Most of the families of those killed and injured in last year’s mass shootings at Virginia Tech have preliminarily agreed to a settlement with the state that would pay up to $100,000 to some and head off lawsuits for most, lawyers and Gov. Timothy M. Kaine said Thursday.
A Washington law firm representing a score of families announced that a “historic” settlement had been reached that could total more than $11 million in direct compensations and benefits.
Peter Grenier, one of the lawyers for Bode & Grenier, declined to comment further, citing continuing confidentiality agreements surrounding the months-long mediated settlement negotiations.
Kaine called it “at least a conceptual agreement between a substantial majority of the Virginia Tech families and the commonwealth,” but declined to define “substantial majority.” He also didn’t provide details.
“It’s conceptual and so the key now would be to reduce it to writing and hopefully see whether folks will be on board to sign,” Kaine said. “We expect that they will. And when that happens, then we’ll be able to talk much more about it.”
An earlier version of the proposed agreement obtained by The Virginian-Pilot offered $100,000 to each of the families of the 32 students and faculty killed by a disturbed student in the April 16, 2007, attacks, and lesser amounts to dozens injured. It also offered money for continued health and psychological care, and audiences with the governor and university officials to answer questions about the shootings and their aftermath.
The Associated Press called the tragedy the worst mass shooting in U.S. history. The campus is preparing commemorations for the one-year anniversary next week.
Edward Jazlowiecki, a Bristol, Conn., lawyer helping to represent the family of deceased student Henry Lee of Roanoke, said several families will refuse the settlement and sue the state. His clients weren’t happy with the settlement, which he identified as “tentative” only, but will accept it to avoid years in court.
“It’s like an agreement to agree,” Jazlowiecki said. “I wouldn’t call it a complete settlement.
“What can I say? It was a take-it-or-leave-it thing. And a lot of people don’t have the emotional strength to go through a couple of years of this.”
Jazlowiecki said he didn’t know where the $11 million figure came from that Bode & Grenier used. State officials have not given a total cost estimate.
Jazlowiecki also said many families want apologies from the state, but that he didn’t expect to hear any.
Kaine said Virginia is agreeing to settle to avoid costly litigation and meet the “legitimate” needs of those hurt, after weighing the chances of successful claims.
“There are certain circumstances under which the state, or political subdivisions of the state – universities, local governments – would be liable for acts of negligence,” he said.
“… There are also costs of tying up people’s time, keeping an institution focused on rehashing events from the past rather than on focusing upon the mission today and tomorrow. And so in any situation where there’s a potential claim, you weigh all of those things and try to make a decision that’s in the fiscal interest of the commonwealth and the institutions involved. …
“This is obviously a bigger and more complex case with a lot of emotion attached to it,” he said.
The governor wouldn’t say where the money to be paid would come from, until there’s a final agreement. He did say, though, that typically settlements are paid through a state risk management account.
Kaine also said the timing of an agreement – less than a week before the first anniversary – wasn’t important.
“I do feel like the university, and we, wanted to do our best to try to find an accord with the family members and, if there was a way to get it done before next week so that what next Wednesday, the 16th, should be about is really purely a reflection about the loss of life, and those who were victims, and those who were injured, rejoicing in the recovery of those who were injured. That’s what it should be about.”
In a statement, Bode & Grenier lawyers said that surviving victims will have health-care needs taken care of forever, and “families who lost loved ones will be similarly compensated and cared for.”
The firm also said the settlement will result in releasing “previously undisclosed facts and information” that its investigation turned up “that will enable the public to better understand the events which caused this senseless tragedy and why this settlement with Virginia has been reached.”
Matthew Bowers, (757) 222-3893, matthew.bowers@pilotonline.com
Julian Walker, (804) 697-1564, julian.walker@pilotonline.com






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Gun nuts have their own facts
I don't know what the opinions of line police are, but I do know the opinions of police organizations representing line police.
