Judge says no to interview of Braxton Wooden's killer

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.