VIRGINIA BEACH, Va. — More than four years since the municipal center mass shooting in Virginia Beach, several families who lost a loved one are still struggling to move on and heal with 13News Now.
Their frustrations come on the heels of a final report issued by the state commission tasked with an independent investigation.
The 16-page report was addressed to Gov. Glenn Youngkin (R-Virginia) and members of the Virginia General Assembly on September 28. 13News Now is working to attach a copy of the report to this article.
It largely gave recommendations to government officials and described the hurdles commissioners faced in search for answers.
"I wish I could think of a harsher word, but very disgraceful to see that the state, at that level, allowed this to happen. The commission did not do an investigation," said Debbie Borato, the sister of Missy Langer.
Several others who also lost a loved one on May 31, 2019, said this was not the outcome they expected from the Virginia Beach Mass Shooting Commission.
"They feel like instead of an investigation, they just got a report with certain recommendations," said Justin Fairfax, the attorney representing seven 5/31 families.
The massacre at Municipal Center Building 2 left 12 people dead and several others hurt. Police killed the shooter, who was identified as a disgruntled city employee.
In 2021, FBI agents released their own report saying the suspect felt "motivated by perceived workplace grievances, which he fixated on for years."
The state commission was made up of volunteer members. The body first met in June 2021, according to the final report.
Moreover, the final report outlined difficulties in getting "some employees" to come forward and interview with members, citing their fear of retaliation.
"One employee would not talk to the Commission until he found a new job (again, for fear of retaliation)," the report stated.
"The decision on whether employees share their experience surrounding that day is a personal choice based on their own comfort level, and any concerns regarding allegations of retaliation are taken very seriously," a City of Virginia Beach spokesperson wrote to 13News Now. "It's absolutely imperative that our workforce continues to be educated and aware of our existing methods to report any workplace concerns in addition to policies in place. One tool in particular available to employees is the R.E.S.P.E.C.T. (Report Employee Situations Promptly to Enable Change Together) reporting system."
Additionally, the report recommended smaller-sized commissions, adequate funding and access to pro bono lawyers.
"It was supposed to be a state investigation, and they were handcuffed in doing so because they had no subpoena powers," said Jason Nixon, the husband of Kate Nixon.
Commission chairman Ryant Washington referenced issues with a 21-member group, adding it was "too large and cumbersome, hindering the Commission's work."
"Some meetings were held without a quorum; matters could not be voted on," Washington wrote.
Earlier this year, a former member told 13News Now that after his resignation, he said the number of commission members had dwindled to less than 10.
Among dozens of suggestions, commissioners asked government officials to consider improving active threat training, furthering teamwork with first responder agencies to remove possible barriers when responding to emergencies, and enhancing families' experience as it relates to handling death notifications.
"Families and survivors of the Virginia Beach mass shooting reported mishandling in dealing with families and survivors," the report partly read. "The Commission believes the burden of making next-of-kin notifications should fall to licensed trauma counselors to play a direct role instead of law enforcement during mass casualty incidents."
"I appreciate all the things they recommended because that should have been in place in the first place," said Nixon.
He hoped people in power will be able to take the information recommended and act upon them.
"Virginia could lead the way in helping prevent mass violence," Nixon added.
EARLIER THIS MONTH | With passing of new Virginia budget, comes newly appropriated Mass Violence Care Fund for victims of mass casualty events
The commonwealth's new budget, signed by Gov. Youngkin, included $10 million set aside for the Virginia Mass Violence Care Fund.
"We want to make sure the 5/31 families are prioritized," said Fairfax.
He noted the budget passed did not include a separate $40 million that he and his clients requested for the specific needs of 5/31 families and employees who survived the shooting on that day.
"Given that this is the second largest mass shooting in the history of the Commonwealth of Virginia, they deserve that support, they deserve that resolution and they deserve their government coming to their aid," said Fairfax.
A spokesperson for Gov. Youngkin told 13News Now, "The Youngkin administration is reviewing the report."
"First, the City would like to thank the work of the commission volunteers. We've just received the report ourselves so it's too soon for us to comment on it before we've had a chance to give it the thorough review it deserves; however, we will prioritize this effort to assess any recommendations for municipalities and determine what actions are already being implemented, or what can be implemented, at the local level to strengthen our response to emergencies," a spokesperson for the City of Virginia Beach wrote.
Attorney General Jason Miyares (R-Virginia) also weighed in, following the release of the final report.
To put his latest comment into context, Miyares penned a letter in December. He said, in part, “I have been incredibly disappointed in the way the Commission has conducted their investigation and review thus far.”
Miyares offered this statement Wednesday.
“The tragedy of May 2019 will forever leave a scar on the soul of Virginia Beach. The purpose of the Commission was to get answers for loved ones and a community still searching for answers. I applaud the Commission for its series of recommendations to make it easier for first responders to enter public buildings, protecting the anonymity of those that speak to investigative commissions, increased training for safety and security, and ensuring a standardized communication system between law enforcement and first responders. However, it is also true that the Commission faced many obstacles in doing its work, including too often a lack of quorum, a lack of funding and no subpoena power. My hope is that Virginia Beach can learn, heal and work to ensure such a tragedy never again occurs.”