According to the lawsuit, a psychological evaluation performed in 2024, revealed an alleged history of violent behavior, including the killing of puppies.
GONZALES, Texas — Gonzales Independent School District is taking legal action against an 11-year-old boy who confessed to murdering a man he didn’t know in 2022, arguing having the child in the classroom would endanger others.
In April of last year, the Gonzales County Sheriff’s Office announced that a student attending Nixon-Smiley CISD, admitted to shooting and killing a man who was sleeping in January 2022. Officials were initially alerted about a separate incident about the boy allegedly threatening to assault and kill another student on the school bus.
The child was not charged with killing 32-year-old Brandon O’Quinn Rasberry since Texas law indicates juveniles under 10 years of age cannot be held criminally liable. Per the lawsuit, the boy said he shot Rasberry after he was told to “shut up” earlier in the day. Authorities said the boy found the gun in his grandfather’s truck.
Attorneys with Walsh Gallegos, the firm representing Gonzales ISD, filed a lawsuit against the boy and his grandmother, seeking a temporary restraining order and injunction to ensure the child is kept out of classrooms. According to the lawsuit, the boy would pose an immediate threat to students and staff based on an alleged history of violent behavior as revealed in a psychological report conducted in May 2024.
The psychiatric evaluation referenced in the lawsuit, noted the boy displayed “significant signs of sociopathy” and a “lack of remorse or guilt.” The report detailed violent behaviors, including assaults on family members, property destruction and killing of puppies.
Per court documents, Gonzales ISD created an Individualized Education Program (IEP), recommending that the child be placed in a residential treatment facility called the Shiloh Treatment Center for therapy and supervision.
The boy’s grandmother, who is his legal guardian, responded by filing a special education due process hearing with the Texas Education Agency. The filing led to the federal “stay-put” rule under the Individuals with Disabilities Education Act (IDEA), which requires students with disabilities to remain in their current placement while disputes are resolved.
On Oct. 2, a state hearing officer ordered the boy be placed in a general education setting in Gonzales ISD during the proceedings, a decision the district challenged in federal court.
Gonzales ISD is asking for a temporary restraining order that prohibits the 11-year-old boy from accessing all district campuses and events, as well as court approval to place him in the residential treatment center.
The plaintiffs are also hoping for a declaratory judgment clarifying that the “stay-put” rule does not apply when a student transfers between school districts.
The court has not yet ruled on the district’s emergency request.
Attorneys representing Gonzales ISD and the boy and his grandmother declined to comment.