Lawyers in a wrongful death lawsuit will not be given an opportunity to question a teenage killer.
According to an opinion issued today by Judge Gary A. Fenner in U. S. District Court for the Western District of Missouri, lawyers for Brandie McLean will not be allowed to depose Ethan Gordon, the Alba teenager who murdered her eight-year-old son Braxton Wooden June 2, 2005. Gordon is serving time in a juvenile facility, according to court records.
Christian Faiella, the lawyer for Braxton Wooden's mother, Brandie McLean, had hoped to question Gordon Feb. 24 at the law offices of Karl Blanchard in Joplin.
Ms. McLean filed a wrongful death lawsuit against Gordon, his parents, Mark and Treva Gordon, Alba, who were Braxton Wooden's foster parents, and Social Services caseworkers Ethan McGinnis and Mickey Morgan.
According to the motion, which was filed last month, the deposition was needed because "Mr. Gordon is a material witness in this action by virtue of his knowledge of the facts relating to the death of Braxton Deshawn Wooden and his knowledge of the circumstances surrounding (Braxton's) life and condition while he was in the Gordon home before and leading up to the time of (Braxton's) death.
The following information was included in Ms. McLean's lawsuit as her reasons for filing it:
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 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 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.
9 comments:
At the time of Braxton Wooden's death, he was not placed in the Gordon's home under state foster care. He was in the home after the state had awarded custody of Braxton and 2 other sibling to the maternal grandmother who returned him to the Gordons voluntarily based on the fact that she could not handle the responsiblity and felt at that time that they were the most capable persons to care for him at that time. The Gordon's voluntarily took Braxton and his siblings back into their home. Braxton in my opinion was not murdered, he was involved in a preventable accident where two boys were both doing things they should not have been doing and both knew better. It was an accident that will effect the Gordon family for the rest of their lives. The Gordon's son will have to live with the fact that he accidently shot and killed someone he loved like a brother. Please keep in mind that this type of accident can happen to anyone, particularly the vice president of the United States. Perhaps more sympathy could be felt for the mother if instead of trying to gain money out of this horrible situation she used Braxton's death to teach the importance of gun safety to all people, not just foster parents. This situation could happen in any household and has happened numerous times in this area without so much media coverage. We should mourn the death of any child and learn from these mistakes not try to make money from them. Maybe Ms. Mclean should learn to only have children if she is emotionally ready to care for all of her children. To sum this up the person responsible for this accident is already serving his time and has been taken away from everything and everyone he has ever known. He will serve a sentance that is longer than an adult who commits the same crime. Justice has been served and the issue needs to be dropped and the healing process needs to start for both families.
Accident my *&#@. IF it were an accident then why had the Gordon boy told other foster kids he would kill them and say they killed themselves. You are in denial. That young man needs help. He is very disturbed, and a MURDERER!!!!!!
it is unfair that people continually blame Brandie for Braxton's death. sure, maybe she wasnt the best mother, but the point of foster care is to place the child in a SAFER home. if Brandie was such a bad mother, then Braxton would have been MURDERED while in her custody, not the custody of the state. And if this was an accident (which it wasnt) then why did the gordon family agree to settle? Regardless of how much money Brandie or anyone else gets, it will NEVER EVER be enought to bring Braxton back...thats what people who are so judgemental and quick to blame Brandie need to think abuot. If it was the other way around and Braxton being black had killed EG, it would be completely different. Have a little sympathy and think before u are so quick to judge someone, especially a mother who lost a child.
i know Brandie personally. 1 thing is she lies a lot, though she has nothing to do with the death. 1 thing most people don't know is she had another child "Brandon" who alledgelly die of SIDS. I know Braxton Sr. personally. He is what i would call a neighborhood pimp. Brandie's mother Linda despise of Braxton Sr.. I dated Brandie from 95-96. I kept in contact and she came to stay with me in '99 ( in Fort Worth, TX )after Braxton Sr. had attacked her. She drove her 4-door Saturn, she had a Black eye. Lil' Braxton was ( i'm smiling now ) was with her. she would give him something to drink all night. I worked 3rd shift. when i come home in the morning to go to sleep in my
king size bed it would be wet because Braxton would pee in it during his sleep. i would be soo mad. we did not have a lot of sex. maybe 2 times out of those 2 weeks (note: she was thick and heavy and solid). she left and said she was coming back in a week. she never came back. she said she wrecked her
Saturn in a ditch.
