Family of slain boy accuses state prisoner review board of negligence in lawsuit

Yahoo

14-03-2025

SPRINGFIELD — The family of an 11-year-old boy fatally stabbed by the ex-boyfriend of the child's mother has sued the Illinois Prisoner Review Board, alleging the panel was negligent when it released the man from prison despite his history of domestic violence.
The lawsuit was filed with the Illinois Court of Claims almost one year to the day after authorities say Crosetti Brand broke into his ex-girlfriend's apartment on Chicago's North Side and attacked her before fatally stabbing her son Jayden Perkins when the boy tried to come to her rescue. Brand, 38, is in custody awaiting trial for murder in the attack on March 13, 2024.
'This horrific crime was entirely preventable — had IPRB fulfilled its duty to properly assess Brand's parole eligibility, taken into account his history of violence, and imposed adequate restrictions, this tragedy would not have occurred,' says the lawsuit, filed Wednesday. 'Jayden Perkins, just 11 years old, endured an unimaginable and violent death. He was forced to confront the very monster whom the legal system had already identified as a danger. He suffered the terror of an unprovoked, merciless attack, dying from grievous stab wounds that could and should have been prevented had the IPRB fulfilled its duty.'
The case became a political challenge for Democratic Gov. JB Pritzker as his Prisoner Review Board had come under scrutiny a couple years before the attack from state legislative Republicans for authorizing the early release of people convicted of killing police officers, children and committing mass murder.
Two review board members, including the chairman, resigned in light of Jayden's case. The crime also led to the appointment of an executive director for the board and efforts by the legislature to revamp the panel's operations.
A spokesperson for the review board declined to comment Friday on the lawsuit.
The lawsuit accuses the board of 'gross negligence' and 'wanton misconduct,' a legal definition referring to actions considered reckless, in its decision to release Brand just prior to Jayden's death.
'Respondent IPRB has a legal duty to the public, including Plaintiffs, to conduct a thorough and competent risk assessment before granting parole to violent offenders, particularly those with an extensive and documented history of domestic violence, aggravated battery, and repeated parole violations,' the lawsuit says, alleging that 'IPRB ignored its own protocols, disregarded critical risk indicators, and knowingly allowed Brand to return to the same community as his previous victims, without implementing necessary parole restrictions or protective measures.'
The lawsuit contends that Jayden's family is entitled to compensation for funeral and burial expenses for the boy, medical expenses incurred by his mother, who was injured during the attack, psychological counseling for the mother and her other young son who witnessed the attack and loss of out-of-pocket expenses 'directly resulting from IPRB's gross negligence.'
Brand was granted mandatory supervised release — Illinois' version of parole — in October 2023. He was placed on GPS monitoring and ordered not to contact Jayden's mother as well as another woman he attacked in 2015, according to review board records obtained through an open-records request. The parole release was for the 2015 case in which Brand was originally sentenced to 16 years in prison.
Cook County prosecutors have said Brand sent Jayden's mother a text message on Jan. 30, 2024, threatening her and her family. He then showed up at her apartment two days later. Brand repeatedly rang the doorbell and pulled on the door handle in an apparent attempt to break in, according to the lawsuit, which alleges that action was a direct violation of a protective order Jayden's mother had against Brand.
She immediately contacted Chicago police to report Brand's presence and his violation of the order. But the officers wouldn't formally document the incident and Jayden's mother's concerns were dismissed, according to the lawsuit, which does not name the Chicago Police Department as a defendant.
A parole official later followed up with Brand, who claimed he was merely looking for an apartment, the suit alleges, though Jayden's mother informed the official he had been ringing her doorbell and pulling on the handle to force his way into her apartment. Brand surrendered to authorities on Feb. 2, 2024, and was sent to Stateville Correctional Center in Crest Hill, cited for multiple parole violations, including contacting Jayden's mother while her protective order was still in effect, the suit says.
'However, this brief incarceration did not result in any meaningful consequences, as Brand was subsequently released within weeks due to the systemic failures of the IPRB,' the lawsuit alleges.
On Feb. 26, 2024, the review board held a hearing at which Brand changed his story and denied visiting Jayden's mother's apartment, the lawsuit says, falsely claiming that GPS monitoring data did not place him there. 'And without calling Jayden's mother to testify to corroborate her story, the Board accepted his version of events and released him from custody on March 12, 2024 — just one day before the attack,' according to the suit.
On March 13 of last year, Brand forced his way into Jayden's mother's apartment and stabbed her multiple times in the back, chest, neck, shoulders and head while Jayden tried to protect her, the suit alleges. The lawsuit says Brand fatally stabbed Jayden while the woman's 6-year-old son witnessed the attack.
'The IPRB's failure was a direct and substantial factor in this tragedy, as it ignored credible evidence of Brand's continued dangerousness,' according to the suit.
After the attack, Pritzker said there could be changes to the board's practices. Within days, the review board's chairman, Donald Shelton, and board member LeAnn Miller, who drafted the order authorizing Brand's release, resigned.
'It is clear that evidence in this case was not given the careful consideration that victims of domestic violence deserve and I am committed to ensuring additional safeguards and training are in place to prevent tragedies like this from happening again,' the governor said last March.
Since then, Pritzker has appointed an executive director for the review board, James Montgomery, who was formerly mayor of the central Illinois town of Taylorville.
Lawmakers have offered proposals ranging from making more board hearings available to the public via live broadcast to codifying provisions about training for board members —- especially in the area of domestic violence —- along with changes related to factors to be considered by the panel in deciding whether to grant early release. None of the proposals has passed through the General Assembly.
On Thursday night, about 100 people gathered outside the low-slung brick apartment building in the Edgewater community where Jayden lived with his mom and brother. Jayden was described by friends as a talented dancer, and he had just been chosen to play the lead role of Nemo in his school musical when he was killed.
Many dancers from the Gus Giordano Dance School, where Jayden had been part of a performing troupe, wore their stage makeup and sweats as they clustered around large white lanterns waiting to be lit.
Dozens of electric candles spelled out 'Jay' and a number 11 on the grass. Earlier that night, the school held a memorial event for Jayden that showcased a newly choreographed dance in his honor, titled 'Superhero.' The piece is hip-hop, his favorite style of dance, and set in part to music by one of his favorite artists, Bruno Mars.
Jayden's parents lit the first lantern, which had a message written on it: 'Superstar, may your light continue to shine bright. We love you.' Other groups — students from Peirce Elementary, from the dance school, friends and family — waited for their turns to light lanterns. Many wore black sweatshirts with Jayden's name printed on them.
Jayden received his first dance scholarship in 2021 and impressed his teachers from his first class, said Amy Giordano, the dance school's executive director.
'He just wanted to learn, and the energy and the enthusiasm and the joy… just radiated to every person,' she said. 'I envisioned that we would give him every bit of training he needed.'
He'd learn new skills in class and go home to practice, Giordano said. When he came back, 'he would bring that energy into the room — not 'Oh, look what I can do,'' she said. 'It was like, 'We can all do this.''
Jayden's dance school has started a scholarship program in his honor; Giordano said at least 10 have been awarded so far. The web page for the scholarships reads 'our superhero.' Kubzansky reported from Chicago.