The International Association of Police Chiefs last September called on the U.S. government "to support strong and effective gun violence prevention policies" to reverse a two-year rise in violent crime. In its report, "Taking a Stand: Reducing Gun Violence in Our Communities" the IACP pointed out that lethal violence across the nation increased in both 2005 and 2006, according to FBI statistics.
Other police organizations calling for responsible gun laws include: Hispanic American Police Command Officers Association; Major Cities Chiefs Association; National Association of Police Organizations; National Black Police Association; National Fraternal Order of Police
National Sheriff's Association; and the Police Executive Research Forum.
It's typical of gun nuts to ignore facts, though, and use their mind-meld talents to determine what the majority of line police think.
Most Line Police Support Citizens Right to Carry Firearms
Unlike police chief politicians who are beholden to espouse the views of their elected political bosses, most police officers actually on the streets do indeed support law-abiding citizens carrying permitted handguns. For example, see:
http://www.leaa.org/deedsv.helmkemsn.html
There have been documented cases of legally armed citizens saving the lives of uniformed police officers - but no instances of legally armed citizens attacking police officers.
Someone wanted to know how many crimes are prevented by guns. See the article at
http://tinyurl.com/4xb5yb re that.
Reply from a lawyer
To all those who are criticizing the lawyers and making disparaging remarks- These families are receiving assistance because of lawyers. Try getting the state to write a check on its own. Try filing the necessary paperwork that complies with the state code. Try arguing a case in front of a judge, citing case law and code and blending facts with legal dicta. It is harder than you think. The fact that lawyers can do that precipitated the settlement. 60% of $100,000 is far more than these grieving parents, spouses, kids would have gotten on their own. Oh yeah, spend three years buried in a library memorizing 10,000 legal rules and cases living on student loans. To the people slamming attorneys, do people call you when their lives are on the line? What do you do for your money? Give me a break.
I support the police, not the NRA
The International Association of Police Chiefs last September called on the U.S. government "to support strong and effective gun violence prevention policies" to reverse a two-year rise in violent crime. In its report, "Taking a Stand: Reducing Gun Violence in Our Communities" the IACP pointed out that lethal violence across the nation increased in both 2005 and 2006, according to FBI statistics.
Other police organizations calling for responsible gun laws include: Hispanic American Police Command Officers Association; Major Cities Chiefs Association; National Association of Police Organizations; National Black Police Association; National Fraternal Order of Police
National Sheriff's Association; and the Police Executive Research Forum.
Only one-third of Americans own guns and some of them are criminals. Isn't it time we listened to the police and ignored those who oppose responsible gun laws of any sort?
Armed Average Citizens Tend to Stop Killers
Va Tech leaders and Va legislators declined to assure the natural right of adult students to defend their lives with legally-carried handguns. That would have been the most realistic way to minimize the horrendous random violence which Cho was able to inflict. The official anti self-defense rules make students essentially defenseless.
Being armed is no guarantee one will survive a Cho, but it improves the chances - dramatically so if a number present are armed. Legally-armed citizens often intervene to halt violence, including at schools. See http://tinyurl.com/4mmnn2 They don't have to wait helplessly for others who are armed to arrive. Homicidal sociopaths prefer unarmed victims.
Students for Concealed Carry is trying to educate people about the need to abolish so-called "gun-free" zones such as exists at Va Tech.
Unfortunately, left-wing emotional pitches, calculated deceptions and foolish wishes sometimes tend to blind some to facts and common sense. Human nature has not changed since Cain killed Able. Murders will happen again and again in the future - sometimes in classrooms.
The suing and money part of
The suing and money part of this tragedy has perplexed me a bit. I agree it is not the State's place to be compensating victims with large sums of money. It was a crime and the Virginia , "Criminal Injuries Compensation Fund" is there to serve that purpose.
My heart goes out to the victims and families but the whole tragedy seems cheapened a bit when we 'settle it with money.'