i met with her in 2004. i was driving truck. i called her mother in Riverton, KS ( her mother adores me ) she told me she will have Brandie meet me in Joplin, MO. And she did. when i saw Brandie, she was very skinny wearing that weave (because Brandie believes she is Black). Her hair line had went back to the middle of her head from
all that pulling back to install weaves. She told me she has 5 kids. told me how good Braxton is doing and how smart he is. Braxton Sr. had went to prison for whooping
on her. It did not cross my mind until later that she is drugged out
or severely depressed which comes along with doing drugs. she told me about her twins and stated that is why she is skinny. Brandie was very fun to be with. she had a lot of soul and character. i used to buy her cigarettes cause i don't smoke. i can say i love her though her lifestyle became extremely different from what i stand for.
she ran my phone bill up to $100. though any 1 who knows Brandie know she is good for that. (ask her mother) she called all over where i did not know she knew people in those places.
Brandie is such a character, to where in 2006 i Googled her name (because i felt i would find an article on her). instead i found one on Braxton. Of course i could not believe the kid that peed in my bed had past away. i felt i had something to do with it because i should of been more of a friend to her and maybe she would not have taking that path in life. i am very honored to have Known Braxton.
Braxton was my best friend from the time we were new borns. Yes, Brandie did lie a lot, but she still had her moments. And Bradon did die of SIDS! Salter, your a jerk in my opinion, I can't believe you would be so cruel. If anyone knows Brandie, its me!
Yes I agree with Braxtons Best Friend! What a jerk! And who cares if she's a liar or the Pope?! Fact is she's a mother PERIOD and mourning the death of another one of her children! I knew Brandie Very personally.... She was My best friend and I love her kids like I love my own. How dare some.... Person ..... Leave a comment like that! You made yourself sound like an idiot, like a real loser..... Scum. Keep 'all that' to urself.
AND SHAME ON U FOR WHAT U SAID ABOUT BRANDON! I wish I could delete the nonsense u posted. Anyway! I love Brandie and all her beautiful babies, miss my best friend and share her pain. My son was 17 when he died. And for your information lady.... Using Braxton's death for financial gain is The Last thing Brandie would do! I hope shes finding some way to get thru this bc she nearly lost her mind when Brandon passed, now Braxton too. And in such a horrible way or should I say ways. My heart breaks every time I think about.... everything, can't even say it it hurts so bad. Brandie if u ever read this I want u to kno that I love you and those babies of urs Sooo much! U kno how much I love you guys! I often think of u and wonder if ur okay! And I cherish all the memories! I cherish u! I love remembering! I break down and cry so hard but smile and giggle thru the tears! U are my very best friend, Always will be! My heart also goes out to Braxton's sister and all those who had the awesome privilege of knowing him, loving him. Such a sweet lil boy.
I was in the home. We were basically tortured everyday the parents weren't home. Phycological and physically. I never got a voice and Braxton never got a voice. They just swept it away rather than deal with the fact I had told them what was happening. The state knew and I was told they could parent however they want
How could you possibly say Braxton was not murdered? He absolutely was murdered and in the most vicious way, do you even know the absolute facts of this case? Obviously NOT!!! He was shot close blank range by a jealous teenager who could probably never attempt to have any athletic ability Close to this youngsters ability, Braxton was very athletic with major talent who at only 8 years old obviously got more attention than he did himself from his own parents. This boy was very jealous of Braxton and tormented Braxton when nobody was around. In my personal opinion the foster parents should have been held accountable for having a loaded firearm left out and unattended that caused the death of Braxton but weren’t and their 14 year old child that shot 8 year old Braxton Wooden at close blank range now mind you because they don’t publicly admit or discuss it like i will because they try to sweep it under the rug but that fucking boy shot a little child in the face!!! They had to have a closed casket funeral why don’t anyone tell that part? Please tell me where this is justified? That14 year old murdered only did one year in a juvenile detention facility , i wonder if anyone knows that? Probably not because they focus on the point that the child’s mother was on drugs. Braxton Wooden would still be alive if he would have never been removed from his mother’s care PERIOD!!! I know that the system is in place to protect children but when children are allowed to be murdered in cold blood and nobody is held responsible then where is the justice?
Your response is completely wrong and ignorant. He wasn’t murdered? An 8 year old boy was shot at close blank range in the face!! Closed casket funeral by the way just in case you weren’t aware you ignorant fool. This upsets my beyond comprehension how people like you can make comments based only on media coverage 😳 which are usually based on lies
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