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VIRGINIA BEACH, Va (WTKR) — The civil lawsuit trial for the wrongful death of a Navy veteran nearly ended in a mistrial Friday.
For days, jurors have been hearing about the shooting of India Kager and why her family says she was unjustly killed by Virginia Beach Police in 2015.
However, a question from the family’s attorneys nearly ended the proceeding before it could be given to the jury. The question came from one of the attorneys for Kager’s family during the cross examination of one of the officers involved in the shooting deaths of Kager and her boyfriend Angelo Perry.
The two were killed in their car while parked at Virginia Beach 7-Eleven in September 2015. Kager was driving, Perry the passenger and their four-month-old baby was in the backseat.
Police say their goal was to arrest Perry, who was wanted for several violent crimes; they say Perry began shooting at officers during the attempted arrest, prompting them to shoot 30 times into the vehicle. Kager was hit seven times. Their child was not hurt.
As an officer involved in the shooting was on the stand, attorneys for Kager’s family asked about procedures used now in similar circumstances. Instead of an answer, an immediate objection from police’s attorneys was voiced.
The judge agreed with the objection and moved the jury out of the courtroom.
Since there are now new procedures used in the police department, attorneys say it’s unfair for this information to be brought up. The judge agreed with police.
After some deliberation the judge decided to allow the trial to continue, but police say they fear that they can’t unring this bell with the jury.
The jury is being let go for the day. On Monday morning, the jury will hear rebuttal evidence before they begin deliberating.
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