criminal past, perhaps Kelley would have been arrested and incarcerated in August of 2014. Had the information regarding Kelley's criminal arrest and conviction been entered, as was required, local law enforcement personnel would have been aware of that information when they conducted various welfare checks at the shooter's home in Texas in the months leading up to the shooting. Upon information and belief, local law enforcement also visited the shooter's home due to domestic assault allegations. Had they known that he was convicted of a prior domestic assault, they may have properly entered the home and seized any weapons that were visible, or pursued felony charges under the Texas Penal Code against Kelley at that time. As with his military convictions, any conviction for domestic violence after he was discharged from the military would have likewise barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the massacre. Based upon the foregoing, the injuries and death of decedent JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the United States of America, through the US Air Force, including, but not limited to, in that the US Air Force failed to adhere to the regulations, policies, procedures, and/or guidelines issued by the Department of Defense in failing to report the shooter's criminal arrest and convictions to appropriate federal law enforcement agencies and databases, as was required, thereby allowing the shooter to purchase the semiautomatic rifle, ammunition and body armor used in the massacre; had the US Air Force complied with their necessary and mandatory reporting requirements, the shooter would have been barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 46 of 68 massacre and thus, the shooting would not have taken place; in that the US Air Force failed to comply with Department of Defense regulations, policies, procedures, and/or guidelines, specifically including, but not limited to, Department of Defense INSTRUCTION, Number 5505.11 and subsequent revisions/changes, thereby allowing the shooter to purchase the firearm, ammunition and body armor used in the shooting; in that the US Air Force failed to correct known deficiencies in its criminal arrest and conviction reporting obligations; in that despite its public statements to the contrary the US Air Force failed to adhere or heed the recommendations promulgated by the Inspector General of the Department of Defense concerning its systemic failures to properly report arrest and criminal conviction information; in that the US Air Force failed to comply with its obligations and duties regarding criminal arrest and conviction reporting; in that the US Air Force was specifically aware for years prior to the shooting that it had consistently failed to report required arrest and criminal conviction information and failed to correct these deficiencies; in that the US Air Force failed to appropriately abide by and follow its own internal procedures regarding criminal arrest and conviction information; created a dangerous condition to the public, and specifically to the decedent JB Holcombe, by failing to adhere, comply and/or follow required criminal arrest and conviction information reporting obligations; in that the US Air Force breached the duty of care owed to the public generally, and to the decedent JB Holcombe specifically, in that it failed to report required criminal arrest and conviction information; in that the US Air Force failed to discuss their deficiencies with other branches of the US military and/or other governmental agencies in an attempt to correct these known deficiencies; in that the US Air Force unleashed on the public a dangerous individual who had the ability to purchase firearms, ammunition and body armor when he should have been prevented from doing so; and was otherwise careless, reckless and/or negligent all of which individually and/or jointly, Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 47 of 68 proximately caused, in whole or in part, the subject shooting and the injuries and death of the decedent JB Holcombe. The instant notice of claim is filed by and on behalf of the claimant, Claryce Holcombe, the parent of the decedent JB Holcombe, and on behalf of the decedent's estate, its heirs, and/or any individual entitled to recover under the applicable damages law, including, but not limited to, $25,000,000 for wrongful death damages suffered as a result of the death of the decedent as set forth above. Claryce Holcombe seeks all wrongful death damages for her losses only under the applicable law, including, but not limited to, all economic and non-economic damages, including the loss of past and future income, support, society, love, grief, consortium, services, guidance, care, comfort, companionship and inheritance of the decedent, loss of life's pleasures, loss of enjoyment of life, damages for mental anguish and mental pain and suffering, as well as any other damages recoverable under the applicable law. Section 11 WITNESS: 1) 2) 3) 4) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Stephen Willeford, 55, wounded Farida Brown, 73, wounded Rosanna Solis, adult, wounded Joaquin Ramirez, adult, wounded Rihanna Garza (Garcia), 9, daughter of Joann Ward, wounded David Colbath, wounded Kris Workman, wounded Zachary Poston, wounded Johnnie Langendorff, 27, drove Stephen Willeford to catch perpetrator Ms. Terri Smith, 54, Mr. Lorenzo Flores, 56, Kevin Jordan, 30, David Brown, wounded Sue Soto, Ted Montgomery, Sunday school director Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 48 of 68 17) David Casillas, 55, lives nearby David Flores, 26, son of Lorenzo Flores, witness 18) Inspector General of the United States Air Force in 2014 19) Various yet identified members of perpitrator's Chain of Command while on 20) Active Duty in the Air Force. E-nim - ) 7ofC68 (7 5 Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 49 CLAIM FOR DAMAGE, INJURY, OR DEATH I INSTRUCTIONS: Please read carefully the instructions on the FORM ).,\PF21? reverse side and supply information requested on both sides of this form. Use additional sheet(s) if necessary. See reverse side for additional instructions. OMB " 0 : tlb ' 0008 . Claryce S. Holcombe (individually) 1387 County Road 304 Floresville, Texas 78114 CIVILIAN o 0 4 4,1, 4. DATE OF BIRTH 5. MARITAL STATUS 6. DATE AND DAY OF ACCIDENT 7. TIME (A M. OR P.M.) 12/04/1932 married 11105/2017 11:25 A.M. Sunday • • • Secretary of the Air Force Dr. Heather Wilson 1670 Air Force Pentagon Washington, DC 20330-1670 X 4. • • • : - 2. Name. address of claimant. and claimant's personal representative lia:r7. ;See instructions on reverse) Number, Street, City, State and zip code.: • MILITARY . - •• 1 Submit to Appropriate Federal Agency: 3 TYPE OF EMPLOYMENT • •: • 8 BASIS OF CLAIM (State on detail the known facts and circumstances attending the damage. Injury, or death, identifying persons and property involved. the place of occurrence and the cause thereof. Use additional pages if necessary). See Attached Page PROPERTY DAMAGE 9 NAME AND ADDRESS OF OWNER. IF OTHER THAN CLAIMANT (Number. Street, City. State, and Zip Code). N/A BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF THE DAMAGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED. (See instructions on reverse side) N/A PERSONAL INJURYIWRONGFUL DEATH 10. STATE THE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH. WHICH FORMS "HE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT. STATE THE NAME OF THE INJURED PERSON OR DECEDENT. Claimant Claryce Holcombe's son was Bryan Holcombe, a member of the First Baptist Church of Sutherland Springs, Texas. Bryan Holcombe was shot in the back while walking to the church pulpit to lead the congregation in worship. He died on the floor of the church. Claryce Holcombe has suffered grievous mental anguish from the death of her son and the loss of his society, companionship and affection. WITNESSES II ADDRESS (Number, Street. City. State. and Zip Code) NAME Stephen Willeford Johnnie Langendorff Please see additional list attached 12. (See instructions on reverse) AMOUNT OF CLAIM (in ddlars) 12a. PROPERTY DAMAGE 12b. PERSONAL INJURY 0.00 12c. WRONGFUL DEATH 12d. TOTAL (Failure to specify may cause forfeiture of your rights). 