In a somewhat complicated wrongful death lawsuit, a young girl fled a state youth home to seek out her former kidnapper, had been able to remove her ankle monitor, and then was shot and killed during an attempted police rescue, as reported by KSL News.
Her former captor, A.M, killed A.V., 13, in a parking lot in a Washington state Wal-Mart in January 2010.
The child's parents, G.V. and J.R, have filed the lawsuit naming several defendants: the state of Utah, the Utah Department of Human Services, Utah Youth Village, two youth home counselors and the two companies that provided the faulty ankle monitors.
The defendants are accused of negligent placement, supervision and licensing, violations of their state constitutional rights and negligence in monitoring.
The damages sought are not yet specified.
A.V. left Utah with A.M., 31, "pursuant to a kidnapping and abduction" before October 6, 2010. After A.V. returned to Utah her parents chose to house her in state custody with the purpose of keeping A.M. away from her.
The state placed A.V. in the Utah Youth Village. She was subsequently classified as high risk and ordered to wear an ankle monitor.
The suit claims that a "Youth Village parent" drove A.V. to A.M.'s sister's home and that "neither the home nor its occupants are verified and were not approved as a safe visitor location for high-risk (A.V.) (A.V.) remained for some time unsupervised in the home."
A.V. came back to the youth home that time. Her therapists warned her that though A.M. had been released from jail, the pull she had felt in seeing him is called "Stockholm syndrome."
The syndrome is when a victim bonds with her captor.
Allegedly undeterred, on January 5, A.V. got a knife and cut off her ankle monitor. Officials then moved her to a treatment home. The move failed to prevent her from removing the monitor a second time – and A.V. fled the home on January 18.
According to the lawsuit it wasn't until January 19 that the homes' proctor parents knew A.V. had left the facility.
For three hours on January 18 the monitoring device was down for "unscheduled maintenance", according to an investigation afterwards, and no one had been notified that A.V. had removed the device.
The Kitsap County Sheriff's Office were notified by an acquaintance of A.M.'s that the pair were in Washington. The suit states that at that time A.M. was "armed with a gun, had possession of a minor and believed sexual offenses were taking places against the minor."
Deputies, led by the tips from A.M.'s acquaintance, came upon the two at Wal-Mart. A.M. took off on foot, turning to fire his weapon and wounded two deputies. Another deputy was able to shoot A.M. in the leg.
A.M. shot A.V. as she came to his aid, and then killed himself.
The suit states that the state failed to place A.V. "in a secure environment worthy and capable of overseeing the life and health of children trusted to their care."
Loosing a child is the worst thing a parent can endure. If you suspect that your loved one was killed due to the negligence of another party, you must contact a personal injury lawyer for help!