APTOS, Calif. (KION) The sister of the student who was stabbed and killed at Aptos High School last August has filed a claim against the Pajaro Valley Unified School District (PVUSD), alleging the district is "liable for maintaining a dangerous condition on campus" and allegedly failed to report another violent incident involving the suspect to law enforcement.
The parents of the victim filed a separate claim against PVUSD last December.
In the sister's claim, filed Tuesday, Alexa Sarabia Aguilar goes into detail on what she says she experienced the day her brother died.
According to the claim, Sarabia Aguilar says that a 14-year-old student allegedly pulled a knife on another student in mid-August. Sarabia Aguilar claims that although the student was a known gang affiliate and had been on probation, he was suspended and was allowed to return to campus without notifying law enforcement.
Less than a month later, that same student was allegedly arrested for stabbing and killing her brother.
In the claim, Sarabia Aguilar says that on August 31, 2021, she arrived at Aptos High just after 2:20 p.m. to pick up her 17-year-old brother, G.S. from school. G.S. texted his sister that he would be waiting for her near the parking area by the pool.
Sarabia Aguilar says she arrived just minutes after the student who she says killed her brother and another 17-year-old student attacked and stabbed her brother behind the old gymnasium.
At approximately 2:28 p.m., Sarabia Aguilar says she saw her brother "staggering toward her from the pool area."
"He was pale and appeared to be in a cold sweat," alleges the claim. "She got out of the car and ran to her brother, who collapsed in front of her."
Sarabia Aguilar says she called 911 and began looking for help. She says there was no school staff in the area, so she asked a nearby parent to find help.
Sarabia Aguilar inspected her brother and realized he had been stabbed in the abdomen and had cuts to his head.
"The injuries were so severe that Alexa could see tissue protruding from G.S.’s open wounds," says the claim.
Five to six minutes later, two school security members arrived. Shortly after, the school nurse arrived, but Sarabia Aguilar says the nurse did not offer any assistance to her brother as Sarabia Aguilar applied pressure to her brother's wounds.
"Alexa then asked the nurse to take over for her and to speak with 911. The nurse took the phone and instructed Alexa to lay her brother flat. That was the extent of the medical care offered or provided by the nurse," the claim alleges.
Police officers then began to arrive and administer medical help.
"Emergency responders cut open her brother’s shirt and Alexa then observed bruises and red marks on his torso, neck and face."
Fifteen to 20 minutes after Sarabia Aguilar found her brother, he was taken to the baseball field and airlifted to Natividad Medical Center in Salinas where he died later that night.
The claim says the 17-year-old suspect was charged with two assault-related crimes and gang enhancements, while the other suspect was charged with murder and gang enhancements.
The claim alleges that at the time of the attack, PVUSD personnel were aware of an increase in violence on campus, and had a duty to protect students.
The claim also alleges that PVUSD is liable for maintaining a dangerous condition on campus, by failing to supervise students during school hours, and were under a "mandatory duty to report [the suspect] to law enforcement" after the first attack.
PVUSD released a statement to KION, saying:
"PVUSD was served with a second claim related to the tragic incident that occurred at Aptos High School several months ago. The claim will be reviewed by the School Board at an upcoming meeting and action on the claim will likely be taken at that time. Given that this matter now involves pending litigation, the District cannot comment further on this case but we at PVUSD share in their grief and sadness of this loss."Pajaro Valley Unified School District
The sister is seeking unlimited damages for her emotional distress — including anguish, anxiety, grief, horror and suffering. The PVUSD School Board is set to discuss the parent's first claim in closed session at Wednesday night's meeting.
According to California law, a claim must be filed against the school district before any lawsuits can be filed. If the district dismisses the claim, it would clear the way for the family's attorney to file a lawsuit.