Ira
re-read my 1st post, you apparently didn't comprehend it the first time. The part of my post you quoted is about crimes NOT stopped by legally armed citizens in VA. Do I really need to enlighten you on those, especially given the subject of this story? For a good example of one that was stopped -- in VA none the less, read the story that was posted by Orion: http://archive.newsmax.com/archives/articles/2002/1/25/153427.shtml
Oh, and can you enlighten me on how much damage a teenager with a gun permit can cause?
Appalling Greed
It is appalling that the lawyers (who will probably get at least 1/3) and families are going after the deep pocket monies of the state. And even more appalling that the politicians don't stand up for the taxpayers. The state and university did nothing wrong. A lunatic breaking the law DID. What's next? Suing the state because there wasn't enough police on a highway to prevent an accident? Or maybe suing the attorney general and state for allowing a plea bargain with someone who then goes out and commits a vicous crime. Grief is tough, but passing the blame to the innocent taxpayer is just plain greed! I grief for the families, as well as all those who have lost loved ones to other tragedies and dieases, but to go out and blame the innocent is just appalling.
radman
I read your entire letter. I was waiting for you to enlighten us. Exactly how many crimes were stopped by armed citizens in Virginia on a 3 year average. You touted reliable sources. Show us.
"You can tell us.....go ahead.....that's right! All the crimes that were NOT stopped by legally-armed citizens!! And you can count those, can't you?"
Can you?
Some realistic input
How much money does it to take to make these people happy? Will $10 million make them say "OK. I'm happy now, Marge. Let's sell the house in Roanoke and move to the Cayman Islands. That will make us forget that our child was murdered".
Whenever someone says "It's not about the money", you can be sure that's exactly what it's about.
What an embarassment! You can say that Tech was negligent all you want but I'd bet $100,000 that if Cho was on 100 other campuses, the same massacre would have taken place at 98 of them.
falconski
Do you actually read what you write (or believe it)? Teenagers with gun permits? Doesn't happen in Virginia, you have to be 21. As far as how many crimes have been stopped by law abiding gun owners, get off your duff and do a Google search. Then again I don't expect you to do that because it would destroy your argument. I will give you one link of a school shooting, stopped by gun owning students, notice how most of the media outlets portrayed it...
http://archive.newsmax.com/archives/articles/2002/1/25/153427.shtml
Consider...
Private colleges and universities are desperate for donations and lucky to ever achieve an endowment large enough to use the interest money alone to keep the bills paid, perhaps even salaries too. State colleges and universities who we are led to believe are "state-supported" are apparently entirely controlled by state goverments as the State of Virginia settlement glaringly makes clear. So if in fact hundreds of millions of dollars in benefactor donations are really flowing into state coffers, under state control rather than the school itself, then it becomes a voluntary tax revenue stream like the lottery is. If this is true, perhaps the time has come for folks to reconsider that their local and state taxes will support state schools and their programs and therefore individuals should consider donating to private colleges and universities. It will certainly be the day when private schools get all the money they need and state schools have to hold a bake sale.
Can I have my donation back?
Many of us donated $$$ to assist the families of the victims. Our donations were heart-felt. Was that not enough? I hope this kind of tragedy never happens again, but if it does, I will hold my $$$ until all of dust from litigation settles.
All of yall are missing the point
You will never be able to stop a crazy person who is set on killing and doesn't mind dieing in the process. Isreal hasn't stopped it in over 50 years. The strongest military in the world has not stopped it in Iraq. No text messaging is going to stop it. No "lock down" (whatever that means) can stop it. No locks on doors, no badge swiping, no students carrying guns can prevent it. Thousands of students walk across the campus out doors each hour changing classes, that opportunity is always there for the crazy man who doesn't mind dieing to kill others. It has happened at other campuses since the Va Tech incident. Is it because those people are stupid or the school is neglegent? No. It's because you cant stop a crazy man bent on mass murder who doesn't mind dieing in the process. It has happened at post offices, malls, work places and businesses all over the world.
