West Virginia Record

Sunday, October 13, 2019

Couple alleges Mingo Co. school didn't notify about suspect in building with weapon


By Carrie Bradon | Jun 25, 2019

WILLIAMSON – Two Gilbert parents allege that their 6-year-old daughter's school district failed to notify parents when a suspect with a deadly weapon was apprehended at an elementary school.

Billy Jack Ellis and Kayla Ellis, individually and as parent, guardian and next friend of infant, K.E., filed a complaint in Mingo Circuit Court against the Mingo County Board of Education alleging negligence.

The suit states that K.E. attends Gilbert PK-8 School, which is under control of the defendant. The suit states on May 2, law enforcement apprehended a suspect who was at the school with a deadly weapon, but the school failed to notify parents of the threat. 

On another occasion, the plaintiffs allege K.E. was sexually assaulted by a fifth-grade student who crawled under the bathroom stall and inappropriately touched K.E. in the restroom. The plaintiffs allege the defendant failed to take any action regarding the incident and failed to protect her.

The plaintiffs are seeking all reasonable sums due, attorney fees and court costs. They are represented by Justin J. Marcum of Marcum Law Office PLLC in Williamson.

The case has been assigned to Judge Miki Thompson.

Mingo Circuit Court case number 19-C-59

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