A year after an 11-year-old Indianola boy survived being shot in the chest, the boy’s mother is pursuing a state lawsuit against the sergeant and police department.
In the early morning of May 20, 2023, Nakala Murry called the police to help with a former partner and the father of one of her children, concerned for the safety of her son, daughter and nephew who were home. Sgt. Greg Capers arrived with his gun drawn expecting to encounter the man, but as he stood in the dark doorway, he fired at Murry’s son, Aderrien, as he entered the room.
“This incident underscores the urgent need for proper training and supervision within law enforcement agencies,” said Carlos Moore, who is representing the family in the lawsuit, in a Thursday statement.
The lawsuit, filed in the Sunflower County Circuit Court, alleges Capers didn’t properly assess the scene before using lethal force and that a police dispatcher failed to handle the situation effectively. It is asking for $5 million in damages.
“The gross negligence and reckless disregard displayed by the City of Indianola and its police force have had devastating consequences for this innocent family,” Moore said. “We are committed to seeking justice and ensuring that such tragedies do not recur.”
Michael Carr, who is representing Capers, said he has received and reviewed the complaint, which appears to be an effort to get around qualified immunity – a type of legal immunity that shields government officials including officers from lawsuits alleging violations of constitutional rights.
Attorneys representing the city were not immediately reached for comment Thursday afternoon.
Capers was suspended first with and then without pay as residents and supporters called for his termination.
In December, the attorney general’s office presented the case to a grand jury, which cleared him of criminal wrongdoing. Capers returned to work with the Indianola police.
Nakala Murry then sought felony and misdemeanor assault charges against Capers, but those were dismissed, according to court records.
In April, Murry and her son were called to Youth Court based on neglect allegations stating the boy was hurt because of domestic violence between his mother and partner – not the shooting. At the time, Moore declined to comment about the hearing, and an update is not available because youth court documents and proceedings are not open to the public.
Moore is also representing the family in a federal lawsuit relating to the shooting. That lawsuit, filed weeks after the shooting, is also against Capers, the police department, the police chief and the city. The chief, city and Capers have denied the allegations.
Carr said the state lawsuit complaint contains the same set of facts as the federal suit, so he plans to file a motion asking the circuit judge to dismiss it.
Capers and the police department face another lawsuit by an active Army sergeant, who alleges the officer tased, choked and pointed a gun at him while he was handcuffed in December 2022.
The city has denied the allegations and is asking for a judgment on the pleadings.
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