Virginia Beach mass shooting victims’ families describe poor treatment by city, ask for more transparency
The families of several victims of the May 31, 2019, Virginia Beach mass shooting gathered Tuesday to call for greater transparency and respect from the city.
The families rallied outside the municipal center to draw attention to their concerns the day before the Virginia Beach Mass Shooting Commission is set to meet in Richmond. Five of the families are represented by former Lt. Governor Justin Fairfax, who said the group is considering legal options.
“We want this midnight of injustice to end today,” Fairfax said. “It’s time for a new day of truth, a new day of transparency, a new day of hope for these families.”
Operating under the name “5/31 Families United,” the families accused the city of, among other things, not doing enough to support them financially and not being transparent over the course of the investigation into the shooting. Specifically, the group asked the city to disclose more information about where the money directed to the victims’ families has gone.
A disgruntled city employee killed 12 people at Building 2 of the municipal center in 2019 before he was fatally shot by police. In the aftermath, two state delegates worked to create the mass shooting commission, which was tasked with conducting an independent investigation into the tragedy.
Fairfax has not filed any lawsuit against the city, and said only that they are “exploring all options on the legal front.” He wants to get a result for the May 31 families similar to the $3 million settlement he won for the family of Donovan Lynch, who was shot and killed by a city police officer in March 2021.
Some of the family members, plan to meet with Attorney General Jason Miyares while in Richmond on Wednesday and are working to schedule a meeting with Gov. Glenn Youngkin, according to Fairfax. Miyares penned a letter this month criticizing the commission, which he helped form.
The group has come under recent criticism — half of the commission’s members resigned amid allegations from some that the commission was struggling with dysfunction and poor attendance.
Fairfax said he doesn’t want another General Assembly session to go by without getting justice for the families.
Among those who spoke Tuesday was Jason Nixon, whose wife, Kate, was killed in the shooting. Nixon has been the most outspoken of the May 31 families. He called the city’s leadership “bullies” and said he’s been gathering information from current and former city employees to support future litigation efforts. Nixon also called for Congressional oversight of the funds given to the VB Strong organization.
“I’m ready to go to war, and I’m not going to stop,” Nixon said. “I’m not afraid of nobody. I’m not going to let anybody intimidate me anymore ... You can’t take any more away from me than was already taken from me.”
The city issued a statement responding to some of the allegations made Tuesday. The city said it has provided a combined $1.5 million in workers compensation benefits to the estates of the 11 city employees who were killed and a combined $5.6 million to the six employees who were injured in the shooting.
Matthew Gayle’s mother, Mary Louise Gayle, worked for the city for 24 years before she died in the shooting. Gayle lamented the city’s actions that he said could’ve prevented it.
“For those many years of dedicated service to the citizens of Virginia Beach, she was rewarded by being brutally murdered at work when on the cusp of retirement,” Gayle said. “She was killed by a coworker who should not have been there ... In the years since her untimely and preventable death, her 24 years of service have not earned her grieving and distraught family any answers or accountability. Instead we’ve been met with manipulation, obfuscation and lies.”
The city said it is in the process of implementing recommendations for changes to its Human Resources department, such as making it centralized.
Dr. Renee Carr, a psychologist who spoke alongside the families, said ignoring a traumatic situation worsens the trauma itself and creates a sense of hopelessness.
Carr read a statement on behalf of Debbie Borato, the sister of shooting victim Michelle “Missy” Langer.
“The truth is what we want, not escaping what we know,” Borato’s statement read. “We are not suffering or being hurt by the truth, only by your lies and actions.”
The news conference comes a week after a laptop was found in the home of the shooter, which Borato obtained following a wrongful death lawsuit against the administrator of the shooter’s estate. The laptop ignited a frenzy among the victims’ families, who question whether a piece of evidence was missed by investigators.
The laptop is currently in the possession of Joseph Sherman, an attorney for Del. Kelly Convirs-Fowler. The Virginia Beach Police Department, who said in a 2021 investigative report that they did not recover a personal computer belonging to the shooter, asked Convirs-Fowler to turn it over so they can review and authenticate it.
“The City shares the families’ desire to obtain a full forensic evaluation of the recently discovered laptop that allegedly belongs to the shooter,” the city said in a statement Tuesday. “We look forward to prompt submission of this laptop to a law enforcement agency for evaluation. We share the families’ hopes that it will shed further light on May 31, 2019.”
Gavin Stone, 757-712-4806, gavin.stone@virginiamedia.com
