Boys' lawsuit causes rift in Ronan

The formal legal battle has barely begun, but the lawsuit is already being played out in and around Ronan in the court of public opinion.

Last month, the parents of Justin Benoist and Frank "Frankie" Nicolai III filed suit against Ronan School District 30, alleging the district was negligent and could have prevented the deaths of the two boys. The boys were reported missing on Friday, Feb. 27, and were found dead in a field about one-half mile southeast of Ronan on Monday, March 1.

Benoist's death was caused by hypothermia with alcohol toxicity listed as a contributing factor, while Nicolai died of severe alcohol toxicity, according to results from the state crime lab in Missoula.

The original lawsuit sought $4 million in damages, but was later amended to let damages be decided by a jury. Regardless, it has provoked a strong reaction in and around Ronan, as the community grapples with issues of alcohol abuse, parental responsibility, schools' roles, and other legal issues surrounding the deaths.

At the heart of the lawsuit is whether a school district can or should be held accountable for events that ultimately took place off school property and after school hours. For many Ronan residents, holding the school district accountable just doesn't add up.

"I don't think there should be a lawsuit. People should raise their own children, not the school," said Ronan resident Georgia Koll. "All I think is that it's not the school's fault."

The suit has caused folks like Koll to question whether the parents are taking enough responsibility, if any, for their sons' deaths. The fact that Benoist's older brother died an alcohol-related death in a trailer fire last year has led many residents to cast doubt on the merits of suing the school district.

On Nov. 28, 2003, a mobile home fire in Pablo claimed the life of 14-year-old Tyler Benoist, Justin's brother. At the time, Lake County Undersheriff and Coroner Mike Sargeant said the cause of death was smoke inhalation, but that Tyler Benoist had a BAC of .23, more than double the legal limit for adults.

"I feel sorry for the parents, but they are responsible, not the school. I think they are trying to make themselves feel better and get a little money out of it," said Ronan resident Opal Amos. "People should police their own children, not the schools."

Amos said she's not a member of the Confederated Salish and Kootenai Tribe, but that she's part Cherokee. She said the fact that both boys were Tribal members is irrelevant.

"It wouldn't matter whether they were Tribal or white. It's a tragedy - that's for sure," said Amos.

The lawsuit has brought the boys' tribal status to the forefront, though, by claiming the school district is negligent in not hiring enough Native American teachers who would, according to the suit, be more sensitive to the needs of Tribal students. In doing so, the lawsuit has highlighted a sensitive issue in the community - alcohol abuse - an issue many folks say is private family matter, not one to sue the school district over.

"I believe the family raises the kids and the schools educate. The school is for educating," Koll said.

"That's my first question - where were the parents? These people are blaming the school, but where were the parents when those boys were drinking?" Zon Lloyd asked. "I'm with the school district on this. I think the lawsuit is ridiculous."

Many residents like Lloyd did not hesitate to speak their minds when asked about the lawsuit. Others were happy to voice their opinion, but did not want to be quoted by name in a local newspaper, citing the sensitivity of the case.

Confederated Salish and Kootenai officials also declined to comment on the case.

The suit has led to questions about just what, if anything, a public school can do to prevent students from leaving early. Both boys were at school that morning, the suit says, but were counted absent later in the day.

"The schools should have it so you can't leave, but these days, you aren't even allowed to really even punish students, so I'm not sure what they (the school district) can do," Koll said.

Adding to the conflict surrounding the case is the fact that the original lawyer retained to handle the parents' suit is under a 90-day suspension from practicing law due to an unrelated case, and another lawyer has been brought in, all of which causes a credibility issue, some folks say. Great Falls attorney Melody Brown is representing the parents.

"I'm no fan of lawyers, but I think we have some good ones around here (locally). At least it's not a local lawyer handling the case," Lloyd said.

One month later, the school district has yet to be formally served with the suit, and officials won't comment until they are, said Ronan superintendent Andy Holmlund.