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Jury finds parents of accused Santa Fe HS shooter not liable in civil trial

by LAWIN.news August 20, 2024
written by LAWIN.news August 20, 2024
Rose Marie Kosmetatos, left, and her husband, Antonios Pagourtzis, the parents of accused Santa Fe High School shooter Dimitrios Pagourtzis, in court on Thursday. Jennifer Reynolds/The Galveston County Daily News/AP
461

A jury delivered its decision in the civil case involving the parents of Dimitrios Pagourtzis, the alleged gunman from Santa Fe High School.

The jury ruled that Pagourtzis’ parents, Rose Maria Kosmetatos and Antonios Pagourtzis, were not responsible, but they did hold their son, Dimitrios Pagourtzis, accountable for the shooting. Additionally, the online ammunition retailer Luckygunner was found to bear some of the liability as well. The jury determined that Dimitrios Pagourtzis was 80 percent responsible, while Luckygunner was assigned 20 percent of the responsibility.

“I’m thrilled; I believe the parents deserved to have their names cleared, and it was important for that to be done openly,” stated defense attorney Lori Laird.

Seven of the ten individuals who lost their lives in the 2018 mass shooting, along with four survivors, filed a lawsuit against the Pagourtzis family and Luckygunner. The families contended that the parents ignored their son’s worsening mental health and were negligent in securing their firearms at home, noting that the father’s 12-gauge shotgun and mother’s .38-caliber handgun were used in the attack.

Laird mentioned that the family secured their firearms in a cabinet and safe, concealing the keys in a bedroom closet. However, their son managed to find the keys and took the guns. Laird added that their son concealed his growing mental health issues.

Laird stated, “I don’t mean to minimize the pain, suffering, and the awful experiences endured by the plaintiffs, but my clients also became victims of this incident.”

The jury granted a total of $300 million in damages. However, since the victims’ families had reached a settlement with Luckygunner prior to the civil trial, the online retailer will not be liable for any additional damages stemming from this verdict.

The financial responsibility rests on Dimitrios Pagourtzis, who is still in the hospital and unable to participate in the civil trial. Clint McGuire, an attorney representing several families of the victims, stated that he believes the verdict still carries an important message.

“We respectfully have a different opinion on the result. We think that parents ought to securely store their firearms, and we don’t think these parents did,” McGuire stated.

After the verdict, the jury foreperson spoke to the media but chose not to reveal his identity. He mentioned that 10 of the 12 jurors believed the Pagourtzis family took appropriate measures to secure their firearms and expressed confidence in the psychiatrists’ testimony that individuals experiencing mental decline may be able to conceal their symptoms.

He mentioned that two of the jurors believed the parents could have taken additional actions to avert the incident, but in a civil trial, the jury’s decision on this matter did not need to be unanimous.

He also mentioned that he believed the mother attempted to seek assistance for her son when she observed issues at school, referring to email exchanges between Kosmetatos and teachers and coaches inquiring about ways to support her son’s improvement.

HOUSTON, Texas – On Monday, a jury delivered its decision in the civil case involving the parents of Dimitrios Pagourtzis, the alleged gunman from Santa Fe High School.
 
The jury ruled that Pagourtzis’ parents, Rose Maria Kosmetatos and Antonios Pagourtzis, were not responsible, but they did hold their son, Dimitrios Pagourtzis, accountable for the shooting. Additionally, the online ammunition retailer Luckygunner was found to bear some of the liability as well. The jury determined that Dimitrios Pagourtzis was 80 percent responsible, while Luckygunner was assigned 20 percent of the responsibility.
 
“I’m thrilled; I believe the parents deserved to have their names cleared, and it was important for that to be done openly,” stated defense attorney Lori Laird.
 
Seven of the ten individuals who lost their lives in the 2018 mass shooting, along with four survivors, filed a lawsuit against the Pagourtzis family and Luckygunner. The families contended that the parents ignored their son’s worsening mental health and were negligent in securing their firearms at home, noting that the father’s 12-gauge shotgun and mother’s .38-caliber handgun were used in the attack.
 
Laird mentioned that the family secured their firearms in a cabinet and safe, concealing the keys in a bedroom closet. However, their son managed to find the keys and took the guns. Laird added that their son concealed his growing mental health issues.
 
Laird stated, “I don’t mean to minimize the pain, suffering, and the awful experiences endured by the plaintiffs, but my clients also became victims of this incident.”
 
The jury granted a total of $300 million in damages. However, since the victims’ families had reached a settlement with Luckygunner prior to the civil trial, the online retailer will not be liable for any additional damages stemming from this verdict.
 
The financial responsibility rests on Dimitrios Pagourtzis, who is still in the hospital and unable to participate in the civil trial. Clint McGuire, an attorney representing several families of the victims, stated that he believes the verdict still carries an important message.
 
“We respectfully have a different opinion on the result. We think that parents ought to securely store their firearms, and we don’t think these parents did,” McGuire stated.
 
After the verdict, the jury foreperson spoke to the media but chose not to reveal his identity. He mentioned that 10 of the 12 jurors believed the Pagourtzis family took appropriate measures to secure their firearms and expressed confidence in the psychiatrists’ testimony that individuals experiencing mental decline may be able to conceal their symptoms.
 
He mentioned that two of the jurors believed the parents could have taken additional actions to avert the incident, but in a civil trial, the jury’s decision on this matter did not need to be unanimous.
 
He also mentioned that he believed the mother attempted to seek assistance for her son when she observed issues at school, referring to email exchanges between Kosmetatos and teachers and coaches inquiring about ways to support her son’s improvement.
 
The attorney for Dimitrios Pagourtzis’ criminal case, Nicholas Poehl, released a statement on the verdict:
 
“We are pleased with the jury’s verdict, and that they were able to see through the emotionally-laden but relatively evidence-free case put on by the plaintiffs. The plaintiffs’ decision to concede the mental illness of Dimitrios Pagourtzis, after years of claiming he was faking his illness was certainly interesting, as was their decision not to call the expert witness they’d designated to the stand. The damages verdict against an indigent and hospitalized defendant who was incompetent to stand trial and was only appointed an attorney barely two months prior to trial are decisions that an appeals court will have to address in the future.”
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