SC family of teen killed by 13-year-old blames DSS and schools in lawsuit
The family of a South Carolina teen stabbed to death in February by a 13-year-old boy who allegedly boasted about going to jail claims in a wrongful death lawsuit the state’s social services department and Chester County School District knew about the boy’s history of violent tendencies and failed to warn others before the killing.
The lawyer for the accused 13-year-old, who faces a murder charge, has said in criminal court the boy may have acted in self-defense when the 16-year-old died Feb. 11.
The names of both the accused and the victim have not been released because of their ages and are not included in the lawsuit.
The lawsuit was filed in Chester County civil court by Columbia lawyer John Mobley and Fort Mill lawyers Christy Kellerhals and Daniel Evans. It alleges wrongful death and negligence against the S.C. Department of Social Services, the school district, and the grandfather and mother of the accused killer. The lawsuit asks for actual and punitive damages after the child had previous interactions with the schools and DSS.
The defendants failed to implement behavioral intervention plans and provide adequate mental health resources and counseling, according to the lawsuit and Mobley.
Mobley told The Herald in a phone interview that schools and DSS have a duty of care and legal obligation to report problems and act to protect both the child and others.
“He (the 13-year-old) had a history of violence and anti-social behavior, but everybody dropped the ball in this case,” Mobley said. “He was a ticking time bomb.”
Spokespersons for both DSS and Chester County schools declined to comment, saying they do not comment on pending legal action. The Herald is not naming the grandfather and mother to protect the identity of the 13-year-old.
The death Feb .11
The victim was riding in a car on the way to Chester from a basketball game in Fairfield County when the 13-year-old stabbed him in the neck. The accused is the brother of the victim’s girlfriend. Prosecutors have said the 13-year-old allegedly said to others he was “going to jail tonight” before the fatal stabbing, was playing with the knife, and bragged he was going to have the victim jumped.
Prosecutors have said in criminal court the 13-year-old had problems in school going back to age 6 and DSS was involved with the family before the killing. The boy took a knife and box cutter to school in elementary school, swung a bookbag at a teacher, tested positive for drugs, and had outbursts, prosecutors have said. He had not been in school in Chester County since class resumed after winter break, prosecutors said.
The lawyer for the boy in the criminal case has said in court the boy was diagnosed with bipolar disorder but had not received treatment or medication.
What happens next?
The criminal case against the 13-year-old and the civil lawsuit are separate.
The defendants in the civil lawsuit have several weeks to respond in court to the allegations made by the victim’s family. No hearings have yet been scheduled.
The 13-year old remains in a juvenile jail in Columbia.
In the criminal case, prosecutors want to have the 13-year-old face an adult trial where criminal penalties could be far more severe than juvenile court. A Family Court judge has ordered the 13-year-old to be evaluated by the S.C. Department of Juvenile Justice. After that, a Family Court Judge will hold hearings on whether the boy should face trial as a juvenile or as an adult.