25,000,000 25,000,000 I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM. 13a. SIGNATURE OF CLAIMAiT (S is instruc • rs on reverse 'de). 13b. PHONE NUMBER OF PERSON SIGNING FORM 14. DATE OF SIGNATURE i, 0 CIVIL PENALTY FOR PRESENTING FRAUDULENT CLAIM 95-109 — 14q1 I( ii9 P51610 11 CRIMINAL PENALTY FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS The claimant is liable to the United States Government for a civil penalty of not less than S5,000 and not more than $10,000, plus 3 times the amount of damages sustained by the Government. (See 31 U S C. 3729). Authorized for Local Reproduction Previous Edition is not Usable 395 Fine, impnsonment. or both. (See 18 U.S.C. 287, 1001 ) NSN 7540-00.634-4046 STANDARD FORM 95 (REV. 212007) PRESCRIBED BY DEPT OF JUSTICE 28 CFR 14.2 Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 50 of 68 .4 INSURANCE COVERAGE 15. Do you cany accident Insurance? 0 Yes If yea, give name and address of insurance company (Number. Street City, State. and Zip Code) and policy number. 16. Have you filed a claim with your insurance carrier in this instance, and if so, is it Nil coverage or deductible? 0 Yes 0 No El In order that subrogation daims may be adjudicated, ft is essential that the claimant provide the following information regarding the insurance coverage of the vehicle or property. No 17.1f deductible, state amount 0.00 18. If a dant has been filed with your carrier. what action has your insurer taken or proposed to take with reference to your claim? (It is necessary that you ascertain these facts). NIA 19. Do you cony public liability and property damage insurance? 0 Yes If yes, give name and address of insurance carder (Number, Street City. State, and Zip Code). fJ No INSTRUCTIONS Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose employee(s) was involved in the incident. If the incident involves more than one claimant, each claimant should submit a separate claim form. Complete all Items - Insert the word NONE where applicable. A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL AGENCY RECEIVES FROM A CLAIMANT. HIS DULY AUTHORIZED AGENT, OR LEGAL REPRESENTATIVE. AN EXECUTED STANDARD FORM 95 OR OTHER WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR MONEY Failure to completely execute this form or to supply the requested material within two years from the date the claim scented may render your claim Invalid. A claim Is deemed presented when It Is received by the appropriate agency, not when It is mailed If instruction is needed in completing this form, the agency listed in item 01 on the reverse side may be contacted. Complete regulations pertaining to claims asserted under the Federal Tort Claims Act can be found in Title 28, Code of Federal Regulations, Part 14. Many agencies have published supplementing regulations. If more than one agency is involved, please state each agency. The claim may be filed by e duly authorized agent mother legal representative, provided evidence satisfactory to the Government is submitted with the claim establishing express authority to act for the claimant A claim presented by an agent or legal representative must be presented in the name of the claimant lithe claim is signed by the mentor legal representative. it must show the tine or legal capacity of the person signing and be accompanied by evidence of itisther authority to present a claim on behalf of the claimant as agent executor, administretnr, parent, guardian or other representative. If claimant intends to file for both personal injury and property damage. the amount for each must be shown in item number 12 alibis form. DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF PROPERTY. PERSONAL INJURY. OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT. THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN 'iWO YEARS AFTER THE CLAIM ACCRUES. The amount claimed should be substantiated by competent evidence as follows: (a) In support of the claim for personal injury or death, the claimant should submit a written report by the attending physician, showing the nature and extent of the Injury, the nature and extent of treatment, the degree of permanent disability. If any, the prognosis, and the parted of hospitalization, or incapacitation, attaching Itemized bills for medical, hospital, or burial expenses actually incurred. (b) In support of claims for damage to property, which has been or can be economically repaired, the claimant should submit at least two itemized signed statements or estimates by reliable, disinterested concerns, or. if payment has been made, the itemized signed receipts evidencing payment. (c) In support of claims for damage to property which is not economically repairable, or if the property is lost or destroyed, the claimant abated submit statements as to the original cost of the property. the date of purchase. and the value of the property, both before and after the accident Such statements should he by disinterested competent persons. preferably reputedle dealers or officials familiar with the type of property damaged, or by two or more competitive bidders, and should be certified as being just and correct (d) Failure to specify a sum certain will render your claim invalid and may result In forfeiture of your rights. PRIVACY ACT NOTICE This Notice is provided In accordance with the Privacy Act 5 U.S.C. 552e(e)(3), and B. PrincipalPurpose: The information requested is to be used in evaluating claims. concerns the information requested in the tetter to which this Notice is attached. C. Routine Use: See the Notices of Systems of Records far the agency to whom you are A. Authority: The requested information is solicited pursuant to one or more of the submitting this form for this information. folleming: 5 U.S.C. 301, 28 U.S.C. 501 et seq., 28 US.C. 2671 et seq., 28 C.F.R. D. Effed ORLI= to Respond: Disclosure is voluntary. However, failure to supply the Part 14. requested information or to execute the form may render your claim PAPERWORK REDUCTION ACT NOTICE This notice is solely for the purpose of the Paperwork Reduction Act, 44 U.S.C. 3501. Pubes reporting burden for this collection of information is estimated to average 6 hours per response, inducting the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collecticn of information. Including suggestions for reducing this burden, to the Director. Torts