An Indianola mother whose call to police for help in a domestic disturbance left her 11-year-old shot in the chest by one of the officers could lose custody of her son along with his younger sister and cousin. 

The children’s presence and Aderrien Murry’s injury on the early morning of May 20, 2023, serve as the basis for neglect allegations and potential action by the Sunflower County Youth Court, according to Carlos Moore, the family’s attorney. 

“If it was really about the best interest of the children, I think this would have been set much sooner, not 11 months later,” he said Friday.

The action comes after Nakala Murry, Aderrien’s mother, pushed forward with a criminal affidavit against Sgt. Greg Capers for misdemeanor simple assault after a grand jury in December declined to indict him. 

Moore will represent Aderrien and his mother in an April 17 youth court adjudication hearing to determine whether the children have been neglected and need to be placed in the custody and care of someone else. 

A petition alleging neglect was filed in August, several months after Aderrien called for help and officers from the Indianola Police Department responded. Standing in the doorway, Capers shot the boy as he rounded the corner. Capers has previously said in court records that the shooting was an accident and he expected to encounter Nakala Murry’s partner who came to the house. 

Aderrien suffered a collapsed lung, fractured ribs and a lacerated liver, and he was taken nearly two hours away to a Jackson hospital where he was treated with a chest tube and placed on oxygen. 

The petition states that Aderrien “got hurt because of the domestic violence between the mother, Nakala Murry, and her boyfriend,” who is the father of Nakala’s daughter, according to court records shared with Mississippi Today. Additionally, the petition states domestic violence has occurred between them for years and the partner was known to assault Nakala Murry in front of the children. 

“The reporter wanted someone to check on the children because something worse can happen next time,” the petition states. 

In over 20 years of practicing law, Moore said he has never encountered a situation, such as the one Murry is in, where someone is facing potential loss of custody of their children because they have been a victim of domestic violence. 

He also believes the youth court proceedings are retribution for an ongoing federal lawsuit Nakala Murry filed against Capers, Police Chief Ronald Sampson and the city of Indianola. 

Under state law, the identity of those who report child abuse and neglect are confidential.  

Nakala Murry has been distraught about the neglect allegations and upcoming youth court hearing, but Moore is reminding her that going through this is better than if her son had died last year. 

“She is an awesome mom and shouldn’t have to endure something like this because her son was shot by a police officer,” Moore said. 

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