Representatives for a soldier fatally shot by a gas station clerk in Tacoma’s Hilltop neighborhood have settled for at least $618,000 a wrongful death lawsuit that alleged his death could have been prevented had police responded earlier.
Job Irving had been celebrating his 30th birthday in August 2021 when he was shot near gas pumps by 31-year-old Kyle Braidwood following an earlier altercation between the two. Braidwood wasn’t charged with a crime because prosecutors said they couldn’t prove beyond a reasonable doubt that he wasn’t acting in self-defense.
Irving’s estate and spouse took legal action in August 2023 and ultimately reached settlements with all five defendants between November and June, according to court records and attorneys. The case was officially resolved Monday.
“I don’t believe that we reached a resolution that fixes the problem and that concerns me,” attorney Joan Mell, who represented the plaintiffs, said in an interview.
The shooting occurred more than an hour after Irving and Braidwood first made contact. Dressed like a “dad” for his themed birthday celebration with a group of friends, Irving had swiftly walked toward Braidwood, who was on a break outside, with a retractable tape measure extended, surveillance footage showed. The lawsuit claimed Braidwood misread and overreacted to Irving’s playful intention — to pretend to measure Braidwood — and flipped Irving to the ground, resulting in Irving sustaining a bleeding lump to his head.
Irving’s friend separated the two, and Irving and the other birthday revelers left the scene. Irving soon returned to the store. As Braidwood had done, Irving called the police to report the incident. Irving waited by the front doors for authorities to arrive. Braidwood, who called twice, was on the phone with a South Sound 911 telecommunicator for 30 minutes, according to a recording of the call.
Nearly an hour after Irving returned to the gas station, with police yet to show up, Braidwood physically removed Irving from the store minutes before midnight closing time. The two struggled outside before Braidwood fired at Irving’s torso and upper body from close range with a 9 mm handgun.
Irving suffered 17 gunshot wounds, including 10 to his torso, according to a postmortem examination report provided to The News Tribune by Mell’s law firm.
South Sound 911, a police and fire dispatch agency used by departments in Pierce County, was accused of failing to provide key and updated information to law enforcement about what was occurring prior to the shooting. The agency, which denied the complaint’s allegations in a response filed in court, paid $600,000 to settle the lawsuit, according to Mell and the agency.
“South Sound 911 resolved matters with Job Irving’s estate to avoid prolonged litigation. The settlement does not imply or admit liability,” attorney Shannon Ragonesi, who represented the agency, said in a statement. “South Sound 911 extends their condolences to Mr. Irving’s family and friends.”
Mell claimed the 911 system was not functioning as the public should expect it to when someone calls for help. South Sound 911 works in coordination with police. Agency telecommunicators answer 911 calls and relay information to law enforcement dispatchers.
“We have been trained to dial 911 because help is on its way,” she said. “Calling 911 doesn’t mean that help is on its way.”
Kris McNamar, a South Sound 911 spokesperson, previously told The News Tribune that the agency remained “committed to the safety of our community, and we endeavor to ensure the prompt delivery of emergency services.”
The city of Tacoma/Tacoma Police Department was named as a defendant because TPD didn’t arrive at the gas station until a nearby officer heard the gunshots. Mell said the city paid $18,000 to resolve the litigation. City spokesperson Maria Lee confirmed that a settlement had been executed.
“We would not comment on the specific facts of the case and generally cannot discuss the reasons for settlement of that lawsuit,” Lee said in a statement.
Meanwhile, terms for settlements reached with Braidwood, his employer and the store’s owner were confidential.
Attorney Robert Novasky, who represented Braidwood, said his client didn’t orchestrate the events from that night.
“Kyle certainly didn’t intend for this to happen and feels badly about the fact that it happened,” Novasky said in an interview.
Attorney Dylan Jackson, who represented Braidwood’s employer A Silver, Inc. and the store’s owner, Jung Je “Eric” Kim, told The News Tribune that the terms of the settlement prevented him from substantively discussing the case, “but we hope the settlement of this matter provides solace and closure for all involved.”
Irving joined the military in 2020 and had been a practical nursing specialist stationed at Joint Base-Lewis McChord, working at Madigan Army Medical Center, according to the personal representative of his estate. He was an adventurer who was fond of comic books and learning about other cultures, and routinely talked to strangers and tried to make them laugh, his spouse and estate representative said.
Amanda Smith is a dedicated U.S. correspondent with a passion for uncovering the stories that shape the nation. With a background in political science, she provides in-depth analysis and insightful commentary on domestic affairs, ensuring readers are well-informed about the latest developments across the United States.
