The death of an 11-year-old autistic boy in Virginia has sparked heartbreak, anger, and serious questions about how vulnerable children are treated in school settings. According to a lawsuit filed by his mother, Joshua Sikes was confined inside what she describes as a “makeshift classroom prison,” where he begged for his mother and was allegedly left to injure himself for hours. His story is painful, emotional, and has now become the centre of a major legal battle.
Who was Joshua Sikes and what happened at school
Joshua Sikes was an 11-year-old boy with autism who attended Pembroke Elementary School in Virginia. His mother, Julie Xirau, has filed a lawsuit against Southeastern Cooperative Educational Programs (SECEP), a special education provider, along with four staff members.
According to the complaint, Joshua was placed in a confined space created using bookcases, shelves and straps. His mother claims this was done under the excuse of trying to “calm him down.” Inside this enclosed space, Joshua allegedly cried out for his mother repeatedly.
He is quoted in the lawsuit as saying things like:
- I want my mommy
- I miss my mommy
- No more angry bear
- I’m calm bear
These words, as described in the court documents, reflect the emotional distress of a child who was confused, scared and struggling to communicate.
Allegations of restraint, neglect and head injury
The lawsuit claims that while Joshua was restrained and secluded, he laid down and began kicking and hitting his head against the floor. The most disturbing allegation is that staff allegedly watched for hours and did not step in to help him.
Julie Xirau claims that instead of reporting the incident properly, staff contacted her later that afternoon and simply said Joshua was “misbehaving” and needed to be picked up. Trusting the school’s version of events, she told Joshua he would not be allowed to go trick-or-treating that evening. The complaint states that this devastated him, especially because he could not explain what had really happened to him.
What Joshua’s mother says she was not told
One of the strongest points in the lawsuit is that Joshua’s mother says she was never informed about:
- The use of confinement
- The physical restraints
- The head banging
- Any possible injury
The following day, Joshua appeared lethargic and withdrawn. His condition worsened, which led his mother to take him to the emergency room. However, because she had no idea about the alleged head trauma at school, she could not give doctors critical information that may have changed his treatment.
He was discharged and advised to see a paediatric neurologist. Tragically, Joshua passed away in his sleep in the early hours of November 3, 2024. The lawsuit states that he suffered brain death due to the head trauma allegedly caused during the incident at school.
Legal action and the $150 million lawsuit
Julie Xirau, along with her attorney Matthew J. Moynihan, is suing SECEP and four employees for $150 million. The lawsuit accuses staff of failing to:
- Protect Joshua from harm
- Call for medical help
- Inform the parent about the incident
- Report the true severity of what occurred
The complaint paints a picture of a system that, according to the family, failed at every level to protect a vulnerable child.
What authorities have said about the case
Local authorities did investigate the incident. The Virginia Beach Commonwealth’s Attorney stated there was “absolutely no evidence” that SECEP staff were criminally responsible. Child Protective Services also investigated and reportedly concluded that neglect was linked to an “unknown abuser,” and that claims of physical abuse by staff were unfounded.
This has created a sharp contrast between the family’s allegations and the official findings, which is likely to become a key issue as the civil case moves forward.
Timeline of key events
| Date | Event |
|---|---|
| October 31, 2024 | Joshua allegedly confined and injured at school |
| November 1–2, 2024 | Joshua becomes lethargic, taken to hospital |
| November 3, 2024 | Joshua passes away in his sleep |
| 2025–2026 | Lawsuit filed against SECEP and staff |
| Ongoing | Civil legal process continues |
Why this case has touched so many people
This case has struck a deep emotional chord because it involves a child with autism who had limited ability to communicate. It raises difficult questions about:
- The use of seclusion and restraint in special education
- How schools communicate with parents
- The protection of non-verbal or vulnerable children
- Accountability in education systems
For many families with neurodivergent children, Joshua’s story feels frighteningly close to home.
