Families of Apalachee victims move toward lawsuits, citing missed warnings

Families of several victims killed in the Apalachee High School shooting say they plan to sue law enforcement, school officials and government authorities, accusing them of ignoring warning signs that could have prevented the attack.

Angulo family to file lawsuit

What we know:

The Angulo family, represented by attorney Andy Rogers of Deitch and Rogers, filed an ante litem notice earlier this month. The filing signals their intent to sue Jackson County and its sheriff’s office, Barrow County and its sheriff’s office, the Barrow County Board of Education and the Barrow County School District.

"Colt Gray should’ve never been able to get access to the gun he brought to school," Rogers said. "It appears that the perfect storm happened here, but not one that couldn’t be predicted."

What we don't know:

The family of Richard Aspinwall has filed an ante litem notice.

A memorial for Cristina Irimie, Mason Schermerhorn, Richard Aspinwall and Christian Angulo in front of Apalachee High School in Winder.

A memorial for Cristina Irimie, Mason Schermerhorn, Richard Aspinwall and Christian Angulo in front of Apalachee High School in Winder.  (FOX 5)

Cristina Irimie's family reportedly has not filed a notice.

Apalachee High School mass shooting

The backstory:

On Sept. 4, 2024, investigators say 14-year-old student Colt Gray opened fire inside Apalachee High, killing students Mason Schermerhorn and Christian Angulo and teachers Cristina Irimie and Richard Aspinwall. Another student who is a minor was among the nine others injured.

Rogers, speaking on behalf of the Angulo family, said the goal is "to make sure we and the families understand as much as they possibly can about why this happened to their loved one."

Schermerhorn’s family is also planning to file a $25 million lawsuit against multiple agencies. The Angulo family’s notice alleges officials ignored repeated red flags, including a 2023 report to the Jackson County Sheriff’s Office that Gray "posed a credible threat to the safety of students."

The notice also claims Gray showed troubling behavior and multiple unexplained absences in August 2024, drawing the attention of a school counselor. On the morning of the shooting, it says, Gray carried a SIG Sauer 400 semi-automatic rifle and ammunition in his backpack while officials had credible information he posed an immediate threat.

Arguments for lawsuit

What they're saying:

"There was absolutely no lockdown before the shooting started," Rogers said. "Multiple opportunities to take steps to protect these students appear not to have been taken."

The filing argues the attack "was the direct and foreseeable result of systemic negligence, policy failures … and a complete breakdown in communication and accountability across multiple agencies."

Rogers added, "It appears nobody in the school system, nobody at the government level is willing to say ‘you know what? You’re right. We missed some things. There are some things that should have been done differently and we need to make it right.’"

Barrow County Schools issues statement

The other side:

Barrow County, its sheriff’s office and the school district declined to comment on the case, but the district released a statement: 

"Our priority remains the well-being and safety of our students, staff, and families. We are committed to maintaining a supportive learning environment while serving our community with integrity and transparency."

Messages left for Jackson County and its sheriff’s office were not returned.

The Source: FOX 5's Christopher King spoke with attorney Andy Rogers of Deitch and Rogers for this article. Additional details come from court records. Barrow County Schools also contributed a statement. Previous FOX 5 Atlanta reports were also used.

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