Branch. Attention: Paperwork Reduction Staff. CM Division. U.S. Department of Justice, Washington, DC 20530 or to the Office of Management and Budget Do not mail completed fonn(s) to these addresses. STANDARD FORM 115 REV. (2/2007) BACK Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 51 of 68 RIDER TO FORM 95 8. The basis of this claim is under the Federal Tort Claims Act, 28 U.S.C. § 1346 and 28 U.S.C. § 2671, et seq. This notice of claim is filed on behalf of claimant, Claryce Holcombe, who is the natural parent of John Bryan Holcombe, deceased (referred to as "JB Holcombe"). This Claim arises from the tragic shooting death of JB Holcombe on Sunday, November 5, 2017, on or about 11:30 A.M. in the First Baptist Church of Sutherland Springs located in Sutherland Springs, Texas. Twentysix individuals were killed in the shooting, including decedent JB Holcombe, and twenty others were seriously injured. Simply put, JB Holcombe's death was caused, in whole or in part, by the institutional failures of the United States Department of Defense, including, but not limited to, the United States Air Force ("US Air Force"), in that these entities negligently, recklessly, carelessly and/or egregiously failed to report pertinent criminal arrest, conviction and military discharge information of the shooter into a federal database, as was required, which would have prevented and barred the shooter from purchasing, owning, and/or possessing the firearms, ammunition and body armor that he used in the shooting. Incredibly, and quite frankly tragically, the Department of Defense, the US Air Force, and others, were aware as far back as 1997, and more specifically in at least 2015, that the US Air Force (as well as other branches of the United States military) routinely failed to report such required criminal arrest and conviction information. As a result of an internal review conducted by the Inspector General of the Department of Defense which uncovered these repeated failures, the US Air Force agreed that it would take "prompt action to ensure" that convicted offenders are properly reported to appropriate federal databases to prevent them from legally purchasing, owning, and/or possessing firearms, ammunition and/or body armor. Despite this Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 52 of 68 notice and call to action, the Department of Defense, specifically including, but not limited to, the US Air Force, utterly failed in their reporting obligations which was the proximate cause of the decedent JB Holcombe's death. It is undisputed that the perpetrator and sole shooter in this action was former US Air Force member Airman Devin Patrick Kelley ("the shooter"). Upon information and belief, and as the result of a domestic dispute with his in-laws, the shooter entered the First Baptist Church on the morning of November 5, 2017 dressed in all black, clad in body armor and armed with a Ruger Semi-Automatic AR-556 rifle that he purchased from a legal and authorized vendor sometime in April 2016. The shooter killed 26 parishioners and injured 20 others, some critically. Upon leaving the church the shooter was confronted by a good Samaritan who shot the shooter twice — once in the leg and once in the chest. The shooter fled the scene and was involved in a high-speed car chase. He then took his own life after his car veered off the road. Although the shooter undoubtedly "pulled the trigger" that resulted in the injuries and death of JB Holcombe and others, the failures of the US Air Force, and others, allowed the shooter to purchase, own and/or possess the semiautomatic rifle, ammunition and body armor he used, and it is these failures that were a proximate cause, in whole or in part, of the injuries and death of the decedent. The US military, specifically including the US Air Force, designed and implemented policies, procedures, regulations and/or guidelines that were specifically designed to prevent individuals such as the shooter from purchasing, owning and/or possessing firearms, ammunition and body armor. It is the failure by the US Air Force to abide by these policies, procedures, regulations and/or guidelines that directly caused this horrific tragedy. It is undisputed that Airman Kelley was a member of the US Air Force, having been on active duty from 2009 until 2014 and stationed at Holloman Air Force Base located in Otero Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 53 of 68 County, New Mexico. In April 2011 Airman Kelley married Tessa K. Loge, who had an infant son from a previous marriage. It is not disputed that after his marriage, then-Airman Kelley was arrested for assault upon his wife and her son, wherein he inflicted serious injuries upon the two, including, but not limited to, fracturing the skull of the infant boy. He was also charged with pointing a loaded gun at his wife, and two counts of threatening his spouse with an unloaded firearm. Upon information and belief, because of these criminal charges a general Court Martial was convened and Airman Kelley was convicted of assault on his wife and her son on November 7, 2012. Due to these convictions Airman Kelley was sentenced to a year in military jail. At that time, he admitted striking the infant boy "with a force likely to produce death or grievous bodily harm". With respect to the assault against his spouse, Kelley admitted that he "hit, kicked, choked and pulled the hair" of his wife. The couple were divorced while Kelley served his jail sentence in a naval brig located in San Diego, California. Airman Kelley was also known to have made threats against his superiors in the Air Force as well as to have attempted to smuggle guns onto the base in violation of Air Force regulations and base standard operating procedures. In addition, given the nature of the criminal charges pending against him, in the Spring of 2012, the Air Force involuntarily committed Airman Kelley to the Peak Behavioral Health Services, a mental facility located in Santa Teresa, New Mexico which has a dedicated unit for US military personnel. On June 7, 2012 Airman Kelley jumped a fence and escaped from the mental facility. He was apprehended by local law enforcement later that same day and was returned to the facility to await his court martial. At the time of his apprehension, it was noted by local law enforcement authorities that Kelley was suffering from mental health issues and that he was a "danger to himself and others". Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 54 of 68 After capture, Kelley was detained at the mental health facility and ordered into pre-trial confinement while awaiting his court martial. Upon information and belief, during this time Kelley used computers at the facility to attempt to purchase weapons and tactical gear via the intemet and have those items shipped to a post office box located in San Antonio, Texas. Upon information and belief, the US Air Force was specifically aware that Kelley attempted to make these firearm purchases while detained at the mental health facility. Eventually, in May 2014, after serving his military prison sentence, the Air Force discharged Kelley with a "bad conduct discharge" rather than a dishonorable discharge, simply reducing him in Rank to that of E-1 rather than stripping him of his service. Like his prior criminal convictions, the US Air Force utterly failed to enter his "bad conduct discharge" into federal databases. A "bad conduct discharge" following court-martial was yet another event that should have disqualified Kelley from purchasing, owning or possessing firearms and ammunition. Due to the foregoing, and most notably his assault arrest and convictions, bad conduct discharge post court-martial and involuntary commitment to a mental facility, the US Air Force, specifically including, but not limited to, the Office of Special Investigations at Holloman Air Force Base ("AFOSF'), and/or the HQ Air Force Security Forces ("HAF/A4S") were required to enter his November 2012 criminal arrest and conviction information into certain computerized databases, specifically including, the FBI's Criminal Justice Information Systems ("CJIS"). The CJIS comprises various computer databases, specifically including the National Crime Information Center ("NCIC") database, Uniform Crime Reporting, Fingerprint Identification and the IAFIS Program which includes both fingerprint and final criminal disposition data. These databases are computerized databases for ready access by an authorized entity making an inquiry into the background of an individual and for prompt disclosure of information in the system from Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 55 of 68 other criminal justice agencies about crimes and criminals. Specifically, the NCIC database is accessed for a number of purposes, and is one such database that is required to be accessed whenever a person seeks to legally purchase certain firearms. Certain criminal convictions, specifically including those of which Airman Kelley was convicted, are required to be entered into the NCIC and other CJIS-related databases. Had Airman Kelley's criminal arrest, conviction and/or bad conduct discharge information been entered, as was required by US Air Force policies, procedures, regulations and/or guidelines, Airman Kelley would have been prevented and prohibited from purchasing, owning and/or possessing firearms, ammunition and body armor, specifically including the firearm and body armor that he used in the shooting. Significantly, the Department of Defense has promulgated regulations that impose upon the various branches of the military, specifically including the US Air Force, certain reporting requirements when a serviceman is convicted of a crime. See Department of Defense INSTRUCTION, Number 5505.11 and subsequent revisions/changes. It is undisputed, and has been readily admitted by the US Air Force in the days following this horrific tragedy, that Airman Kelley's convictions and criminal history were required to be entered into the NCIC database and/or CJIS system but for reasons not presently known the Air Force utterly failed in their reporting obligations. It is also undisputed that had the information been entered into these databases by the Air Force at the time of his convictions in and around November 2012, as was required, Airman Kelley would have been prevented, prohibited and barred from purchasing, owning and/or possessing the firearms, ammunition and body armor used in this massacre and this tragedy would not have occurred. The failures of the Department of Defense, specifically including the US Air Force, are not limited to their failure to timely and accurately enter and/or report Airman Kelley's criminal arrest Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 56 of 68 and conviction information into the appropriate computer database in November 2012. In February 2015 the Inspector General for the U.S. Department of Defense conducted a comprehensive review of the failures of the branches of the US military to promptly and accurately input criminal conviction information into the appropriate computer database, specifically including the NCIC database. See Evaluation of Department of Defense Compliance with Criminal History Data Reporting Requirements, Report Number DODIG-2015-081, dated February 12, 2015 (referred to as the "IG's Report"). The IG's Report examined the continuing failures of conviction reporting by the US Navy, US Air Force and US Marines. In his Report, the Inspector General recognized that as far back as 1997 the branches of the US military had not consistently submitted the required criminal arrest and conviction information to appropriate federal law enforcement agencies, including criminal information databases. See IG Report, at p. 12. With respect to the US Air Force, the 2015 study took a sample of convicted individuals from June 2010 through and including October 31, 2012 (as mentioned above, Airman Kelley was convicted in November 2012 just days after the sample period). During this time frame, the Inspector General found that there were 358 criminal convictions of US Air Force personnel that mandated reporting obligations. However, only 248 fingerprint cards were entered into the appropriate database, representing a failure rate of approximately 31%. With respect to final criminal disposition information regarding these 358 convictions, only 245 final dispositions were reported, representing a failure rate of approximately 32%. Due to these alarming failure rates (more than 3 out of 10 failures by the US Air Force to report required criminal arrest and conviction information) the Inspector General made certain recommendations to the branches of the US military, specifically including the US Air Force. The Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 57 of 68 first recommendation was for the US Air Force to submit and enter the missing fingerprint and fmal criminal disposition information for the missing individuals identified in the sample period into the appropriate computer databases. Upon review of the Inspector General's Report the US Air Force "agreed" with this recommendation. Unfortunately, Airman Kelley's conviction occurred in November 2012, a mere one month outside the sample examined by the Inspector General. The Inspector General also recommended that due to the high failure rate the US Air Force "take prompt action" to ensure that all arrestee information is properly reported and entered in the various criminal history databases. The US Air Force also specifically "agreed" with the Inspector General's recommendation. See IG Report, at p. 10. Notwithstanding that the US Air Force was specifically aware in 2015 (and likely well before) that on average more than 3 out of 10 criminal arrest and conviction information was not reported, and despite their acknowledgement that they would "promptly ensure" that such systemic failures were corrected, the US Air Force utterly failed the general public, and more specifically the decedent JB Holcombe and his family, by failing to ensure that Airman Kelley's criminal arrest and convictions were properly reported. Despite their specific prior knowledge, the US Air Force utterly and carelessly failed in their reporting obligations which allowed this tragedy to occur and cost the decedent JB Holcombe his life. Had the US Air Force done as required, the shooter would not have been able to purchase, own and/or possess the automatic rifle and body armor that he used to slaughter and injure more than 46 individuals. Claimant's allegations of negligence are not limited to the fact