Evanston family sues School District 65

By Casara Clark
Monday, February 8, 2010
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Almost exactly a year ago, on February 3, 2009, Oakton Elementary School was struck by an awful tragedy. On that day after school, a student discovered the body of a 5th grader, hanging by his collar from a hook in the bathroom stall.

The Police deemed the death of Aquan Lewis a suicide. Now, the Lewis family is suing the Evanston School District. They're saying the school failed to protect their son and keep him safe. Family attorney, Todd Smith, of Powers, Rogers & Smith, says that there's more to this investigation than meets the eye.

“There’s a lot of question marks here about what happened,” says Todd Smith.

While the police claimed that all evidence had been analyzed, Smith says that this was not the case. There were several pieces of physical evidence around the crime scene, such as blood and vomit, that he says were never tested.

Todd Smith asked that they do that.  "Please analyze these other items so we understand better what really may have happened.  We have not heard from them.”

Police said in a press conference that they ruled it a suicide for two main reasons.

“At the time he was found, his shirt was completely buttoned to the top so they said that that indicated his intent,” says Todd Smith. But a look at some family photos of Aquan will tell you that it was not unusual for him to button his polo shirt all the way to the top.

The other evidence was that there was a single footprint found on the toilet seat. The police believed this indicated that Aquan hoisted himself up. Todd Smith thinks there were other possibilities. “If anything we thought it reflected more of an effort by him to relieve the tension because if someone were trying to secure themselves in the fashion suggested, you likely might see both shoes on the seat so that he’s fully supported when he begins that effort.”

Smith says none of this was considered in the initial investigation. “You look at all the evidence first. You look at likelihoods first. And I don’t think that was done here.”

Commander Tom Guenther was not able to comment on an ongoing lawsuit. He did say, however, that although his sympathies go out to the friends and family of Aquan Lewis, "nothing has come to light to contradict the initial conclusion that his injuries were self-inflicted."

The Superintendent of School District 65 had "nothing to share with respect to that matter."