1 million settlement in Red Lake
The settlement with the school district will be distributed among the 21 families of those killed or injured in the March 2005 shootings.
Published: Star Tribune: Newspaper to the Twin Cities
Author: Tony Collins; Chuck Haga; Staff Writers
Location: Red Lake, Minn.
Date: 2006-07-21
The Red Lake School District has agreed to pay $1 million to 21 families of those killed or injured in the March 2005 shootings that left 10 people - including the teenage gunman - dead.
Although $1 million is the maximum the district can be held liable for under state law, it’s not enough, said LeeAnn Cobenais-Thunder, mother of Steve Cobenais, one of the most seriously injured.
“Steve and the other victims’ families deserve more,” she said Thursday.
The settlement between the families and the district was announced Thursday and came after more than a year of negotiations, said Shamus O’Meara, lead attorney for the school district.
Of the $1 million settlement, which must be approved by state and federal courts, $900,000 will go to the families of those killed and injured. The remaining $100,000 will be held in escrow for future distribution or to cover new claims.
A judge will decide how much each family will receive of the $900,000.
Tribal Chairman Floyd (Buck) Jourdain, reelected in a run-off election Wednesday, said, “there is no compensation when it comes to the loss of a loved one. I just hope this helps the families in some way.”
Phil Sieff, a Twin Cities attorney who negotiated the settlement on behalf of the victims’ families, said Thursday that the settlement offers families some compensation and allows the school district to focus on educating students.
“Of course, the victims’ families are disappointed the amount isn’t greater,” Sieff said. “It isn’t going to compensate any of the families for their losses, but they understand we’ve obtained the maximum that could be recovered from the school district.”
On March 21, 2005, Jeff Weise, 16, killed his grandfather and grandfather’s girlfriend at their home, then drove to the school and opened fire, killing seven others before taking his own life.
In January, 17-year-old Louis Jourdain, the son of the chairman, was sentenced to up to a year at a juvenile treatment facility after pleading guilty to sending threatening messages in connection to the shootings.
Further litigation is possible, but no one would comment Thursday on what form that might take.
“If we determine there are other responsible parties, we will likely pursue those parties in civil litigation,” Sieff said.
Cobenais-Thunder said her family has incurred about $500,000 in medical bills for Steve, who was shot in the eye and suffered brain damage. The 16-year-old has a prosthetic left eye. He has had three major surgeries and still has two or three more to go.
Cobenais-Thunder said that whatever portion of the settlement Steve gets, some will go to the lawyers and to the state of Minnesota, which is paying for her son’s health care through Medical Assistance.
“Personally, I don’t think we should have to pay Steve’s medical bills,” she said. “Steve didn’t ask to be shot.”
Arnold Pemberton, chairman of the Red Lake school board, said in the news release that he hopes the settlement means that the district and Red Lake community can “take a significant step toward healing and our future together, always remembering and respecting the victims and families lost and affected by this tragedy.”
Sieff and St. Paul attorney Randy Thompson represented 11 of the families involved in the
settlement. Inver Grove Heights attorney Gregory McEwen and Bemidji attorney Mark Rodgers represented nine. Minneapolis attorneys Elliot Olson and Richard Ruohonen represent Cobenais.
“No amount of money that Steven gets is going to make up what he went through,” Ruohonen said. “We hope whatever part of the $900,000 he receives will at least assist him in getting the help he needs. It’s a step in the right direction.”
The Red Lake settlement is one of the highest in recent memory.
In the aftermath of the 1999 shootings at Columbine High School in Colorado, in which two gunmen killed 12 students and a teacher before committing suicide, families of at least 13 of the victims split a $285,000 settlement from the county school district and sheriffs office.
The teacher who was killed reached a $1.5 million settlement with the county and a student who was wounded reached a settlement for $117,500, according to media reports.
About 30 families also shared in $2.85 million settlement that was essentially funded by the homeowner’s insurance policies of the gunmen’s parents and three others who provided weapons to them.
In all, 37 wrongful-death and injury lawsuits filed against the families of the killers, Eric Harris and Dylan Klebold, were settled between 2001 and 2004.
Cobenais-Thunder said her family wants to make sure that Steve will be able to get the care he needs.
“Who knows what’s going to happen to me or his father?” Cobenais-Thunder said. “We want to make sure he’s properly taken care of.”
Staff reference librarian Linda Scheimann provided research for this report. The writers are at tcollins@startribune.com and crhaga~startribune.com.
MORE ABOUT RED LAKE
- In the aftermath of the shootings at Red Lake High School, Star Tribune reporters and photographers spent several months on the reservation last year. For their stories and photos, see www.startribune.com/redlake.
- Red Lake Net News is a website with information about the reservation and other Indian related news. The address is www.rlnn.com.
Copyright 2006 - Star Tribune: Newspaper of the Twin Cities