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The mother of a man killed by Prince George’s County police in Virginia cannot recover any money in her Maryland survival action against the county, a federal judge has decided.

In a published opinion, U.S. District Judge Alexander Williams Jr. wrote that Mabel S. Jones, as personal representative of her son’s estate, cannot pursue a survival action in Maryland because the son’s father and the son’s fiancée, on behalf of their daughter, have already recovered under Virginia’s wrongful death statute.

“If this incident had taken place in Maryland, then Maryland law would apply, and Plaintiff would be afforded two recoveries,” Williams wrote. “However, as this case is governed by Virginia law, and, as Defendants argue, since there has been a recovery, Plaintiff is barred from any recovery as there can be only one recovery for damages under the law of Virginia for the same injury.”

Mabel Jones has already filed a notice of appeal with the 4th U.S. Circuit Court of Appeals.

“It was our hope that this was the end of this lengthy road, but unfortunately, that is not the case,” said Jay Creech, who represents the county. “Dr. [Mabel] Jones has pushed the federal suit along even though the sole beneficiary has recovered.”

Prince Carmen Jones Jr. was fatally shot by police in 2000 after two undercover Prince George’s County officers followed his car from Washington, D.C. to Prince George’s County, back to Washington and into Virginia, mistakenly believing him to be a suspect who had stolen a police officer’s weapon. Jones apparently realized he was being followed and started striking Cpl. Carlton Jones’ SUV with his car in an effort to get away. Carlton Jones shot Prince Carmen Jones 16 times.