The real problem is that we have developed a mentality in this country that somebody else is responsible, not the crazy man that pulled the trigger, somebody with money somewhere is the one who is responsible. And if something like that happens to me or happens to my loved ones then somebody owes me some money.
Me too
I want some money too. I had to hear about this all last year on the evening news and how the news readers kept reminding us about the tragedy.
.....got publicly explain.
.....got publicly explain. Are those lives less meaningful beacuse they were'nt covered on national news? I think not!
Well, since you asked.....
Falconski, fact is, you don't know how many crimes are stopped in VA by citizens who are legally permitted to carry weapons -- can't argue that, it is a pure FACT. Ya know why? Sure you do - go ahead and say it....it's OK....we all know.....just spit it out....here, I'll help you...It's because the media doesn't tell you about those stories. Did you get that? You don't hear about those types of stories on the news -- and that is your link to the "real world", isn't it? The news. Sure it is. And what kind of stories does the news tell you about? You can tell us.....go ahead.....that's right! All the crimes that were NOT stopped by legally-armed citizens!! And you can count those, can't you? There's lots and lots, aren't there? Hmmmmm..........you're pathethic. Stick your head back in the sand.
When I think about the state giving cash to the VT victims' families, I feel nauseous. I'm sorry people died, but the citizens of Virginia, the State and the school have no liability there. If you disagree, then I say shame on you and your litigious mindset. Is Kaine going to offer cash to all the other families of people murdered in VA? If not, then he should publically e
support for falconski
It is obvious how much just one teenager with a gun permit can cause. Are you all missing that?
Amen teri davis
That's right Teri, teenagers with gun permits would definitely have stopped this rampage. We only need to read the paper and watch the news every day to see how many lunatics are being stopped by citizens with gun carry permits. Why just last week there was....errrr...ummm... ok, just last month there was...uhhhhhh....ok, last year there was.....hhmmmmm..... gee Teri, just how many sick, psycho lunatics have been stopped by law abiding citizens with gun permits. Anyway, you must be write, because there's always a bunch of gun nuts like you writing that crap, yet none of you ever seems to actually stop a crime.
It's All about money
I guess the lawyers and the parents were able to put a price on the kids heads. But it appears the dollar amount was not enough in some cases. VA Tech and the Virginia population did not cause this tragedy. But to make laywers and parents happy we are deamed at fault. I am sorry for the loss of innocent life at the hands of a crazy person, but I just cannot see how the taxpayers of Virginia are the responsible party. I guess the award of dollars will take the pain away. In some cases, they needed more dollars to ease the pain. Having 3 kids of my own, I cannot even begin to set a price tag on their heads to justify their loss. It's a sad day again for Virginia and Virginia Tech. It's all about money.
This payment was done for the same reasons the FEDs paid out
in the September 11 mass murders. In an effort to stop people from suing. Sadly, attorneys are the ones benefiting the most. No amount of money is going to help those families who lost loved ones. The state should have just paid all medical, travel and burial expenses for those murdered and injured. I graduated from VT, have a son that was there that day. That's all I have to say.
What about other homicide victims
Am I wrong here? This doesn't seem right. What distinguishes a victim at a college campus as opposed to someone who was robbed, shot and killed coming out of a store in a parking lot or while filling their tank at a gas station. Did any of the DC sniper victim family's get anything? Is the state supposed to pay relatives for their death as the hands of John Mohammed (DC Sniper)? I'll also bet some of you didn't know that the family of a Military soldier killed in Iraq only gets a death gratuity of $100,000. Then Social Security also chips in with another $255 dollars. There's also the concept of sovereign immunity under the 11th amendment. And so we're left to question this action by the state and the disparities in payments for ANY victims ANYWHERE.
What about me?
I had a family member killed once. We didn't even get decent representation from the state prosecutor. This makes me ill. I hope the money makes them feel better. They knew it wasn't coming from anyone who could learn from it. We are the ones paying(yes, even me via income tax in Va). This was pointless and the only point was the money.
