Nakala Murry has filed another criminal affidavit against Indianola police Sgt. Greg Capers.
Murry, the mother of 11-year-old Aderrien Murry, the child who was apparently shot by Capers during a May 20, 2023 response to a domestic disturbance call, filed a criminal complaint today in justice court for a misdemeanor simple assault charge against the officer.
In the complaint, Murry claims that Capers “Did willfully and unlawfully caused bodily harm against Aderrien Murry on May 20, 2023 by recklessly shooting him the chest in our home, causing Aderrien Murry to suffer a collapsed lung, fractured ribs and a lacerated liver.”
Murry family attorney Carlos Moore told The Enterprise-Tocsin today that the complaint differs from Nakala Murry’s June affidavit, which sought felony aggravated assault charges against Capers.
In this case, he said, there is no need for a grand jury since the allegation is a misdemeanor offense.
“It is a misdemeanor so it would be a bench trial,” Moore said.
Capers’ attorney Michael Carr confirmed that his office received the complaint.
“It appears to be based off of the same set of facts as the original affidavit, except it alleges simple assault rather than aggravated assault,” Carr said, later adding, “This appears to be a backdoor attempt to bring Sgt. Capers into court without having to go to a grand jury.”
Carr said he forwarded the complaint to Attorney General Lynn Fitch’s office in order to get an opinion as to the merit of the affidavit.
Capers was cleared in December by the Sunflower County grand jury, which declined to indict him on criminal charges. That put to rest Murry’s June aggravated assault complaint.
Later that month, he was reinstated to IPD after serving months on leave without pay.
In the last week, snippets of body camera footage and 911 dispatch calls from that morning have been released to the public.
The complaint went on to say that the “Shooting occurred when Greg Capers was routed to our home during a dispatch call. I, Nakala Murry, will like to file simple assault charges against Greg Capers on behalf of Aderrien Murry.”
Aside from the June and January affidavits, Nakala Murry has filed a $5 million lawsuit against Capers, the city and others.
Today’s affidavit comes 24 hours after portions of the 911 calls were released by Moore’s office.
“This action underscores Ms. Murry’s unwavering commitment to seeking accountability for the harm inflicted upon her son and her family,” Moore said. “It is a crucial step in the ongoing effort to held responsible parties accountable for their actions.”
