A Whitley County man is suing the not-for-profit corporation that operates Pierceton Woods Academy Detention Center after a December incident where he was carjacked and shot by a runaway from the facility. In the filing dated July 8, provided by the Kosciusko County Clerk’s Office, the plaintiff, Johnny Couch, represented by Michael L. Valentine and Patti J. Taylor, alleges that Lifeline Youth and Family Services Inc., the defendant, had Dakota Kimbler, who was 17 at the time, in detention at the Academy Dec. 8 and had knowledge of Kimbler’s written plan for an escape involving a gun and a car. Kimbler escaped from Pierceton Woods Dec. 8 and stole a handgun out of a vehicle parked in the Paragon Medical parking lot next door, then hid in a vehicle leased to the plaintiff. Couch left work at Paragon Medical and got into his car in the parking lot to drive home. After entering Whitley County, Couch became aware that someone was in the backseat and turned to confront the person, now known as Kimbler. At that time, Kimbler then shot Couch. Couch was able to wrestle the handgun away from Kimbler, despite being shot, and held him at gunpoint while he called Whitley County Sheriff’s Department dispatch and waited for their arrival. The filing also alleges that the defendant knew of Kimbler’s escape plan and did nothing to thwart the plan, that a special relationship existed between the defendant and Kimbler, which arose out of the defendant’s duty to detain Kimbler. Pierceton Woods is also accused of failing to exercise proper control during Kimbler’s escape, gave no warning of the escape to its neighbor, Paragon Medical, in spite of the special advanced knowledge regarding Kimbler’s intent to escape. The filing continues to allege that Lifeline Youth was negligent for not properly supervising Kimbler, nor exercising additional supervision and warning Paragon Medical. As a result of the negligence, Couch allegedly suffered severe traumatic physical injury, some of which may be permanent; severe psychological damage; Post-Traumatic Stress Injury; medical expenses; and pain and suffering, past, present and future. The plaintiff asks for damages in an amount sufficient to compensate him for his injuries, for cost of the lawsuit and all other relief proper in the premises. Kimbler was arrested and booked into Whitley County Jail charged with attempted murder, along with attempted carjacking, a Class B felony; possession of stolen property, a Class D felony; and possession of a handgun without a license, a Class A misdemeanor. Indiana law provides that a 17-year-old person charged with attempted murder is subject to adult court jurisdiction.
