Mother of Apalachee HS victim to file lawsuit over missed warnings

WINDER, Ga. -  The mother of a 14-year-old student killed in a mass shooting at Apalachee High School last year plans to file a $25 million lawsuit, alleging the tragedy could have been prevented if multiple agencies had taken action on earlier warning signs.

What we know:

The lawsuit is expected to name the Barrow County School System and the Jackson County Sheriff’s Office, among others. 

A formal notice sent earlier this month claims officials failed to act on prior warnings about Colt Gray, the suspected shooter. 

The Jackson County Sheriff’s Office allegedly knew Gray posed a threat in 2023 but failed to intervene. 

The notice also accuses the Barrow County School System of not implementing or enforcing adequate protocols once Gray enrolled at Apalachee High.

Apalachee High School mass shooting

The backstory:

Colt Gray, a 14-year-old student accused of killing four people and injuring nine others in a mass shooting at Apalachee High School, faces more than 50 charges, as his father is now also charged with allowing him access to the weapon used in the attack.

The teen is charged with 55 criminal counts, including four counts of murder, four counts of felony murder, four counts of aggravated battery, 25 counts of aggravated assault, and 18 counts of cruelty to children in the first degree.

The shooting occurred on Sept. 4, 2024, at the Barrow County school. Authorities say Gray used an AR-15-style rifle to fatally shoot two students—14-year-olds Mason Schermerhorn and Christian Angulo—and two teachers: math instructor Cristina Irimie, 53, and Coach Richard Aspinwall, 39. Nine others were injured.

Investigators later recovered a notebook they believe belonged to Colt Gray, containing disturbing drawings that closely mirrored the attack. The notebook also included a checklist outlining steps he allegedly planned to carry out. Behind his computer desk at home, authorities said they found a "shrine of sorts" featuring about 15 photographs and newspaper clippings related to previous school shootings.

Colt’s father, Colin Gray, is charged with allowing his son access to the firearm used in the shooting. According to the Georgia Bureau of Investigation, Colin Gray received unsettling text messages from both his daughter and ex-wife on the day of the shooting. After reading them, he turned on the news and saw reports of the incident at Colt’s school. He told investigators he checked his son’s room and found the rifle missing.

Investigators testified that Colin Gray did not seem surprised when informed about the shooting and showed no immediate signs of remorse.

Schermerhorn and her attorneys noted that the Barrow County Sheriff’s Office would not be named in the lawsuit, praising the agency’s response on the day of the shooting.

Mason Schermerhorn killed at Apalachee High

What they're saying:

Breanna Schermerhorn, whose son Mason was among four people fatally shot at the Barrow County school in September, said her family is still reeling from the loss.

"There’s a huge hole that’s missing," she told FOX 5. "I think we still expect him to walk from his room... it’s like he’s in his room."

Holding Mason’s beloved Oswald plush — a reminder of the boy she described as "extremely loving with a big heart" — Schermerhorn said the lawsuit is meant to push for change.

"I’ve always said Mason was all of the good parts of us and none of the bad," she said. "I always said that he had this special — I called it his superpower. He was able to turn his bullies into his friends. And I think that takes a lot of a person’s character to be able to do that."

"There were warning signs, there were missed opportunities," Schermerhorn said. "There were protocols not followed and protocols not enforced."

Attorney Mike Puglise, representing Schermerhorn, said the legal action aims to hold agencies accountable. "We’re waiting to hear from the two entities — are they actually going to do something right and proper, or are they going to ignore it like they did Mason that day? And that’s what we want to prevent."

Schermerhorn said the case is not about compensation. "There’s nothing that would bring him back, but in order to really incite the changes that need to be made, people need to hurt in their pockets to make sure they understand the ramifications of things."

Barrow County Schools responds

The other side:

Barrow County Schools released a statement saying, "Our priority remains the well-being and safety of our students, staff, and families. We are committed to maintaining a supportive learning environment while serving our community with integrity and transparency."

The Jackson County Sheriff’s Office referred questions to the county attorney. Barrow County, which is also listed in the legal notice, declined to comment on pending litigation.

What we don't know:

While the Schermerhorns served the school district with an ante litem notice, which is letter of intent to take legal action, the actual lawsuit has not yet been filed.

SEE ALSO:

• Apalachee HS shooting: Judge weighing challenge to father's indictment
• New hearings for Colt Gray, Colin Gray scheduled this summer
• Teachers killed in Apalachee HS shooting to be added to national memorial
• Barrow County faces backlash over proposed cuts to school resource officer funding
• Apalachee High School graduates remember victims during ceremony

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