United Way, Families Settle Chardon Healing Fund Dispute

September 19, 2013

By John Karlovec
The legal battle over a fund created to help the families of three students killed during a shooting rampage inside Char-don Schools last year was settled Friday.
While details of the settle-ment in the Chardon Healing Fund lawsuit were not disclosed, the settlement provides for some additional payments from the fund to each of the families affected in the February 2012 shooting.
“All parties agreed the settle-ment provides a satisfactory resolution of the dispute and avoids the trauma further liti-gation would cause to the vic-tims’ families, the survivors and the Chardon community,” Uni-ted Way of Greater Cleveland said in a statement Friday.
Besides additional payments to the deceased victims’ families, the balance of the fund will be used to address ongoing phys-ical and emotional needs of others in the Chardon community impacted by the shooting, the release said.
As part of the settlement, all parties agreed to keep specific details of the agreement private and said they would not com-ment further on the litigation, United Way said.
Resolution of the parties’ dispute also avoids a December 2013 trial date.
In May, parents of deceased victims Daniel Parmertor, 16, Demetrius Hewlin, 16, and Russell King Jr., 17, filed a lawsuit against United Way of Greater Cleveland and United Way Services of Geauga County in the Geauga County Probate Court alleging the fund was not being administered the way it was intended.
Despite roughly $952,000 being donated to the fund, the victims’ families had received less than $150,000, said Todd Mc-Kenney, the families’ attorney.
According to testimony in the case, the fund board paid the three families living expenses for a year and gave monthly $200 gift cards to each family member plus extra holiday money.
Parmertor’s mother, Dina Parmertor, said the board cut off the contributions without talking with her family, forcing her to return to her nursing job before she was ready.
King’s mother, Jeannie King, said she was told to seek public assistance when she asked for help paying for health insurance because she could not return to work.
Jenniffer Deckard, president and CEO of Fairmount Minerals — which donated $100,000 to launch the fund — had told Judge Tim Grendell the fund’s mission was two-fold: To address the immediate needs of the families directly impacted and to ensure the long-term healing of the Chardon students, staff and community.
She added the fund had been “crystal” clear in its dual purpose.
Deckard also said the fund’s advisory board did not deny any requests from any of the families and was not asked for additional money.
In June, Grendell issued an 11-page order in the case, setting aside $50,000 for the victims and families of the victims, and $25,000 for behavioral health treatment services not otherwise covered by insurance or other sources until the case was tried in December.
An additional $25,000 would be allowed for shooting-related community needs.
However, Grendell stayed the setting aside of these funds, pending mediation. He also appointed retired 11th District Court of Appeals Presiding Judge Donald Ford to conduct mediation in this case.
The Chardon Healing Fund was established within days after 18-year-old T.J. Lane shot and killed Parmertor, King and Hewlin, and left three other students — Nick Walczak, Joy Rickers and Nate Mueller — injured.
An 11-member, all-volunteer advi-sory board representing all segments of the Chardon community was formed to make decisions about disbursements of fund.
“United Way Services of Geauga County administered the fund without compensation, so all donations could be used for its intended purpose,” United Way said.