that the US Air Force's failures allowed Kelley to purchase, own and/or possess firearms. The utterly careless and reckless failures of the US Air Force to satisfy their reporting obligations with respect to Airman Kelley's Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 58 of 68 criminal arrest and convictions resulted in numerous missed opportunities for various local law enforcement agencies to prevent further violence by Kelley. Upon information and belief, after his bad conduct discharge from the military local law enforcement personnel made more than 17 visits to Kelley's home on allegations ranging from animal cruelty to domestic violence and sexual assault. For example, on or about June 7, 2013, Comal County, Texas deputies responded to Kelley's home to investigate a report of "rape by force" allegedly perpetrated by Kelley. Without information as to Kelley's prior convictions, deputies investigated the report for months following the report, but no charges were brought once investigators believed Kelley moved to Colorado. Had the information regarding Kelley's criminal arrest and conviction for domestic violence been entered, as was required, Comal County law enforcement would have been aware of that information and perhaps been able to bring felony charges under the Texas Penal Code against Kelley in 2013. In early 2014, local police in Texas responded to Kelley's home to investigate reports of domestic abuse of his then girlfriend Danielle Shields, but charges were not pursued after Shields told responding officers the report was the result of a misunderstanding. Had the US Air Force reported Airman Kelley's criminal arrest and convictions for domestic violence, Local law enforcement would have had reason to further investigate any claim of misunderstanding and perhaps pursued felony charges under the Texas Penal Code against Kelley in 2014. In August 2014, Colorado law enforcement responded to Kelley's home to investigate claims of animal cruelty allegedly perpetrated by Kelley, resulting in a standoff with police once Kelley refused to come out of the home. Without information as to Kelley's prior convictions, law enforcement issued Kelley a citation rather arresting him. Had Colorado local law enforcement had information Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 59 of 68 regarding Kelley's violent criminal past, perhaps Kelley would have been arrested and incarcerated in August of 2014. Had the information regarding Kelley's criminal arrest and conviction been entered, as was required, local law enforcement personnel would have been aware of that information when they conducted various welfare checks at the shooter's home in Texas in the months leading up to the shooting. Upon information and belief, local law enforcement also visited the shooter's home due to domestic assault allegations. Had they known that he was convicted of a prior domestic assault, they may have properly entered the home and seized any weapons that were visible, or pursued felony charges under the Texas Penal Code against Kelley at that time. As with his military convictions, any conviction for domestic violence after he was discharged from the military would have likewise barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the massacre. Based upon the foregoing, the injuries and death of decedent JB Holcombe was caused, in whole or in part, by the negligence, recklessness, and/or carelessness of the United States of America, through the US Air Force, including, but not limited to, in that the US Air Force failed to adhere to the regulations, policies, procedures, and/or guidelines issued by the Department of Defense in failing to report the shooter's criminal arrest and convictions to appropriate federal law enforcement agencies and databases, as was required, thereby allowing the shooter to purchase the semiautomatic rifle, ammunition and body armor used in the massacre; had the US Air Force complied with their necessary and mandatory reporting requirements, the shooter would have been barred, prohibited and/or prevented from purchasing, owning and/or possessing firearms, ammunition and body armor, including the semiautomatic rifle and body armor used in the Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 60 of 68 massacre and thus, the shooting would not have taken place; in that the US Air Force failed to comply with Department of Defense regulations, policies, procedures, and/or guidelines, specifically including, but not limited to, Department of Defense INSTRUCTION, Number 5505.11 and subsequent revisions/changes, thereby allowing the shooter to purchase the firearm, ammunition and body armor used in the shooting; in that the US Air Force failed to correct known deficiencies in its criminal arrest and conviction reporting obligations; in that despite its public statements to the contrary the US Air Force failed to adhere or heed the recommendations promulgated by the Inspector General of the Department of Defense concerning its systemic failures to properly report arrest and criminal conviction information; in that the US Air Force failed to comply with its obligations and duties regarding criminal arrest and conviction reporting; in that the US Air Force was specifically aware for years prior to the shooting that it had consistently failed to report required arrest and criminal conviction information and failed to correct these deficiencies; in that the US Air Force failed to appropriately abide by and follow its own internal procedures regarding criminal arrest and conviction information; created a dangerous condition to the public, and specifically to the decedent JB Holcombe, by failing to adhere, comply and/or follow required criminal arrest and conviction information reporting obligations; in that the US Air Force breached the duty of care owed to the public generally, and to the decedent JB Holcombe specifically, in that it failed to report required criminal arrest and conviction information; in that the US Air Force failed to discuss their deficiencies with other branches of the US military and/or other governmental agencies in an attempt to correct these known deficiencies; in that the US Air Force unleashed on the public a dangerous individual who had the ability to purchase firearms, ammunition and body armor when he should have been prevented from doing so; and was otherwise careless, reckless and/or negligent all of which individually and/or jointly, Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 61 of 68 proximately caused, in whole or in part, the subject shooting and the injuries and death of the decedent JB Holcombe. The instant notice of claim is filed by and on behalf of the claimant, Claryce Holcombe, the parent of the decedent JB Holcombe, and on behalf of the decedent's estate, its heirs, and/or any individual entitled to recover under the applicable damages law, including, but not limited to, $25,000,000 for wrongful death damages suffered as a result of the death of the decedent as set forth above. Claryce Holcombe seeks all wrongful death damages for her losses only under the applicable law, including, but not limited to, all economic and non-economic damages, including the loss of past and future income, support, society, love, grief, consortium, services, guidance, care, comfort, companionship and inheritance of the decedent, loss of life's pleasures, loss of enjoyment of life, damages for mental anguish and mental pain and suffering, as well as any other damages recoverable under the applicable law. Section 11 WITNESS: 1) 2) 3) 4) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Stephen Willeford, 55, wounded Fulda Brown, 73, wounded Rosanna Solis, adult, wounded Joaquin Ramirez, adult, wounded Rihanna Garza (Garcia), 9, daughter of Joann Ward, wounded David Colbath, wounded Kris Workman, wounded Zachary Poston, wounded Johnnie Langendorff, 27, drove Stephen Willeford to catch perpetrator Ms. Terri Smith, 54, Mr. Lorenzo Flores, 56, Kevin Jordan, 30, David Brown, wounded Sue Soto, Ted Montgomery, Sunday school director Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 62 of 68 17) David Casillas, 55, lives nearby 18) David Flores, 26, son of Lorenzo Mores, witness 19) Inspector General of the United States Air Force in 2014 20) Various yet identified members of perpitrator's Chain of Command while on Active Duty in the Air Force. 