Attorney says Mt. Washington Police officer berated autistic child for taking a cookie from school kitchen

LOUISVILLE, Ky. (WDRB) — The chief of police in Mt. Washington, Kentucky, was fired for not investigating a case, according to the mayor.

That case involves a 10-year-old special needs student and a cookie, according to the family's attorney.

For 10-year-old Gabriel Patton, school has never been easy, but a visit from a police officer made school a terrifying place.

“And all of this is over a damn cookie,” Robert Patton, Gabriel’s father, said.

Gabriel is his parents' miracle child, being born five years after his parents lost a child.

“We didn't think we were going to be able to get pregnant again,” Sandy Patton, Gabriel's mother, said. "And, just by surprise, he was. He was our little miracle baby."

Gabriel, who attends Mt. Washington Elementary School, is autistic and has sensory and behavioral issues. His life requires structure, and his parents work day and night to make sure his life is in balance.

“They (the doctors who diagnosed Gabriel) also told us that he was two years behind mentally, but in other areas, he's further behind in that,” Robert said.

Every morning Gabriel's mother packs lunch for him and every day she includes a little treat. However, his teacher thought he was spending too much time thinking about the treats his mom packed.

“It's 'I see a cookie, I'm going to eat a cookie.' And that's just, that's how his mind works,” Robert said.

When his mother left the treats out of his lunch, he became obsessed with the cookies in the school cafeteria.

“So one day I get a call from the teacher telling me that Gabriel had ran out of the classroom and just ran down the hall,” Robert said.

Someone at the elementary school thought Gabriel needed some additional guidance, from a police officer who came to the school, without notifying Gabriel’s parents.

An officer showed up to the school in full uniform, gun, badge and all.

Gabriel's teacher asked the officer why he was there, and the officer said they received an anonymous parent tip. The teacher assumed somebody had authorized the police officer to be there.

Robert said the teacher pointed out Gabriel over in the corner of the room, sitting on the floor. The officer went over to Gabriel, berating and belittling him, using scare tactics.

“And then he scolded the teacher on his way out, telling him that he needed to do a better job getting control of his students. Then, we were told he took a chair from the classroom, sat it outside in the hallway, and sat guard for over an hour as intimidation," Robert said.

Effective July 1, Mt. Washington Police Chief Marcus Laytham was fired by Mayor Stuart Owen for not investigating a case. The lawyer representing the Patton family said this is the case that he was fired over.

Owen told WDRB recently the reason for the removal is a change in leadership within the department.

Gabriel is now terrified of police, and his parents are looking for a new school and a new town.

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