An 11-year-old Virginia boy with autism repeatedly cried for his “mommy” while being confined and secluded in what a lawsuit describes as a “makeshift classroom prison,” before later dying from head injuries, according to a legal filing by his mother.
Joshua Sikes was restrained at Pembroke Elementary School in October 2024, where employees with Southeastern Cooperative Educational Programs (SECEP) allegedly placed him in a confined space in an attempt to calm him, the lawsuit states. During the confinement, Joshua repeatedly said, “I want my mommy,” and “I miss my mommy,” according to the complaint obtained by Law&Crime.
The child also reportedly repeated phrases such as “No more angry bear” and “I’m calm bear,” which his mother says reflected his efforts to self-soothe. While being restrained and secluded, Joshua allegedly laid down, kicked, and struck his head against the floor. The complaint claims SECEP employees observed him for hours without intervening or seeking medical help.
According to the lawsuit, staff contacted Joshua’s mother, Julie Xirau, shortly after 2 p.m. on Oct. 31, 2024, telling her that Joshua was misbehaving and needed to be picked up. Believing the account provided by school staff, Xirau told her son he would not be allowed to go trick-or-treating that evening as a consequence. The complaint says Joshua was devastated and unable to communicate what had actually happened due to his limited verbal abilities.
Xirau alleges she was never informed that her son had been confined or injured. The lawsuit describes the “classroom prison” as an enclosure constructed with bookcases, shelves, and heavy-duty straps designed to restrict children’s movement.
The following day, Nov. 1, Joshua appeared lethargic and withdrawn. His condition worsened over the next two days, prompting Xirau to take him to the emergency room. Because she was unaware of the alleged head trauma, she could not relay that information to medical staff. Joshua was discharged with instructions to follow up with a pediatric neurologist.
Joshua died in his sleep during the early hours of Nov. 3, 2024. The lawsuit claims he suffered brain death caused by head trauma sustained in the classroom. Xirau discovered her son’s body in bed later that morning.
Xirau is suing SECEP and four employees for $150 million, alleging they failed to seek medical care, notify her of the confinement, or disclose his injuries. She and her attorney, Matthew J. Moynihan, also accuse staff of falsely portraying Joshua as simply “misbehaving.”
Local authorities investigated the death. Virginia Beach Commonwealth’s Attorney Colin Stolle reportedly found no evidence supporting claims that SECEP staff were responsible. Child Protective Services also investigated, linking alleged neglect to an “unknown abuser” and determining claims of physical abuse were unfounded, according to local NPR affiliate WHRV.
SECEP and the Virginia Beach attorney’s office did not respond to requests for comment.
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