A few weeks ago as I was looking over my FB feed, I noticed post from a friend concerning one India Kager. She was from College Park Maryland and was Navy veteran. She had been killed by Virginia Beach police who shot 30 rounds into her parked car. The name was not familiar and so I did some research on the killing.
On September 15, 2015, a Virginia Tactical Swat Team was surveilling a car driven by India Kager. In the car was her boyfriend and 4 month old baby. According to police, her boyfriend, Angelo Perry was a violent former convict who was a suspect in at least 4 murders. They also believed he was about to commit another murder on the night in question.
At some time on the night of September 15th Kager and Perry pulled into a 711. After the car stopped, police pulled up in their vehicles and surrounded the car. Perry allegedly opened fire. Police responded by shooting a hail of bullets into the car, killing Perry and Kager instantly. One officer had a bullet pierce his clothing, but was not otherwise injured. As usual, the officers involved in the shooting were put on administrative duty, not leave.
In 2017 the parents of India Kager sued the City of Virginia beach and the officers involved in the incident. The lawyers representing the the family sued on grounds of wrongful death resulting from battery, recklessness and gross negligence. Of course city attorney’s geared up to lesson the liability the police had put the city in. Deputy City Attorney, Chris Boynton, representing the four officers, argued a demurrer, which essentially states that there is no legal basis for a lawsuit. In the pursuit of justice, they can kill as many innocent people as it takes to get the bad guy. “Okay, they did not say the last part, but that’s what they mean.”
However a judge ruled that there was enough material in the lawsuit for it to move forward. The lawsuit also stated that the defendants should have known that Kager was in no way involved with the alleged criminal activity of Angelo Perry and they should have known that their conduct would have placed Kager in imminent danger of serious bodily injury. Police were watching Perry because he was a suspect in two murders and a home invasion, and a confidential informant tipped off officers, saying Perry was in town to make a hit on someone, according to the Virginia Beach Commmonwealth’s Attorney Colin Stolle.
Detectives pinged his phone and undercover officers followed him to the 711, where Officers decided then to try and take him into custody. The city said they were acting on the knowledge that Perry was about to kill someone. They blame Perry for India’s death. They blame Perry for shooting over 30 rounds into a car with two innocent victims, one being only 4 months. The parking lot was about two miles from Perry’s intended victim according to the State Attorney.
I’m no Dick Tracy, but why didn’t the police put the victim into protective custody and let Perry know, they knew what he was planning and they were watching him? Why didn’t they wait until India and Perry were apart. Why did they make a night arrest? Were they planning on killing someone? Did they know there was a baby in the car? They knew Perry was down there and they were following him. Were they all aiming at the passenger or were some aiming at the driver? The State Attorney’s report indicated the police knew that India had nothing to do with the crimes perpetrated by Perry, so why shoot at the India who was driving the car. There are so many questions and I’m getting ready to cuss… so lets move on.
On August 27th 2018, nearly three years after the killing, a jury found that two Virginia Beach police officers acted with gross negligence when they shot India Kager in 2015. After four hours of deliberation, the jury recommended $800,000 in compensation to the estate of India Kager.
The jury found officers Kyle Ziemer and Steven Ferreira , whose rounds were recovered from Kager’s body, liable in her death, and cleared officers Dana Roys and James Thorson.
Although only two officers were found guilty of gross negligence, the original lawsuit was brought against all four officers involved in the shooting. All four are still employed by the Virginia Beach police and Chief Jim Cervera said he supports them “100 percent.” The city Commonwealth’s Attorney’s Office concluded in 2016 that the officers’ actions were justified and did not bring criminal charges. The compensation will be paid out by Virginia Beach’s risk management fund. Even so, the city has already filed for an appeal. The case could end up in court for years.
Hopefully, Virginia Beach will give it up. Fire those disgraced officers, give that grieving family that little bit of money and apologize to the community for trying to save a few bucks off the death of an innocent citizen by a couple cowardly cops who shot the driver although they knew she was innocent and now hide behind the blue line, and the oh so old excuse, “I feared for my life.” Yeah right.. There were four people firing at one person trapped in a car and two of you were shooting at the driver who was unarmed and you knew it….
The video of the India Kager shooting is graphic. But we need to see this.
In Memory Of India Kager
Wow a Damn Shame