STOCKTON (MO)
Springfield News-Leader [Springfield MO]
January 16, 2025
By Susan Szuch
A judge ruled that a wrongful death lawsuit against a now-closed Christian boarding school can move forward. The lawsuit claims that sexual abuse at the hands of Agape boarding school staff resulted in the death of a former student.
U.S. District Judge Douglas Harpool issued a 23-page ruling that addressed counts of wrongful death as well as violations of federal law, brought forth by Kathleen Britt. Agape Boarding School staff and the Cedar County Sheriff’s Office both moved to dismiss all counts, which Harpool granted in part and denied in part.
Here’s what to know about both parties, the claims and what may happen next.
Who is the plaintiff, Kathleen Britt?
Britt, of Idaho, is the mother of Jason Britt, who attended Agape School in Stockton when he was 16 years old, according to court records. Jason Britt, she said, was an honor student who began to experiment with drugs and alcohol during his second semester of public school, and “his grades and sports performance declined.”
Jason Britt was sent to Agape after his behavior did not improve, where Kathleen Britt said he was denied care packages and the ability to communicate freely with parents. She also says Jason Britt was sexually and physically assaulted there.
After Kathleen Britt removed her son from Agape, he “began to work out constantly and to use steroids … so he could never be subjugated again,” according to court documents.
Jason Britt died at 29 years old in February 2022. He died from multi-system organ failure due to steroid use, testosterone, high blood pressure and drug addiction, according to court records. Kathleen Britt alleges that her son’s death was the result of being sexually assaulted with a broom or mop handle and emotional trauma while at Agape.
“My son’s voice was silenced in life, but will not be silenced in death. There must be accountability of first the offenders, then the so-called Christian boarding schools operating under deceit and guise, and — equally importantly — the law enforcement and governmental agencies tasked with protecting vulnerable children,” Kathleen Britt said in a press release. “It is past time for the bell of justice to toll, not only for Jason but for every one of these injured children who carry lifelong scars.”
Who are the defendants?
Kathleen Britt filed a complaint against Agape staff as well as Cedar County Sheriff’s Department and staff in October 2023.
The defendants include:
- Agape Boarding School;
- Julio Sandoval, dean of students for Agape;
- Safe, Sound and Secure Youth Ministries, Inc.;
- Brent Jackson, vocational director and staff member at Agape;
- Scott Dumar, medical director, board of directors member and staff member for Agape;
- David Wilson, staff member at Agape;
- Jon Wilke, staff member at Agape;
- Robert Graves, staff member at Agape and deputy sheriff for Cedar County;
- James “Jimbob” McCrary, Cedar County Sheriff;
- The Cedar County Sheriff’s Department.
What did Britt sue them for?
Britt’s complaint includes ten counts, according to court documents:
- Counts one and two are wrongful death actions on the premise of childhood sexual abuse;
- Count three is an action under the Federal Trafficking Victims Protection Act;
- Counts four through six are wrongful death actions premised on negligence;
- Count seven is a wrongful death action premised on fraud and fraudulent misrepresentations;
- Count eight is a Section 1983 claim, which is the civil action for deprivation of rights;
- Count nine is a lost chance of survival claim;
- Count 10 is a claim of relief.
Agape defendants made arguments to dismiss counts one through nine and Cedar County defendants made arguments to dismiss the Cedar County Sheriff’s Department as a defendant as well as counts seven through 10.
What motions to dismiss did Harpool grant?
- Count one as it relates to Graves, Dumar and Wilson;
- Count three for all defendants;
- Count five as it pertains to McCrary;
- Count six as it pertains to Safe, Sound and Secure Youth Ministries Inc., McCrary and Cedar County;
- Counts six through 10 for Cedar County Sheriff’s Department, which dismisses that department from this case;
- Count seven as it pertains to Safe, Sound and Secure Youth Ministries, Jackson, Dumar, Wilke, Wilson, Graves, McCrary and Cedar County;
- Count nine for all defendants;
- Count 10 for all defendants.
More: New lawsuit alleges Agape Boarding School violated former student’s Constitutional rights
What motions to dismiss were denied?
- Count one as it pertains to Sandoval, Jackson and Wilke;
- Count two as it pertains to Agape defendants;
- Count four as it pertains to Agape defendants;
- Count five as it pertains to Agape, Sandoval, Safe, Sound and Secure Ministries Inc., Jackson, Dumar, Wilke, Wilson, Graves and Cedar County;
- Count six as it pertains to Agape, Sandoval, Jackson, Wilke, Wilson and Graves;
- Count seven as it pertains to Agape and Sandoval;
- Count eight as it pertains to Agape and Cedar County defendants based on statute of limitations.
What happens next?
According to the court records, Britt has 20 days from Jan. 2 to file her amended complaint.
While Britt filed multiple wrongful death lawsuits, and multiple theories can be pursued against multiple defendants, Missouri statute allows for only one wrongful death lawsuit claim and one recovery for any person.
While McCrary has been dismissed as a defendant, attorney Rebecca Randles, who is representing Britt, says he will be named again when the suit is refiled.
“This brave mother, whose precious son was severely abused, will now be able to keep exposing the horrific crimes and cover ups that these purported ‘caregivers’ perpetrated on a very vulnerable boy,” said attorney Rebecca Randles of Kansas City. “She has suffered and continues to suffer immeasurably but hopes that through her lawsuit, she can prevent other kids from being so deeply hurt at these kinds of controversial, independent and largely invisible facilities for ‘troubled teens.’”
Attorney John Schultz of Franke Schultz & Mullen, who represents Agape Boarding School, Sandoval, Jackson and Wilke, said he does not comment on judge’s rulings.
“What I can tell you is my clients adamantly deny the allegations that are being made on behalf of Mr. Britt after he died,” Schultz said.
Request for comment from other attorneys representing defendants were not returned as of press time.
Despite closure, Agape Boarding School continues to gather lawsuits
Investigators began looking into the Stockton-based Christian reform school in 2021 due to abuse allegations. On Jan. 20, 2023 it closed “solely due to the lack of financial resources to continue caring for the boys,” according to a statement by former director of Agape Boarding School Bryan Clemensen in a press release.
There are currently 26 ongoing cases against Agape Boarding School filed in federal court by former students, with complaints detailing graphic accounts of the alleged abuse. According to reporting by the Kansas City Star, 16 civil lawsuits in state court were settled for undisclosed amounts as of March 7, 2023, and dismissed with prejudice, meaning they cannot be tried again.
In June 2023, the school lost its accreditation from the National Council of Private School Accreditation and the Association of Christian Teachers and Schools.
In September 2021, Cedar County Prosecutor Ty Gaither filed 13 low-level “Class E” felony assault charges against five people linked to Agape Boarding School. As of December 2022, the majority of the charges were dismissed or reduced to misdemeanors.
In August 2022, Sandoval was accused of transporting a teen against his will from California to Stockton. That case is still ongoing.