LOUISVILLE, Ky. — The mother of a 16-year-old high school student who was shot and killed last September is suing school officials for negligence. 

What You Need To Know

  • The lawsuit names several JCPS officials, including JCPS Superintendent Dr. Marty Pollio and Eastern High School Principal Dr. Heather Orman

  • The charges include negligence, premises liability, intentional infliction of emotional distress and outrageous conduct, and punitive damages

  • The suit alleges that JCPS officials knew of gang-related activity and threats of shootings around the bus stop, but failed to notify parents or implement any safety measures to prevent the shooting

  • Two juveniles were arrested and charged with murder in the Sept. 22 shooting

Sherita Smith is the mother of Tyree Smith, the Eastern High School student who was shot and killed while waiting to board a bus on the morning of Sept. 22, 2021.

In the early morning hours of Sept. 22, several students were waiting to catch the bus at 21st and Jefferson Sts. in Louisville’s West End, when a car drove by the bus stop and began firing at the children. The children ran for cover but three were shot, including Tyree Smith. He died later that day from gunshot wounds to his abdomen and flank.

The lawsuit names several Jefferson County Public Schools employees, and claims they were negligent in their duties to respond to known gang activity in the school system and around the bus stop in the days leading up to the morning her son was shot.

The defendants named in the lawsuit are:

  • JCPS Superintendent Dr. Marty Pollio
  • JCPS Executive Administrator of Transportation Marcus Dobbs
  • Eastern High School Principal Dr. Heather Orman
  • Manager of Pupil Transportation Elisa Hanley
  • Eastern High School Assistant Principal Steven Hawes
  • Eastern High School Assistant Principal Gregory Herberger
  • JCPS Captain of Security and Investigations Joye Keeley
  • JCPS Executive Administrator of Security and Investigations Stan Mullen
  • JCPS Transportation Specialist Ken Stites
  • JCPS Chief Operations Officer Chris Perkins

The suit alleges that JCPS officials were aware of gang activity within the school system and among the students at Eastern High School. It claims that they knew about specific threats of shootings on the Bus #2080 route, and that the parent of the student who was targeted in those threats was notified, while no other parents were made aware of the threats.

The lawsuit states JCPS school officials knew about a gang-related fight at a bus depot involving students who rode Bus #2080, and a shooting involving two Eastern High School students on the same bus route about two weeks prior to Tyree Smith’s death.

According to the suit, JCPS officials did not notify any other parents of students who rode Bus #2080 about the gang-related incidents, nor did they implement any safety or security measures at any of the stops to prevent the Sept. 22 shooting.

The charges levied in the lawsuit include counts of negligence, premises liability, intentional infliction of emotional distress and outrageous conduct and punitive damages.

A spokesperson for JCPS said they would not comment on a pending lawsuit. 

Demaurion Moore and Mekhi Cable, two JCPS students, were arrested, and charged with murder, assault, tampering with physical evidence and possession of a handgun by a minor, among other charges in relation to the Sept. 22 shooting.

They are also being charged in connection to another homicide on Nov. 25, 2021. 

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