Okay my turn
The US Census Bureau estimates that (as of 2006) there were around 7.5 million people in VA. Let's say (for this example) that 5.5 million people pay taxes. That means it (should) only cost us taxpayers a mere 58 cents per person (roughly) to pay the 3.2 million dollars to the victims. Once we add the court costs and such, we arrive at the grand total of 11 million dollars lawsuit. Which means about 2 dollars per person. And how many of you actually knew people that were murdered? Maybe your opinions would be different. And yes, I knew a victim.
Wait a second
Okay, first, when victims are injured through criminal negligence, should they win their case, they can be awarded compensatory damages up an excess of $1 million. And $11 million settlement really isn't that egregious, in terms of what victims can typically receive. Compensatory damages can usually be sought because they pay for the potential cost for the lifetime duration of the victim. In this case, the victims are no longer alive to receive the benefits of this...enter family fund. Why do they deserve $11 million? Well, why don't they deserve it?
To take the families' points-of view, if I felt that the school where I sent my child was negligent in their care for my child, I would be angry at that school. Yes, it's a college, but it also bears the responsibility of making sure that the students are safe. In this case, they did not. They failed miserably. Would I seek that much in damages? I don't know, but I also know that I can't really understand it unless it's happened to me.
As for taxes paying for it...wrong. Insurance companies charge huge premiums to institutions, and without knowing, I would guess that Tech would be the major payer in this case...they have annuit
Lawyers
Have the laywers ever donated their time to anything?????
The blood suckers of America. Them and the politician lawyers in DC
Wow!! 100K per student what a steal!!!
VA Tech is getting the deal of a lifetime at 100K for each death caused by A. their negligence in failing to remove Seung-Hui Cho from the campus, B. their failure to warn the campus that a gunman was at large and could possibly and C. the campus policy that doesn't allow properly permitted and legal gun owners to carry their lawful weapons on campus, ensuring a helpless, victim-rich environment. When one considers that a surrogate mother is $40,000 plus another 15-30K for the harvesting, fertilization and implantation, prenatal care, hospital delivery, diapers, food, clothes, insurance, education, braces, etc., etc. and VT got the deal of a lifetime! If I offered you a 100K for one of your children would you let me kill him or her? Of course not--but VT thinks it's a fair deal for the parents--and of course let't not forget that the lawyers are getting a cut too--33.3-40% of the 100K PLUS EXPENSES which means only 60-66% of the 100K of blood money offered. It's not enough--not by a long shot!
Community
"Blood Money", "Opportunistic", "I am being blamed". Where is the compassion? Have we become so crass that this devolves into a base argument about taxation? There is something foul here, and it's not the Elizabeth River.
Indeed, these comments cause me to question the collective mental health of your community. Those not familiar with the details of the crime will cry foul, but this is a pittance for something that did not need to happen. 100k will hardly fund more than a few years of mental health services for a family of four coping with murder.
Virginia Tech failed the students in several ways. The State's only Polytechnic Institute could not get a simple text messaging service online in less than 8 months. Did they learn nothing from the Morva snafu? The campus police were preoccupied chasing a Red Herring down Washington Street. The administration was distracted, and too busy posturing their PR machine for a double homicide, to cancel classes that day. They failed as individuals and as an institution. Even President Steger--who is normally a compassionate man--could not even muster an apology.
These message boards remind me why I left your "community".
Who does the money go to?
If a victim had 2 parents, a 1 year old child, a husband, and a mother-in-law who she was close to, who gets the 100K? Does it matter if she hadn't seen a parent for 10 years? What if the victim was engaged, or separated? What are the rules of distribution?
Wow..
Just wow! What's the going price for your loved one these days? And like another person said..when the money is gone...their loved ones are still dead. And why a "hardship" fund? These kids weren't contributing members of their household monetarily. Why are their families' considered hardship cases? I can see the injured ones having their medical expenses paid...but why by the state and not VT?
I hope the families do something good w/this blood money. Donations to crime prevention organizations would be a good place to start.