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Mississippi police officer who shot 11-year-old boy in his home while responding to a 911 call reinstated after suspension

By Nick Valencia and Alta Spells, CNN

(CNN) — The Board of Aldermen of a Mississippi town voted nearly unanimously Thursday to reinstate a police officer who shot an 11-year-old boy inside his own home earlier this year, the officer’s attorney told CNN.

On May 20, Sgt. Greg Capers mistakenly shot in the chest and seriously injured Aderrien Murry while he was responding to a domestic disturbance call at the child’s home, according to his mother, Nakala Murry, and the Mississippi Bureau of Investigation.

Capers was initially put on paid administrative leave while the shooting was investigated, CNN reported at the time. Capers was then suspended without pay in June after a 4-1 vote by the Indianola Board of Aldermen.

On Thursday evening, the Board of Aldermen voted 4-1 to reinstate Capers during a special session. His reinstatement is effective immediately, according to Michael Carr, an attorney with the Police Benevolent Association representing Capers.

“Capers is glad for the reinstatement and ready to get back to work,” Carr told CNN in a statement. “Since the determination was made yesterday evening, we are yet to know when he will be put back on schedule or what shift. He remains a Sgt.”

Exclusive video from the Thursday meeting, shared with CNN by Murry family attorney Carlos Moore, shows 11-year-old Aderrien and his family attending the Board of Aldermen meeting. In the brief video, Aderrien appears overwhelmed with emotion and can be seen sobbing as he is led from the room after the vote to reinstate Capers.

The boy suffered an anxiety attack and had to be transported to the hospital by ambulance, Moore said in a statement to CNN. “Aderrien Murry suffered an anxiety attack during the meeting which resulted in him bleeding from his mouth and nose,” the attorney said. “This unfortunate incident only underscores the deep, ongoing trauma that Aderrien and his family are experiencing.”

In May, the Murry family filed a lawsuit against the City of Indianola, its police chief and several officers, including Greg Capers. The lawsuit seeks at least $5 million in damages, claiming excessive force, negligence, reckless endangerment, and civil assault and battery, among other counts.

A defense motion for summary judgment filed December 5 calls for the Murrys’ lawsuit to be dismissed, saying Capers and the police chief “are entitled to qualified immunity because the allegations amount to no more than an unintentional shooting where an officer reasonably reacted to a potentially dangerous situation and threat of serious harm.”

The motion says the plaintiff also failed to establish a violation of the Fourth Amendment of the US Constitution because Capers’ actions were unintentional, and he and his fellow officer were never informed there were children in the home when they responded to a 911 call about a “violent domestic disturbance.”

In addition, the address was known to the officers and had “been the scene for dozens of violent and sometimes armed disputes” between Nakala Murry and the father of one of her children, the court document states.

During Thursday’s meeting, the board also voted against releasing the video footage of the shooting incident, according to Indianola Alderman Marvin Elder.

In response to that move, Moore claimed the decision speaks to the lack of transparency and accountability over the incident.

“Our commitment remains steadfast in seeking accountability and justice on behalf of the Murry family,” Moore added.

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