1 ! USPS TRACKING # 11111 1 Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 First-Class Page 63 of 68 Mail 9590 9402 United States Postai Service Postage & Fees Paid USPS Permit No-G-10 '92' x,96 3156 95 • Sender;Please print-your name, address, and ZIP+4® in this box* The Ammons Law Firm ATTN: CRYSTAL COWART 3700 Montrose Blvd Houston, TX 77006 rti comrx —(it okviCei SECTION ON DELIVERY COMPLETE THIS_SECTION" SENDER: Case 5:18-cv-00555 Document 1-1COMPLETE Filed THIS 06/06/18 Page 64 of 68 • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LT. General Christopher F. 13arne, Through the Chiel'of the Claims & Tort Litigation A. Signature X D. Is delivery address different from item 1? 0 es If YES, enter delivery address below: 0 No united States Air Force Claims & 'Fort Litigation Division '1500 West PerimeterRd.,S iite 1700 ',Joint Rase Andrews. Maryknd 20762 T! 0119114!121113t121117111j11 6 11 311111j15111 2. Article Number (Transfer from serviqe label) EL ,c(ci ao.3 S5 L PS Form 3811, July 2015 PSN 7530-02-000-9053 a. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery edified Mall® ettled Mall Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery ❑ Insured Mail 0 Insured Mall Restricted Delivery (over $500) n elriority Mall Express® ❑ Registered MaiITM 0 Registered Mail Restricted Delivery 13 Return Receipt for Merchandise 0 Signature Confirmationm. 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Service Type ❑ Adult Signature dult Signature Restricted Delivery ertified Mail® ■ ertified Mall Restricted Delivery O Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mall ❑ Insured Mail Restricted Delivery (over $500) ■ es El No riarity Mail Express® ❑ Registered ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation. ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt iii I L'PNPkclt'i!i_Tk Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 First-Class Page 66 of 68 Mal Postage & Fees Paid LISPS Permit No. G-10 9590. 9402 3292 7196 3156 88 United States Postal Service • Sender: Please printyour name, address, and ZIP+4® in this box* The Ammons Law Firm ATTN: CRYSTAL COWART 3700 Montrose Blvd Houston, TX 77006 r-t Hot Colm 19-c —tae )iIi1,11fii1f~fiiIiII'cif' 'Iff~lti~I1'IIf illril,,,l ,filiffii 1, Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 67 of 68 Crystal Cowart From: Sent: To: Subject: auto-reply@usps.com Monday, December 04, 2017 5:28 PM Crystal Cowart USPS® Item Delivered EL699220385US UNITED STATES POST/IL SERVICE Hello Crystal Cowart, Your item was delivered at 6:03 pm on December 4, 2017 in ANDREWS AIR FORCE BASE, MD 20762 to WING. The item was signed for by Y MENLINA. Tracking Number: EL699220385US Delivered Tracking & Delivery Options My Account Visit USPS Tracking® to check the most up-to-date status of your package. Sign up for Informed Delivery® to digitally preview the address side of your incoming lettersized mail and manage your packages scheduled to arrive soon! To update how frequently you receive emails from USPS, log in to your USPS.com account. Want regular updates on your package? Set up text alerts. INFORMED DELIVERY' Sign up to view your mail online or via email. ■ • 1 tr Case 5:18-cv-00555 Document 1-1 Filed 06/06/18 Page 68 of 68 Crystal Cowart From: Sent: To: Subject: auto-reply@usps.com Monday, December 04, 2017 5:29 PM Crystal Cowart USPS® Item Delivered EL699220394US 11 -7- UNITED SPITES POSTAL SERVICE Hello Crystal Cowart, Your item was delivered at 6:03 pm on December 4, 2017 in ANDREWS AIR FORCE BASE, MD 20762 to WING. The item was signed for by Y MENLINA. Tracking Number: EL699220394US Delivered Tracking & Delivery Options My Account Visit USPS Tracking® to check the most up-to-date status of your package. Sign up for Informed Delivery® to digitally preview the address side of your incoming lettersized mail and manage your packages scheduled to arrive soon! To update how frequently you receive emails from USPS, log in to your USPS.com account. Want regular updates on your package? Set up text alerts. INFORMED DELIVERY' Sign up to view your mail online or via email. ■ • 1 tr Case 5:18-cv-00555 Document 1-2 Filed 06/06/18 Page 1 of 6 DEPARTMENT OF THE AIR FORCE Air Force Legal Operations Agency Joint Base Andrews, Maryland HQ AFLOA/JACC 1500 West Perimeter Road, Suite 1700 Joint Base Andrews, MD 20762 ^^ The Ammons Law Firm Attn: Robert E. Ammons 3700 Montrose Blvd. Houston, TX 77006 Re: Your client Joe Holcombe Air Force Claim No.: 18-3929 Dear Mr. Ammons, On December 5,2017,the Air Force has received your client's administrative claim for damages in the amount of$25,000,000.00. We have included a copy of your claim, annotated as received, per your request. In accordance with Title 28, Code of Federal Regulations, Section 14.4, please submit the following documentation at your earliest convenience: -An authenticated death certificate or other competent evidence showing cause of death, date of death, and age ofthe decedent(s), -Itemized bills for medical and burial expenses incurred by reason ofthe incident causing death, or itemized receipts of payment for such expenses, -Decedent's employment or occupation at time of death, including monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation, -Full names, addresses, birth dates, kinship, and marital status ofthe decedent's survivors, including identification of any survivors who were dependent for support upon the decedent at the time oftheir death, -Degree ofsupport afforded by the decedent to each survivor dependent upon him for support at the time oftheir death, -Decedent's general physical and mental condition before death, -If damages for pain and suffering prior to death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain, and the decedent's physical condition in the interval between injury and death Case 5:18-cv-00555 Document 1-2 Filed 06/06/18 Page 2 of 6 -Any other evidence or information which may have a bearing on either the responsibility of the United Stales for the death or the damages claimed. With the above information, the Air Force will be in a position to carefully and thoroughly evaluate your client's claim in accordance with the law. If you have any questions in the meantime, please contact me at the above address or by phone at(240)612-4620. Sincerely Ik BRADFORD S. HUNT, Attorney Chief, General Torts Branch Air Force Claims and Tort Litigation Division Attach: Annotated SF95 Case 5:18-cv-00555 Document 1-2 Filed 06/06/18 Page 3 of 6 CLAIM FOR DAMAGE, INJURY, OR DEATH INSTRUCTIONS: Piease read carefully the instructions on the reverse side and supply information requested on both sides of Uiis FORM APPROVED 0MB NO. 1105-0008 form. Use additional sheet(s) if necessary. See reverse side for additional instructions. 