Rappahannock News

Wrongful death settlement in 2015 Chester Gap killing

- By Patty haRdee Special to the Rappahanno­ck News

Attorneys for Tina Koster and David Michael Williams have informed Rappahanno­ck Circuit Court Judge Jeffery W. Parker that they have reached a settlement in the wrongful death suit brought by Koster following the 2016 death of her daughter, Brittney Koster.

The settlement closes a sad chapter in a tragic story in which the lives of two families were irreparabl­y changed in the split second it takes to fire a handgun.

On Dec. 15, 2015, Brittney

was accidently slain by Williams as the couple played around in the basement of his parents’ house.

Williams, unfamiliar with firearms, thought he had cleared the chamber before pointing the gun at Brittney as a joke.

On Jan. 24, 2017, Williams, 24 at the time and a resident of Chester Gap, was formally sentenced in Rappahanno­ck County Circuit Court for involuntar­y manslaught­er in Brittney’s death, as well as for reckless handling of a firearm.

He is currently serving out a seven year sentence at Coffeewood Correction­al Center in Culpeper County.

After the criminal proceeding in Rappahanno­ck County, Brittney’s mother, Tina, sued Williams in Warren County Circuit Court, charging wrongful death. A wrongful death suit is a civil proceeding usually brought by the victim’s surviving family members seeking compensati­on for such things as lost wages, lost companions­hip, or funeral expenses.

Koster’s suit sought $4 million in compensato­ry damages and $500,000 in punitive damages. The suit also asked for a jury trial. Brittney was 25 when she died.

Since the time the suit was filed, it was moved to Rappahanno­ck County Circuit and the request for a jury trial was dropped as the parties settled.

On Nov. 11, 2018, Tina Koster petitioned the court to approve the settlement agreement.

“In considerat­ion of the perceived merits of the case, the financial standing of the parties, the limitation­s of the various insurance available, the pending insurance coverage declarator­y judgement action, the costs and uncertaint­ies of litigation, and the inherent delay attendant to the litigation process, the parties have agreed to settle all claims,” reads the filing.

“Specifical­ly, the parties have agreed that, upon approval by the Court and in exchange for the full and unlimited claims against him, David Michael Williams, through his respective liability insurer, will pay or cause to be paid the aggregate sum of $60,000.”

The settlement agreement named several of Brittney’s beneficiar­ies, including a 12-year-old brother. Judge Parker insisted the brother be represente­d by a guardian ad litem, a person appointed by the court to represent the best interests of a minor.

Williams, unfamiliar with firearms, thought he had cleared the chamber before pointing the gun at Brittney as a joke.

 ??  ?? The settlement agreement named several of Brittney Koster’s beneficiar­ies, including a 12-year-old brother.
The settlement agreement named several of Brittney Koster’s beneficiar­ies, including a 12-year-old brother.

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