VIRGINIA BEACH, Va. — A Virginia Beach mother has filed a $150 million lawsuit alleging that a "makeshift prison" in a classroom contributed to the death of her 11-year-old son, who had special needs, at Pembroke Elementary School in Virginia Beach in November 2024, according to a complaint obtained by News 3 on Wednesday.
This lawsuit, which names the mother Julie Xirau as the plaintiff, ties the death of her son, Joshua Sikes, on Nov. 3 to an incident at his classroom on Oct. 31.
Sikes was enrolled at Pembroke where he received services from Southeastern Cooperative Educational Program (SECEP). SECEP and four of its employees — Theresa Renvyle, Carole Parker, Nicole Smrz, and Katherine Wynne — were named in the lawsuit. The four employees were assigned to Sikes' classroom at the time.
The complaint states Wynne used "unauthorized restraint devices and furniture" to confine Sikes. Renvyle and Smrz helped construct the "makeshift prison" in an attempt to restrict his movement in the classroom. Corresponding evidence shows classroom furniture strapped together to create the confined space.
Prior to the Oct. 31 incident, the lawsuit alleges Sikes would come home bruised and injured, which was not explained by the defendants. Parker later told investigators that Sikes had been injured when Renvyle and Smrz pinned him between the walls of the "makeshift prison," the complaint states.
The complaint states there is no padding on the walls or floor within the constricted space; the corresponding photos — which were submitted as evidence — corroborate this claim.
It is directly alleged in the complaint that the defendants "did not want to calm" Sikes when they put him in the confined space on Oct. 31. It goes on to say the defendants wanted Sikes "to continue to feel scared, agitated, and frightened" as a reason to have him removed permanently from the classroom.
Sikes spent hours in the "makeshift prison" on Oct. 31, according to the complaint. He would repeatedly strike his head on the floor during this time. The defendants later told Sikes' mother that he was misbehaving and needed to be picked up; she was never told about the injuries his head suffered while in the space.
The lawsuit furthers alleges Sikes was "increasingly lethargic and withdrawn" the following day on Nov. 1. Xirau took him to the emergency room on Nov. 2 after seeing his condition worsen. She at this point alleges was still unaware of her child's head trauma.
It is also stated in the lawsuit that Sikes had "limited verbal skills," which did not allow him to properly communicate his injuries.
The complaint states Sikes was discharged from the emergency room after being told to make an appointment with a pediatric neurologist; however, the appointment couldn't be made because Sikes died in his sleep on Nov. 3.
Xirau later notified SECEP officials about Sikes' death, which prompted the four defendants to text each other. The following screenshots were submitted as evidence:
Sikes received assistance based on an Individualized Education Program (IEP) and a Behavior Intervention Plan (BIP). The defendants were aware of Sikes' IEP and BIP, as well as how his medical conditions affected the educational support he received.
The lawsuit was filed Friday in Norfolk Circuit Court.
News 3 reached out to SECEP for a response to this lawsuit. We'll update this story when we hear back.