1. Submit to Appropriate Federal Agency: 2. Name, address of claimant, and claimant's personal representative If any. Secretary of the Air Force Dr, Heather Wilson Joe Holcombe (individually) 1387 County Road 304 1670 Air Force Pentagon Floresville, Texas 78114 (See instructions on reverse). Number, Street, City, State and Zip code. Washington, DC 20330-1670 3. TYPE OF EMPLOYMENT Q MILITARY ^CIVILIAN 4. DATE OF BIRTH 5. MARITAL STATUS 6. DATE AND DAY OF ACCIDENT 7. TIME(A M OR P.M ) 09/12/1931 married 11/05/2017 11:25 A.M. Sunday 8 BASIS OF CLAIM (State in detaU the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary). See Attached Page PROPERTY DAMAGE NAME AND ADDRESS OF OWNER.IF OTHER THAN CLAIMANT(Number. Street City, Slate, and Zip Code). N/A BRIEFLY DESCRIBE THE PROPERTY. NATURE AND EXTENT OF THE DM^AGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED, (See Instructions on reverse side). N/A PERSONAL INJURY/WRONGFUL DEATH 10. STATE THE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH. WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT. STATE THE NAME OF THE INJURED PERSON OR DECEDENT, Claimant Joe Holcombe's son was Bryan Holcombe. Bryan was a member of the First Baptist Church of Sutherland Sprifigs, Texas. Bryan Holcombe. son of Joe Holcombe, was shot in the back while walking to the church pulpit to lead the congregation in worship. He died on the floor of the church. Joe Holcombe has suffered grievous mental anguish from the death of his son and the loss of his society, companionship and affection. WITNESSES 11. ADDRESS(Numt)er. Street. City. State, and Zip Code) NAME Stephen Willeford Johnnie Langendorff Please see additional list attached AMOUNT OF CLAIM (in dollars) 12.(See instructions on reverse). Laj 12c. WRONGFUL DEATH 12b. PERSONAL INJURY 12a. PROPERTY DAMAGE 12d. TOTAL (Failure to specify may cause forfeiture of your rights) 25,000,000 0.00 25,000,000 I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM. 13b. PHONE NUMBER OF PERSON SIGNING FORM 14. DATE OF SIGNATURE URE OF CLAIMANT(See instructions on reverse side) ll/a6/,Qon CIVIL PENALTY FOR PRESENTING CRIMINAL PENALTY FOR PRESENTING FRAUDULENT FRAUDULENT CLAIM CLAIM OR MAKING FALSE STATEMENTS Trte claimant Is liable to the United States Government for a civil penalty of not less flian Fine, imprisonment, or both.(See 18 U.S.C. 287.1001.) 55,000 and not more than 510,000, plus 3 times the amount of damages sustained by the Government (See 31 U.S.C. 3729) Authorized for Local Reproduction NSN 7540-00-634-4046 STANDARD FORM 95(REV. 2/2007) PRESCRIBED BY DEPT. OF JUSTICE Previous Edition is not Usable 2BCFR 14.2 95-109 DEC 0 5 2017 AFijC/i/dh^ Case 5:18-cv-00555 Document 1-2 Filed 06/06/18 Page 4 of 6 DEPARTMENT OF THE AIR FORCE Air Force Legal Operations Agency Joint Base Andrews, Maryland HQ AFLOA/JACC 1500 West Perimeter Road, Suite 1700 Joint Base Andrews, MD 20762 The Ammons Law Firm Attn: Robert E. Ammons 3700 Montrose Blvd. Houston, TX 77006 Re: Your client Claryce S. Holcombe Air Force Claim No.: 18-3930 Dear Mr. Ammons, On December 5, 2017, the Air Force has received your client's administrative claim for damages in the amount of $25,000,000.00. We have included a copy of your claim, annotated as received, per your request. In accordance with Title 28, Code of Federal Regulations, Section 14.4, please submit the following documentation at your earliest convenience: -An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent(s), -Itemized bills for medical and burial expenses incurred by reason ofthe incident causing death, or itemized receipts of payment for such expenses, -Decedent's employment or occupation at time of death, including monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation, -Full names, addresses, birth dates, kinship, and marital status of the decedent's survivors, including identification of any survivors who were dependent for support upon the decedent at the time oftheir death, -Degree of support afforded by the decedent to each survivor dependent upon him for support at the time of their death, -Decedent's general physical and mental condition before death, -If damages for pain and suffering prior to death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain, and the decedent's physical condition in the interval between injury and death Case 5:18-cv-00555 Document 1-2 Filed 06/06/18 Page 5 of 6 -Any other evidence or information which may have a bearing on either the responsibility of the United States for the death or the damages claimed. With the above information, the Air Force will be in a position to carefully and thoroughly evaluate your client's claim in accordance with the law. If you have any questions in the meantime, please contact me at the above address or by phone at(240)612-4620. Sincerely BRADFORD S. HUNT,Attorney Chief, General Torts Branch Air Force Claims and Tort Litigation Division Attach: Annotated SF95 Case 5:18-cv-00555 Document 1-2 Filed 06/06/18 Page 6 of 6 CLAIM FOR DAMAGE, INJURY, OR DEATH INSTRUCTIONS: Please read carefully the instructions on the reverse side and supply information requested on both sides of this FORM APPROVED 0MB NO. 1105-0008 form. Use additional sheel(s) if necessary. See reverse side for additional instructions. 1. Submit to Appropriate Federal Agency. 2 Name,address of claimant, and claimant's personal representative if any. (See instructions on reverse). Number, Street, City, State and Zip code. Secretary of the Air Force Dr. Heather Wilson Claryce S. Holcombe (individually) 1387 County Road 304 1670 Air Force Pentagon Floresville, Texas 78114 Washington, DC 20330-1670 4. DATE OF BIRTH 3 TYPE OF EMPLOYMENT 5. MARITAL STATUS 7. TIME(A.M. OR P.M.) 6, DATE AND DAY OF ACCIDENT L] MILITARY ^CIVILIAN 12/04/1932 11:25 A.M. 11/05/2017 Sunday married 8 BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage,injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary). See Attached Page PROPERTY DAMAGE NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT(Number. Street. City. State, and Zip Code) N/A BRIEFLY DESCRIBE THE PROPERTY. NATURE AND EXTENT OF THE DAMAGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED. (See insuuctions on reverse side). N/A PERSONAL INJURY/WRONGFUL DEATH 10. STATE THE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT.STATE THE NAME OF THE INJURED PERSON OR DECEDENT. Claimant Claryce Holcombe's son was Bryan Holcombe, a member of the First Baptist Church of Sutherland Springs, Texas. Bryan Holcombe was shot in the back while walking to the church pulpit to lead the congregation in worship. He died on the floor of the church. Claryce Holcombe has suffered grievous mental anguish from the death of her son and the loss of his society, companionship and affection. WITNESSES ADDRESS (Number. Street. City, State, and Zip Code) NAME Stephen Willeford Johnnie Langendorff Please see additional list attached AMOUNT OFCLAIM (in dollars) 12 (See instructions on reverse). 