Las Vegas Shooting Survivors Ask For Broader Definition Of Victim

LAS VEGAS, NV - Survivors of the Oct. 1 shooting at the Route 91 Harvest Festival on the Las Vegas Strip pleaded emphatically for the 16-member committee that oversees the Las Vegas Victims’ Fund to expand the definition of “victim” as defined by the committee’s draft protocol.

Two town halls were held at the Clark County Government Center in downtown Las Vegas Tuesday to discuss funds available to victims of the tragedy.

During the 6 p.m. town hall, several survivors shared their experiences of the shooting and asked that the draft protocol — a rough draft of sorts that outlines how money will be disbursed to victims of the shooting — be revised to include as eligible recipients of the funds those coping with non-physical injuries.

“We have an amount of money that’s been contributed as a gift, and what we’re hoping to do is distribute that in a fair and equitable manner to the people that have been most affected,” said Scott Nielson, who heads the committee for the Las Vegas Victims' Fund.

The draft protocol, released by Nielson and the committee in November, states that not all those affected by the tragedy will receive a portion of the estimated $16 million in donated funds. A portion of the draft protocol states:

“These funds are to be distributed to those who have been the most severely impacted by loss of life or physical injury. It is not possible to include all of the individuals impacted by 1 October and the criteria set by the LVVF in this protocol is by no means intended to devalue or minimize the trauma that has been experienced by a great many. While the LVVF cannot financially assist all of those impacted by 1 October, information concerning treatment for emotional distress (and other forms of assistance and resources), can be found on the Lasvegasvictimsfund.org website or on the websites of other qualified organizations to be identified in the Final Protocol. One hundred percent of the donations to the Fund will be used to assist the families of the decedents and the victims who were physically injured and admitted to a hospital as a result of 1 October.”

Several survivors explained the non-physical impact of the Oct. 1 shooting on their lives. Some testified that while they may not have been hospitalized, anxiety, post-traumatic stress, injuries that required no medical attention and loss of work are all factors that have caused suffering in the aftermath of the shooting.

One survivor who spoke on behalf of her friends, a married couple who survived and are now dealing with post-traumatic stress, asked if there was “something we can do for these people who are suffering severely from PTSD who had to witness these things?”

“Although their injures may not be physical and something that you can see, it’s definitely there and it’s real. Please try to keep these people in mind as you’re making your decisions,” she said to the committee.

A bartender who survived the massacre provided an emotional testimony in which she said, “I feel like more of a victim for being told I don’t fit into the protocol.”

A woman who survived the shooting asked the committee to invest the extra time required to prove the validity of PTSD claims.

“Most of my bar staff, most of the workers that work these events are people that are looking to supplement their income because they’re single parents. They’re people that don’t have any other way, and most people don’t have health insurance. These people that don’t have health insurance and the people that struggle, it’s not fair to say they aren’t victims,” she said.

The issue stems from the money that is — or in this case is not — available in the fund. The $16 million collected through various donation streams for the families of the 58 people who died and the more than 500 who were injured is small compared to other mass shooting responses. That isn't even considering most of the 22,000 total concertgoers who weren't physically harmed. In order to match the payouts received by victims of the 2016 Pulse shooting in Orlando, the Las Vegas Victims’ Fund would need more than half a billion dollars.

Anita Busch, a victim representative on the board of the National Compassion Fund, highlighted this shortfall. Busch lost a cousin in the 2012 shooting at a movie theater in Aurora, CO. She flew into Las Vegas Tuesday to speak at the town hall and blasted wealthy Las Vegans — namely casino magnates Sheldon Adelson, Steve Wynn, Bobby Baldwin and Steve Murren — for the lack of funds available.

She asked that the committee "appeal to the billionaires and the gaming industry to ante up," saying that the industry was built by tourists like the concertgoers who were tragically turned into victims on Oct. 1.

“This is a defining moment in the history of Las Vegas and Nevada,” Busch said. “There is a choice to be made. The gaming industry has seen consistent year to year growth. In 2015 it broke the $70 billion barrier and has been climbing. According to the Nevada Gaming Control Board, Clark County accounted for $22.5 billion in revenue alone.”

She went on to say, “We’ve been told that there’s not enough collected in the fund to take care of everyone who was shot. There is not enough to take care of those who survived and need help...How can a multi-billion dollar a year industry, and billionaires in this town, say to broken and suffering people, ‘Sorry there just isn't enough money to help you?’”

Adelson, owner of the Las Vegas Sands Corporation, whose net worth exceeds $37 billion, donated $4 million to victims of the shooting. He contributed $93 million to Republican efforts in the 2012 election cycle. MGM Resorts, which owns the Mandalay Bay, donated $3 million to the GoFundMe page created for the victims.

A number of Hispanic workers who worked during the event and feel victimized by the shooting also spoke. Through translators, several testified that they feel they’re being “ignored” and overlooked. One woman, who said she helped people out of the venue and hid concertgoers in a materials closet, said that the company she worked for has cut jobs since the shooting, leaving her and many others out of work.

Another said an estimated 60-70 Hispanic workers have been left without help since Oct. 1.

Making a claim

The National Center for Victims of Crime will be processing applications on behalf of the Las Vegas Victims' Fund. The organization's director, Jeff Dion, was on hand to explain the application process.

"Anyone who is impacted by this event — whether you were a paying guest who was attending the concert, whether you were a vendor who was working there, whether you were bartender or first responder — there's no distinction based on who you are whether or not you can get benefits from this fund. It does not matter whether or not you are a us citizen. It doesn't matter what your immigration status is. We don't care about any of those things. We're looking along the guidelines of who has been impacted that we can provide assistance to," Dion said of the money available.

Those who apply will be vetted through the FBI as well as the Treasury Department's Office of Foreign Assets Control to ensure claims are genuine. The highest payouts will be given to families of the deceased and those who suffered brain damage or paralyzing injuries in the shooting.

For injury claims, applicants may be asked to authorize their medical provider to release information that proves injury as a result of the Oct. 1 shooting. Other information, such as total time of hospitalization, may be requested as well.

For a death claim, the first priority is ensure that the appropriate person is handling the claim and representing the deceased. If there is a conflict over whom that should be, the probate court in the victim's respective state will determine the representative. In the event that someone died without a will, the state's intestate laws will be referred to.

Representatives may be asked to provide documentation that proves their relationship to the deceased, such as a birth certificate or proof of marriage. Representatives will also be asked to submit a plan for how the funds will be distributed.

Images via Lucas Thomas/Las Vegas Patch