Families of nine victims killed in a racist attack at a Black South Carolina church have reached a settlement with the Justice Department over a faulty background check that allowed Dylann Roof to purchase the gun he used in the 2015 massacre.
The $88 million deal, which includes $63 million for the families of the slain and $25 million for survivors of the shooting, was set to be announced Thursday in Washington, Bakari Sellers, a attorney who helped broker the agreement, told The Associated Press on Thursday.
Sellers said the “88” figure was purposeful. It’s a number of significance to neo-Nazis and hate groups and was the number of bullets Roof said he had taken with him to the attack.
According to the Justice Department, settlements for the families of those killed range from $6 million to $7.5 million per claimant. Survivors’ settlements are $5 million per claimant.
Months before the June 17, 2015 church shooting, Roof was arrested on Feb. 28 by Columbia, South Carolina police on the drug possession charge. But a series of clerical errors and missteps allowed Roof to buy the handgun he later used in the massacre.
The errors included wrongly listing the sheriff’s office as the arresting agency in the drug case, according to court documents. An examiner with the National Instant Criminal Background Check System found some information on the arrest but needed more to deny the sale, so she sent a fax to a sheriff’s office. The sheriff’s office responded it didn’t have the report, directing her to the Columbia police.
Under the system’s operating procedures, the examiner was directed to a federal listing of law enforcement agencies, but Columbia police did not appear on the list. After trying the separate West Columbia Police Department and being told it was the wrong agency, the examiner did nothing more.
After a three-day waiting period, Roof went back to a West Columbia store to pick up the handgun.
The lawsuit for a time was thrown out, with a judge writing that an examiner followed procedures but also blasting the federal government for what he called its “abysmally poor policy choices” in how it runs the national database for firearm background checks. The suit was subsequently reinstated by a federal appeals court.
The FBI has acknowledged that Roof’s drug possession arrest should have prevented him from buying a gun.
“The mass shooting at Mother Emanuel AME Church was a horrific hate crime that caused immeasurable suffering for the families of the victims and the survivors,” Attorney General Merrick Garland said in a statement. “Since the day of the shooting, the Justice Department has sought to bring justice to the community, first by a successful hate crime prosecution and today by settling civil claims.”
In 2017, Roof became the first person in the U.S. sentenced to death for a federal hate crime. Authorities have said Roof opened fire during the Bible study at the church, raining down dozens of bullets on those assembled. He was 21 at the time.