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Metro City Council votes to settle Waffle House shooting lawsuit

Posted at 8:24 PM, Apr 21, 2020
and last updated 2020-04-21 21:35:48-04

NASHVILLE, Tenn. (WTVF) — Metro City Council members unanimously voted to settle a lawsuit stemming from the deadly Waffle House shooting two years ago.

The 44 - 0 vote came one day before the two-year anniversary of the shooting that killed four people.

The city will settle Shaundelle Brooks' claim for $35,000. Brooks is a family member of one of the shooting victims, Akilah DaSilva.

Witnesses reported DaSilva being injured while shielding his girlfriend from the gunfire.

Vigil Honors Waffle House Victim Akilah Dasilva

The suit stems from dispatcher's mistake of sending first responsers to the wrong Waffle House location after the first 911 calls were made. Officers were sent to 816 Murfreesboro Pike instead of the actual location at 3571 Murfreesboro Pike nine miles away.

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In June of last year the city filed a motion to dismiss the lawsuit however, it was not granted. The motion argued the suit should have been dismissed for several reasons. Among them is that Metropolitan Government is immune from suit for providing 911 services. It also stated Brooks failed to provide sufficient facts to prove gross negligence or reckless conduct by 911 operators.

The family's attorney,Daniel Horwitz, released the following statement in regards to the settlement:

“This has never been about money—it was about needed policy changes and accountability—and it should not have taken two years and a lawsuit to get Metro to accept responsibility for dispatching the emergency response to the wrong place during a mass shooting. Ms. Brooks is proud to have helped prevent the next family from experiencing tragedy as a result of the ’significant errors’ that Metro now admits occurred here, she is glad to have resolved this matter, and she will continue to seek justice for her beloved son.”