Student accused in drug overdose death plans to sue school district

STAFF REPORT

NEW CASTLE, Pa. — A teenager who was accused in the drug overdose death of a classmate has indicated he may sue the New Castle schools.

Joshua Stewart, 17, of New Castle, filed a writ of summons in Lawrence County Common Pleas court earlier this month.

The writ notifies the school district that Stewart has “commenced an action” including claims of discrimination, defamation, negligence, intentional infliction of emotional distress, negligent infliction of emotional distress and conspiracy.

Stewart was adjudicated delinquent after a hearing last March in which classmates testified they heard and saw him sell pills to Erica Jo Million, 16, in a classroom Feb. 27, 2007.

She fell unconscious later that day at school and died five days later.

Stewart was adjudicated delinquent on allegations of selling Million oxycodone, the drug that killed her.

But the county district attorney’s office could not prove that the pills she took were the same ones Stewart sold her. So he was cleared in her death.

George Gabriel, superintendent of New Castle schools, could not be reached to comment.