CHARLESTON – The parents of an autistic Dunbar elementary school student say their son was “aggressively” physically abused by a school employee.
Ashley Strobel-Cleveland and David Woody, as parents of B.W., filed their complaint September 8 in Kanawha Circuit Court against Willie Washington and the Kanawha County Board of Education. Washington was a staff member at Dunbar Primary Elementary School.
Cary
“I refuse to let bullies, whether they’re individuals or institutions, hide from accountability,” attorney Michael Cary told The West Virginia Record. “What happened at Dunbar Primary is beyond unacceptable, and it’s part of a larger pattern that the Kanawha County Board of Education can no longer sweep under the rug.
“This child is non-verbal, level III autistic and utterly defenseless. He cannot speak for himself, but I can and I will. My job, and my commitment, is to be his voice and the voice of every other child who has been failed by the very people entrusted to protect and educate them. When a system allows abuse to happen, not once but twice in a single day, that system is broken. And when a grown man puts his hands on a child in violence, that man should never again be in a position of power over children.”
According to the complaint, B.W. is 6 years old and suffers from Level III Autism as well as Pica. He is non-verbal with “profound special needs.” He was assigned to the school’s special education first-grade classroom, and Washington was a staff member in the class.
On September 2, surveillance footage captured what the complaint calls “a disturbing sequence of events.”
“The video begins with defendant Willie Washington, a large heavy-set man standing over six feet tall, walking aggressively toward the sink area where B.W. was standing,” the complaint states. “Washington forcefully turned the child around, grabbed him by both shoulders and began screaming directly into his face while violently shaking him. …
“The sheer rage in Washington’s demeanor, the aggressive physicality of his grip and the terror in B.W.’s body language leave no doubt as to what was happening: a massive adult towering over and manhandling a defenseless non-verbal special needs child.”
Then, the video shows Washington “clamping his hand” around B.W.’s throat and choking him, cutting off air and circulation for several seconds, according to the complaint.
“As soon as Washington released his grip, B.W. fled in panic, so traumatized that, in his confused and terrified state, he lashed out and harmed another child in the classroom,” the complaint states. “Instead of de-escalating, Washington pursued B.W. across the classroom. He caught up to him, once again grabbed him by the neck and, in an act of raw brutality, slammed the 6-year-old down onto the floor with crushing force.”
The impact left B.W. injured and visibly bruised, the complaint states, adding that the injuries were documented with photographs.
The plaintiffs accuse the defendants of unlawful disability harassment and discrimination in violation of the West Virginia Human Right Act as well as negligence. They also accuse the school board of negligent hiring, supervision and retention.
They seek compensatory damages for permanent psychological injuries, past and future pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame and inconvenience. They also seek punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
“I will fight relentlessly — in the courtroom, in the community and in the press — until there is justice,” Cary said. “That means accountability for every person who failed this child, criminal charges where they are warranted, and the termination of the individual responsible. This isn’t about headlines; this is about sending a clear message that children’s safety is non-negotiable.
“To the bullies who think they can get away with harming kids and to the institutions that think silence will protect them: your time is up. I don’t stop, I don’t scare, and I don’t lose focus. I will always be a voice for the voiceless, and I will not rest until justice is done.”
The plaintiffs are being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge David Hardy.
Kanawha Circuit Court case number 25-C-1059
