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Aptos High parents file civil lawsuit against PVUSD after stabbing incident killed their son

APTOS, Calif. (KION-TV)-- UPDATE JULY 8, 2022, at 10:53 a.m.-- Almost a year after a stabbing at Aptos High School took the life of a 17-year-old student, the parents have filed a civil lawsuit against several parties they claim were involved.

Piccuta Law Group, LLP has taken the case and will represent Juan Sarabia and Vernice Aguilar as they take their case against Pajaro Valley Unified School District, Michelle Rodriguez, Peggy Pughe, Katie Kriscunas, Jonathan Flores, Fonsella Guzman, George Vasquez, and Does 1-10 inclusive.

The lawsuit claims that the parties involved were negligent in the death of their son Gerardo Sarabia; they were in breach of mandatory reporting duties in their son's survival, wrongful death ,and negligent infliction of emotional distress to their daughter Alexa Sarabia Aguilar.

The civil lawsuit was filed Thursday, and a case management conference is scheduled for November 7. The case will be heard in Santa Cruz County, and all parties involved will present their case in November.

Aptos High Parents file claims against PVUSD after stabbing incident killed their son

The parents of the Aptos High student that was killed in a stabbing in August are claiming damages against Pajaro Valley School District.

READ MORE: Student stabbed at Aptos High School dies as a result of his injuries

On Aug. 13, a 17-year-old was allegedly stabbed and killed by a 14-year-old and 17-year-old who are referred to as K.O. and I.R. respectively. The claim goes into further detail on the day of the attack saying K.O. and I.R. confronted G.S. behind the old gym and attacked him with a knife. The claim says G.S. was found about 8 minutes later near the swimming pool and was airlifted to Natividad Medical Center where he died later that night.

Juan Sarabia and Vernice Aguilar filed a claim against the school district for the wrongful death of their son, G.S. According to the claim, they filed for the following damages:

  1. the value of financial support that G.S. would have contributed to the family during the life expectancy that G.S. had prior to his death;
  2. the loss of benefits or gifts that Juan Sarabia and Verenice Aguilar could have expected to
    receive from G.S.;
  3. funeral and burial expenses;
  4. the reasonable value of household services that G.S. would have provided; and
  5. the loss of G.S.’s love, companionship, comfort, care, assistance, protection, affection,
    society and moral support.

They're also seeking the district cover the cost of G.S. medical care, pain, suffering, disfigurement and punitive damages he suffered before his death.

READ MORE: Vigil held for Aptos High School student killed in stabbing

The claim said that weeks after the first day of school, Aptos High saw an "increase in violence and fights with no School Resource Officer on campus." The district had voted to end its SRO program in July 2020, which had law enforcement officers on PVUSD campuses.

READ MORE: Special (PVUSD) Board Meeting to discuss School Resource Officers after Aptos High School Stabbing

Following the incident, the district voted to run a pilot program that would bring back SROs and also hire mental health clinicians in Watsonville High and Aptos High.

READ MORE: Aptos High School Community Forum on security and student stabbing

According to the claim, K.O. and I.R. were known to be affiliated with gangs and K.O. was on probation for a violent crime when the fight happened. The claim also said that K.O. had pulled a knife on another student and the incident was not reported to law enforcement or child protective services, instead, K.O. was suspended for two days and returned to campus afterward.

READ MORE: Students return to Aptos High School after deadly stabbing on campus

The parents claim PVUSD personnel, including Aptos High, were aware of the recent increase in violence.

"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," the claims said. "PVUSD and District personnel failed to provide Aptos High staff with proper training and guidance on the supervision of students. These failures were substantial factors in causing the death of G.S."

READ MORE: PVUSD hosting its second safety meeting in the wake of deadly stabbing at Aptos High

The district said the School Board will review the claim in an upcoming meeting and any action on the claim will be taken at that time.   

"We remain heartbroken by the tragic death of our Aptos High School student, and our prayers remain with his family," PVUSD said in a statement to KION. "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."

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Melody Waintal

Melody Waintal is the Digital Content Director for Telemund23.com and KION546.com

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