Family of teen shot and killed at Louisville bus stop files suit against JCPS

LOUISVILLE, Ky. (WDRB) -- The family of a 16-year-old shot and killed at a school bus stop last year claims Jefferson County Public Schools didn’t do enough to warn parents and protect students.

On Wednesday, Louisville attorneys Kirsten Daniel and Stephanie Rivas filed a lawsuit against Jefferson County Public Schools on behalf of the mother of Tyree Smith.

“It's because after Tyree was killed and his family went to try to talk to JCPS about accountability and how did this happen, they kind of brushed her off and even gave her, what we believe might be, false information about previous shootings near that bus stop," said Daniel.

In September 2021, the Eastern High School student was shot and killed while waiting at a bus stop on West Chestnut and Dr. W.J. Hodge streets. Police eventually arrested two teenagers in connection with the murder, but the lawsuit names JCPS superintendent Dr. Marty Pollio and several other school officials.

“The people named in the lawsuit knew that there were threats of violence and actual shootings at the bus stop before and they didn't do anything to even warn the parents adequately, or change the bus stop or have security there for the kids," Daniel explained.

The lawsuit also alleges there was gang activity at a bus depot earlier that month, where students were confronted by the suspects. But despite all of that, the suit claims parents were not warned about the possible threats.

“We have to entrust them with our children. We don't have a choice, they have to go to school. Those moms like me who have to work; we don't have a choice. We have to put them on the bus and let them go to school and they should be safe or reasonably safe," Daniel said. "JCPS did not do nearly enough to keep them safe. A 16-year-old waiting for the bus should not have to worry about being killed. His sister was with him. I mean, this is beyond the pale of what should happen. It's awful."

After the shooting, WDRB News talked exclusively to Smith’s heartbroken younger sister.

"I just heard gunshots and I took off running," explained Salena Smith-Garrett, Tyree Smith’s sister. “I'd say it was about nine to 11 shots at the most, I can't pinpoint how many, I just know it was traumatizing. It happened fast, but it replayed in slow motion in my head."

Smith-Garrett also talked about prior shootings at the bus stop.

"We are getting close to our bus stop and the dudes yelled out 'get across the street, get across the street,'" she said.

It was two weeks before the shooting that killed her brother, but Smith-Garrett felt confident that the warning came from the suspects who were eventually arrested in the case.

Demaurion Moore and Mekhi Cable were arrested and charged in the shooting that killed Smith and injured a 13-year-old boy and 14-year-old girl.

After the tragedy, the bus stop was moved. Attorneys for the family say it should have happened sooner.

“But what it shows to me is that they could have done that before Tyree got murdered,” said Daniel. “And they certainly had the information they needed to know that this bus stop was unreasonably and horribly dangerous to these children when this shooting happened. There were not just Tyree and a sister at the bus stop, there were many kids at this bus stop, that could have been killed. And it's just beyond horrific to me that they didn't do more to warn and also they could have moved the bus stop and they didn't bother to.”

WDRB News has reached out to JCPS, but a spokesperson said the district does not comment on pending lawsuits.

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