The family of Bennie Hargrove has learned in its litigation against Washington Middle School, Modesta Herrera-Hernandez, Superintendent Scott Elder, and the Board of Education for Albuquerque Public Schools that a Washington Middle School classmate of Bennie Hargrove notified Washington Middle School's police officer that the shooter had a gun at school. However, the Albuquerque Public School ("APS") police officer ignored the statement and did not take any action on the notice that a student had a firearm in violation of APS policies. Further, multiple students testified about the conditions at Washington Middle School including that they received no training on gun awareness and reporting prior to the shooting of Bennie Hargrove. Furthermore, Washington Middle School had almost no teachers or staff monitoring the students during the lunch period resulting in fights on the track and field that finally resulted in the shooting of Bennie Hargrove. The Washington Middle School students testified about a lack of enforcement of APS policies as a whole during the week of Bennie's shooting creating a dangerous condition for all of the students there. The students felt left out by APS and felt that the school was liable for Bennie's death.
The family of Bennie Hargrove is angry about the lack of action by Washington Middle School as Bennie Hargrove would be here today if the staff and administration at APS had done their job. They violated their own policies and procedures creating a dangerous environment for all of Washington Middle School's children that ultimately resulted in the shooting death of Bennie Hargrove by another student. Thus, the Wrongful Death Estate of Bennie Hargrove is amending its complaint to incorporate this new evidence and also are filing a federal civil rights claim for the deprivation of Bennie's federal civil rights with the conditions that Washington Middle School, Modesta Herrera-Hernandez, Superintendent Scott Elder, Officer Urbanic, and the Board of Education for Albuquerque Public Schools created including the ignored notice from a student that the shooter had a gun prior to Bennie's death.
A copy of the proposed Amended Complaint and Motion to Amend Complaint and Join Parties is attached here. The federal complaint will be uploaded once filed.
The Gauthier & Maier Law Firm with our co-counsel Frank Davis are proud to represent the Wrongful Death Estate of Bennie Hargrove and help Bennie and his family receive the justice that they are owed.