It appears a wrongful death lawsuit against the Missouri Department of Social Services and the foster parents of eight-year-old Braxton Wooden will be heard in federal court.
The lawsuit was originally filed Aug. 26 in Jasper County Circuit Court by Brandie McLean's Braxton's mother. Braxton was in the care of Mark and Treva Gordon, Alba, when he was shot to death by their 15-year-old son, Ethan Gordon, on June 2. Ethan Gordon is also a defendant in the lawsuit, as are Social Services caseworkers John McGinnis and Mickey Morgan. A notice or removal to federal court was filed last week.
According to the petition, "Ethan Gordon knew or should have known that the gun was loaded with ammunition."
Mark and Treva Gordon owned the 38 caliber Smith and Wesson gun that killed Braxton Wooden, as well as other weapons and ammunition, the petition said. "Weapons, specifically firearms, were accessible to the children in the foster home in violation of state foster care regulations and Missouri Department of Social Services Children's Division policy."
The petition continues, "Mark and Treva Gordon knew or should have known the location in which they kept the gun was accessible to the minor child," and that Ethan Gordon "was not mature enough to exercise the proper degree of care in the use and control of the gun."
Ms. Morgan and her McGinnis, who was her manager and supervisor, were also responsible for Braxton Wooden's death, the lawsuit said, because they failed to determine "that Mark and Treva Gordon were unfit persons to act as foster parents."
The caseworkers also failed to "monitor" and to provide "adequate supervision and caseworker services to Braxton Deshawn Wooden," the petition said.
It also said the caseworkers failed to investigate whether hazardous items were accessible to children. The petition says, "Braxton Deshawn Wooden was subject to physical and emotional deprivation" and he suffered "severe and violent injuries," and was "subject to extreme emotional and psychological distress in that he suffered and endured an unstable family environment, humiliation, mental anguish and fear."
The state workers were "negligent, careless, grossly negligent, imprudent and reckless and totally without thought as to the safety and welfare of others and with complete indifference to or conscious disregard for the safety of others," the petition said.
Ms. McLean, who is represented by Joplin attorney Juddson McPherson, is asking for money to cover funeral and burial expenses, the pain and suffering of Braxton Wooden prior to his death, the "past and future loss of services, consortium, companionship, comfort, instruction, guidance, counsel, training and support," as well as punitive damages and attorney fees, according to the petition.
3 comments:
It is a sad day when a child that was worth nothing to this woman in life has so much worth now. Not that the foster parents are not to blame or anything but the person who should have kept herself together to care for her children in the first place may benefit financially just seems wrong. I have no tolerance for people like her, she is a bad mother and now she wants money to make it all better. Good grief!
Anonymous, your comment is very cold-hearted. Who are you to declare that this child had no worth in living to his biological mother because she was poor, possible addicted to bad habits, and has paid 'enormously' for those mistakes. Braxton had worth to many other family members; I've read their comments too many times, and it is a whole family hurting. She is fighting for her 'life' now and should be entitled to that in America. What makes you so perfect? I'm sorry, there is injustice and cover-ups here from the time they took her kids away when she had a mother that was willing to care for them, but there is money for the State in taking the kids and adopting them out. To criminally charge no adult for his death, and to have her facing a felony charge for child neglect is a travesty. Any parents who have guns in any home and have not taught their children gun safety and proper handling are guilty of serious child neglect already. The foster parents should be charged as well as the State employees who failed miserably in the supervision of his foster care. Brandi made mistakes, and might not have been a good parent by your standards, or mine, but is NOT responsible for Braxton's death. All Americans deserve better treatment than she has gotten. No American should be so good as to judge as you have judged, before her trials. As far as I'm concerned, your sin is as great as hers, and pride goeth before a fall according to scripture. Sorry.
Yes, my comments are cold hearted, I guess that comes with being a foster parent for a long time.
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