Wayne Treacy, Teen Charged With Attempted Murder, Sues For Education In Jail

Florida teenager Wayne Treacy is suing the Broward County school board and sheriff's department for denying him adequate education while he is in jail.

Treacy is being charged, as an adult, with attempted murder in the beating of Josie Lou Ratley.

Ratley, now 17, was left brain damaged after being brutally beaten and stomped on with steel-toed boots. The incident allegedly occurred after a text message exchange between the two teens.

The trial is ongoing -- and Treacy's lawyers are currently pursuing a mental health defense.

Now, Treacy has filed a lawsuit alleging he is receiving inadequate education while in jail.

The Sun Sentinel reports,

State law mandates education for underage suspects charged with crimes, and jails work with school districts to make sure 25 hours of instruction per week is provided in juvenile detention facilities. But the situation gets complicated with those charged as adults because they are no longer in juvenile custody and, until now, no one has claimed to be shortchanged.

Treacy is not seeking financial compensation, just an increase in educational resources available to him behind bars.

According to NBC Miami, the 16-year-old claims that he is receiving less than five hours a week of instruction.

Treacy has yet to be convicted of the crime and his lawyer argues that the inadequate education will inhibit the teen's life if he is acquitted.

Treacy's lawyer told The Sun Sentinel,

"What about the kid who's found not guilty?" [Greg] Durden said. "What do we tell him after he's been in jail, not gotten any education, and then gets released with no training except being an inmate?"

Superintendent Jim Notter has said the school district will be looking into the issue to see if Treacy is receiving adequate schooling.

Comments

[Dmacc502]

11:08 AM on 12/06/2010

If he wanted the education, he would have been in school instead of beating young men.I would just give him a book!!

[onwisconsin]

12:23 AM on 12/07/2010

So, you've tried and convicted this boy? Isn't that a bit premature? Doesn't he deserve an education while in custody awaiting the outcome of a supposedly unbiased trial?

Or at least that's the way I read jurisprudence in the U.S.. It could easily have changed.

[Schmice]

06:04 PM on 12/08/2010

I understand and agree with you. The only problem that I see is that he may invoke a mental health defense. That says that he did it BUT because of some mental disease or defect he did not have the necessary capacity to reflect on what he was doing and could not formulate the specific intent necessary for attempted murder. In short, he did it but was mentally ill.

It is admirable that he wants an education now. I wonder what his scholastic record was when he committed the crime. At least now, he cannot be truant.

[iuriggs6]

10:53 AM on 12/06/2010

If he really wanted an education maybe he should not have tried to murder somebody.

[captainindustry]

02:12 AM on 12/06/2010

There are lots of online educational programs. Commercially, there is K12.com for home schoolers and such. They could get him a subscription to Novanet or several other online, self paced educational programs. They might avoid the cost of a serious lawsuit by loaning him a laptop.

I'm also sure that there are some compassionate people out there who would be willing to help him.

[onwisconsin]

05:50 PM on 12/05/2010

Let's see...the comments below seem to indicate that the child doesn't deserve an education.

However, under our system of jurisprudence, we must assume he is innocent until proven guilty. Therefore, even though he is in custody, his right to an education should not be denied to him. Five hours of educational service a week? Hardly seems like enough to prepare a young person for the future. The school district will no doubt deliver far more services.

[Kalie]

06:49 PM on 12/04/2010

And they are pursuing a mental illness defense? Someone that is mentally ill would not be pursuing an education in jail.... give me a break.

[HazMat5]

09:36 PM on 12/04/2010

mental illness defense is not synonymous with unfit to stand trial
if it were the latter, then I'd agree with you
but since it's the former... a) there's no reason for him not pursue education while awaiting trial and b) almost any shrink would tell you that spending 25 hrs/week outside of his cell and engaging in positive constructive behavior would be good for any prisoner and the overwhelming majority of the mentally ill.

[Kalie]

06:46 PM on 12/04/2010

Jeez. Maybe he should have thought about getting an education before he nearly beat someone to death. The atrocities out of Florida seem endless. And someone should tell the criminals that jail is not Disneyworld. Its a place where you go, and they actually take away your rights!!!!!!!!!!!!!!! Get it?

[SF TKF]

11:37 AM on 12/05/2010

He is innocent until proven guilty and has a legal right to an education. Period.