Attorney Jack Thompson, a long-time crusader against video-game violence, is bringing the suit. "What we're saying is that Devin Moore was, in effect, trained to do what he did. He was given a murder simulator," says Thompson.
"He bought it as a minor. He played it hundreds of hours, which is primarily a cop-killing game. It's our theory, which we think we can prove to a jury in Alabama, that, but for the video-game training, he would not have done what he did."
Moore’s victims were Ace Mealer, a 911 dispatcher; James Crump, a police officer; and Arnold Strickland, another officer who was on patrol in the early morning hours of June 7, 2003, when he brought in Moore on suspicion of stealing a car.
Moore had no criminal history, and was cooperative as Strickland booked him inside the Fayette police station. Then suddenly, inexplicably, Moore snapped.
According to Moore's own statement, he lunged at Officer Arnold Strickland, grabbing his .40-caliber Glock automatic and shot Strickland twice, once in the head. Officer James Crump heard the shots and came running. Moore met him in the hallway, and fired three shots into Crump, one of them in the head.
Moore kept walking down the hallway towards the door of the emergency dispatcher. There, he turned and fired five shots into Ace Mealer. Again, one of those shots was in the head. Along the way, Moore had grabbed a set of car keys. He went out the door to the parking lot, jumped into a police cruiser, and took off. It all took less than a minute, and three men were dead.
"The video game industry gave him a cranial menu that popped up in the blink of an eye, in that police station," says Thompson. "And that menu offered him the split-second decision to kill the officers, shoot them in the head, flee in a police car, just as the game itself trained them to do."
After his capture, Moore is reported to have told police, "Life is like a video game. Everybody’s got to die sometime." Moore is awaiting trial in criminal court. A suit filed by the families of two of his victims claims that Moore acted out a scenario found in Grand Theft Auto: The player is a street thug trying to take over the city. In one scenario, the player can enter a police precinct, steal a uniform, free a convict from jail, escape by shooting police, and flee in a squad car.
"I've now got the entire police force after me. So you have to eliminate all resistance," says Nicholas Hamner, a law student at the University of Alabama, who demonstrated Grand Theft Auto for 60 Minutes. Like millions of gamers, the overwhelming majority, he says he plays it simply for fun.
David Walsh, a child psychologist who’s co-authored a study connecting violent video games to physical aggression, says the link can be explained in part by pioneering brain research recently done at the National Institutes of Health -- which shows that the teenage brain is not fully developed.
Does repeated exposure to violent video games have more of an impact on a teenager than it does on an adult?
"It does. And that's largely because the teenage brain is different from the adult brain. The impulse control center of the brain, the part of the brain that enables us to think ahead, consider consequences, manage urges -- that's the part of the brain right behind our forehead called the prefrontal cortex," says Walsh. "That's under construction during the teenage years. In fact, the wiring of that is not completed until the early 20s."
Walsh says this diminished impulse control becomes heightened in a person who has additional risk factors for criminal behavior. Moore had a profoundly troubled upbringing, bouncing back and forth between a broken home and a handful of foster families.