APTOS — The parents of a 17-year-old Aptos High School student fatally stabbed on campus in August filed a wrongful death civil claim Tuesday against the Pajaro Valley Unified School District.
In their claim, Juan Sarabia and Verenice Aguilar of Watsonville cite school district leaders’ July 2020 decision to end a school resource officer program as a factor in the teenager’s death.
The school district’s decision to cancel its long-standing resource officer program came during the height of the coronavirus pandemic and distance learning. Students were returning to campuses districtwide in mid-August, even as student-on-student violence erupted on campus in the weeks before the teenager’s death, according to the claim and law enforcement comments at the time. The claim also cites concerns that members of Aptos High school personnel were improperly trained as supervisors.
The student, identified by family only as “Gerardo,” is named in the claim as “G.S.”
“At the time of the attack on G.S., PVUSD personnel, including at Aptos High, were aware of the recent increase in violence. PVUSD and District personnel had a duty to supervise Aptos High students, including G.S., “to regulate their conduct and for their protection,” a copy of the wrongful death claim provided to the Sentinel states. “PVUSD and District personnel breached their duty to supervise in that they provided ineffective and/or a total lack of supervision of students while on Aptos High campus during school hours.”
“We remain heartbroken but the tragic death of our Aptos High School student and our prayers remain with his family. The entire PVUSD community shares in their grief and sadness,” PVUSD Superintendent Michelle Rodrigues said.
One of the violent incidents prior to Gerardo’s death involved a 14-year-old student and known gang affiliate, on probation at the time, who allegedly pulled a knife on a different student, according to the claim. The alleged incident, according to the claim, was not reported to law enforcement or child protective services and resulted in the 14 year old, identified in the claim as “K.O.,” being punished with a two-day suspension.
The 14 year old and another 17 year old, identified in the claim as “I.R.,” allegedly violently attacked Gerardo, with K.O. stabbing him with a knife, attorneys wrote. The teen victim was found shortly before 2:30 p.m., Aug. 31, near the school’s swimming pool. He died that night after being airlifted for treatment to Natividad Medical Center, according to the claim.
School district personnel should have foreseen the potential harm to students and Gerardo, “given the history of violence in the District, including at Aptos High,” according to the claim. Personnel failed to approach and investigate the two teenagers, later arrested on suspicion of their involvement in the homicide, “as they lingered suspiciously on campus waiting to attack.”
A Santa Cruz County Sheriff’s Office deputy, serving as a school resource officer, returned to the Aptos High School campus in October after community outcry in the wake of Gerardo’s death.
The claim, which would need to be denied by the school district’s Board of Trustees prior to moving on to formal legal proceedings, seeks damages related to financial support that the family’s son, identified as “G.S.” in the claim, would have contributed to the family during his lifetime, funeral and burial expenses, “the loss of G.S.’s love, companionship, comfort, care, assistance, protection, affection, society and moral support” and more.
The claim will be examined at an upcoming PUVSD Board of Trustees meeting, according Rodriguez. She did not specify when that meeting would be, but noted action will likely be taken the night of the discussion.
“Given that this matter now involves pending litigation, the District cannot comment further on this case, other than to reiterate our sympathies and sincere condolences to the family involved,” she added.
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