12c. WRONGFUL DEATH 12b. PERSONAL INJURY 12a. PROPERTY DAMAGE 12d. TOTAL (Failure to specify may cause forfeiture of your rights). 25,000,000 0.00 o 25,000,000 I CERTIFY THATTHE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN FULL SAnSFACnON AND FINAL SETTLEMENT OF THIS CLAIM. 13a SIGNATURE OF CLAIM^T(^e instrur^ns on reverse^de) 13b. PHONE NUMBER OF PERSON SIGNING FORM 14. DATE OF SIGNATURE li/a'o/giDn i CIVIL PENALTY FOR PRESENTINC CRIMNAL PENALTY FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS CIVIL PENALTY FOR PRESENTING FRAUDULENTCLAIM The claimant Is liable to the United States Government for a civil penalty of not less than Pine. Imprisonment, or both.(See 18 U.S.C. 287.1001.) SS.OOOand not more than S10.000, plus 3 times the amount of damages sustained by the Government (See 31 U.S.C. 3729). Authorized for Local Reproduction NSN 7540-00-634-4046 STANDARD FORM 95(REV. 2/2007) PRESCRIBED BY DEPT. OF JUSTICE Previous Edition is not Usable 28CFR 14,2 95-109 u DEC 0 V- Case 5:18-cv-00555 Document 1-3 Filed 06/06/18 Page 1 of 2 JS44 (Rev.06'17) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither r^lace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form,approved by the Judicial Conference ofthe United States in"September 1974, is required for the use ofthe Clerk of Court for the purpose of initiating the civil docket sheet. (Si'.iiiNSTRUcnoh'SONNEXTPAGiiOFTHiSi-oKM) Claryce Holcombe, Each Individually and as Heirs at Law and as Representatives of the Estate of John Bryan Holcombe (b) County of Residence ofFirst Listed Plaintiff WilSOn DEFENDANTS The United States of America County ofResidence ofFirst Listed Defendant (EXCEPTIN IIS. PLAINTIFF CASES) (IN U.S. PL4INTIFF CASES ONLY) NOTE: IK LAND CONDEMNATION CASES. USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys(Firm Name. Address, and Telephone Number) Attorneys (IfKmnrn) Robert E. Ammons; The Ammons Law Firm, 3700 Montrose Blvd., Houston, TX 77006; 713-523-1606 ("Se-e a-trtxcVv^^ III. CITIZENSHIP OF PRINCIPAL PARTIES r/'/^ce on -X-in One Box/or Plaintiff 11. BASIS OF JURISDICTION(Place an "X"in One Box Only) (For Diversity Cases Only) □ I □ 3 U.S. Government PlaintifT Federal Question (U.S. Govemmeni Not a Party) and One Box for Defendant) FTP 1 Citizen of This State DEF d FTP I Incorporated or Principal Place DEF □ 4 □ 4 O 5 OS 0 6 0 6 of Business In This Stale iS 2 U.S. Govemmeni □ 4 Defendant Diversity (Indicate Citizenship of Parties in hem II!) 3 2 Citizen of Another State 3 2 Incorporated and Principal Place of Business In Another Stale Citizen or Subject of a □ 3 0 3 Foreign Nation Foreiun Countrv rv. NATURE OF SUIT (Place an "A"' m One Box Onlv) 1 CONTRACT Click here for: Nature of Suit Code Descriptions. TORTS- □ 110 Insurance PERSONAL INJURY □ 120 Marine 3 310 Airplane □ 1.30 Miller Act 3 315 Airplane Product Liability □ 140 Negotiable Instrument PERSONAL INJURY 3 365 Personal Injury • Product Liability Student Loans 3 340 Marine (Excludes Veterans) 3 345 Marine Product 3 153 Recovery ofOverpayment 3 195 Contract Product Liabilit>' 3 360 Other Personal 3 196 Franchise Injury 3 362 Personal Injury - 3 3 3 3 3 220 Foreclosure 3 230 Rent Lease & Ejectment 3 240 Torts to Land 3 245 Tort Product Liability 3 290 All Other Real Property 440 441 442 443 □ 430 Banks and Banking Product Liability □ 830 Patent 3 450 Commerce □ 835 Patent - Abbreviated □ 460 Deportation 3 368 Asbestos Personal New Drug -Application LABOR Corrupt Organizations SOCIAL SECURITY □ 7)0 Fair Labor Standards Act 3 720 Labor/Management Property Damage 3 385 Property Damage Product Liabilit)' Relations □ 490 Cable/Sat TV □ 862 Black Lung (923) □ 850 Securities/Commodities/ 3 863 DIWC/DIWW (405(g)) Exchange □ 890 Other Statutory Actions □ 891 Agricultural Acts □ 864 SSID Title XVI □ 740 Railway Labor Act Habeas Corpus: □ 865 RSI (405(g)) □ 751 Family and Medical □ 893 En\'ironmenlal Matters □ 895 Freedom of Information 3 790 Other Labor Litigation □ 791 Employee Retirement Income Securit>' Act 3 463 Alien Detainee 3 510 Motions to Vacate Sentence FEDERAL TAX SUITS O 896 Arbitration □ 899 Administrative Ihocedure □ 871 IRS—Third Party AcVReview or Appeal of Agency Decision □ 950 Constitutionality of 26 USC 7609 3 535 Deatli Penalty Emplo>mcnt IMMIGRATION Other: 3 446 Amer. w/Disabilities • 3 540 Mandamus & Other 3 550 Civil Rights Other 3 448 Education •Act □ 870 Taxes (U.S. PlaintifT or Defendant) 3 530 General 3 445 Amer. w/Disabiliues - 3 480 Consumer Credit □ 861 HIA (139511) Leave Act PRISONER PETITIONS Accommodations 13 470 Racketeer Influenced and 3 840 Trademark 3 380 Other Personal Other Civil Rights Voting Emplojinenl Housing' □ 410 Antitrust □ 820 CopvTighis 3 371 Trutli in Lending CIVIL RIGHTS 3 210 Land Condemnation 3 376 Qui Tarn (31 USC 3729(a)) Persona! Injury Medical Malpractice REAL PROPERTY □ 423 Withdrawal lI 400 State Reapportionmeni 3 370 Other Fraud Product Liabilitj' OTHER STATUTES □ 375 False Claims Act PROPERTY RIGHTS PERSONAL PROPERTY 3 350 Motor Vehicle 3 355 Motor Vehicle BANKRUPTCY □ 422 Appeal 28 USC 158 28 USC)57 Injurv Product Liability Liability of Veteran's Benefits 3 160 Stockholders'Suits 3 190 Other Contract 1 3 690 Other Pharmaceutical O 330 Federal Employers' Liability 3 152 Recovery ofDefaulted □ 625 Drug Related Seizure ofPropcrtv21 USC 881 3 367 Health Care/ 3 150 Recovery of Overpayment 3 320 Assault, Libel & & Enforcement of Judgment Slander 3 151 Medicare Act FORFEITIIRE/FENALTV State Statutes □ 462 Natiualizalion Application □ 465 Other Immigration Actions 3 555 Prison Condition 3 560 Civil Detainee Conditions of Confinement V. ORIGIN (Place an "A"' in One Box Only) 01 Original Proceeding O 2 Removed from State Court □ 3 Remanded from ID 4 Reinstated or Appellate Court Reopened 5 Transferred from □ 6 Multidistrict D 8 Multidistrict Litigation - Another District (.specif') Litigation - Transfer Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictiimal statutes unless diversity): VI. CAUSE OF ACTION 28 U.S.C. g 1346. 28 U.S.C. S 2671 Brief description of cause: wrongful death action under the Federal Tort Claims Act VII. REQUESTED IN □ CHECK IF THIS IS A CLASS ACTION CHECK YES only if demanded in complaint: DEMAND S UNDER RULE 23, F.R.Cv.P. COMPLAINT: JURY DEMAND: VIII. RELATED CASE(S) (See I'nsirucliorts): IF ANY JUDGE DATE SIGNA DOCKET NUMBER 'ORD 06/06/2018 FOR OFFICE USE ONLY RECEIPT « AMOUNT APPLYING IFP JUDGE MAG. JUDGE D Yes gNo Case 5:18-cv-00555 Document 1-3 Filed 06/06/18 Page 2 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JOE HOLCOMBE and CLARYCE HOLCOMBE,Each Individually, as Heirs at Law and as Representatives ofthe Estate of JOHN BRYAN HOLCOMBE,Deceased vs. § § § § § § THE UNITED STATES OF AMERICA § CIVIL ACTION NO. § CIVIL COVER SHEET ATTACHMENT I.(c) Additional Attorneys for Plaintiffs: April A. Strahan Bar No.24056387 Email: april@ammonslaw.com 3700 Montrose Boulevard Houston, Texas 77006 Telephone: 713-523-1606 Facsimile: 713-523-4159 and Mark W. Collmer Bar No.04626420 Email: mark@collmerlaw.com THE COLLMER LAW GROUP 3700 Montrose Blvd., First Floor Houston, Texas 77006 Telephone: 713-337-4040 Facsimile: 713-337-4044