Family sues school, sheriff over teen’s suicide just days after his arrest, expulsion over a vape pen — and his grandparents are still fighting for change

Charlestown, Indiana – The family of 15-year-old Jase Emily, who took his own life after being detained and expelled over a vaping device that contained marijuana, has taken legal action. The claim asserts that the teenager’s constitutional rights were violated during the incident by the sheriff’s office and the school district.

Jase was a talented football player at Charlestown High School who died by suicide on May 20, 2023, just seventy-two hours after being arrested at school on May 17. According to WHAS 11, he was taken into custody after School Resource Officer Kevin Fischer discovered a vape pen containing marijuana extract inside his locker.

Jase’s family expressed worry about his expulsion from school, which prevented him from playing football, in addition to his arrest. They firmly feel that, in light of the offense, the penalty was unduly severe. Born on November 3, 2007, in Louisville, Kentucky, Jase was remembered by relatives as a kind, empathetic teenager who loved his family, played video games, and listened to music. At a football game following his death, Charlestown cheerleaders wore blue T-shirts reading “In Loving Memory of Jase Emily,” while players placed stickers with his initials, “JE,” on their helmets.

Mother of Jase, Elyce, shared her thoughts, saying, “Learning that he wouldn’t be able to continue playing the following year was quite challenging for him. It wasn’t until after he left that we fully realized the impact it could have on him.”

The family’s attorney, Gordon Ingle, argues that Jase’s locker investigation and questioning by the Greater Clark County School District and Clark County Sheriff’s Office exceeded their authority. Ingle contended that they had no legal justification for looking into his locker and that it was illegal for them to question him and carry out a criminal investigation. Ingle asserts that adults should give minors the chance to speak with a parent or other responsible adult before conversing with them. One way to describe this incident is as an example of law enforcement overreaching. Evan Bardach, an attorney with the Ingle Law Office who is also representing the Emily family, put it bluntly, describing the search of the locker and the questioning of Jase without his parents present as a criminal investigation that began before anyone reached out to his family.

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After being placed in handcuffs at school and taken to the Clark County Juvenile Detention Center, Elyce explained how humiliated Jase felt. He told his family he had been handcuffed and shackled in front of others, and she added that she didn’t find out about the arrest until after he had been taken away. He was later picked up from the detention center by a parent.

The arrest file states that marijuana was found in the vape pen that was recovered with Jase, and that the specific brand had an 83% THC content.

The Emilys filed their claim alleging that the school and the police department violated the adolescent’s constitutional rights by unlawfully detaining and apprehending him without authorization.

Elyce stressed, “There’s a lack of admission of their wrongdoing. Our goal is to prevent other families from enduring the same ordeal. While we wish for Jase’s return, it remains an unattainable outcome.”

It is imperative to bring attention to the district’s student handbook, which states unequivocally that using vape pens or e-cigarettes on school property is prohibited for any reason. The handbook also lays out that a student found to possess or be under the influence of a drug on school grounds faces a suspension of no fewer than five days, possible arrest, and the start of expulsion proceedings — the exact chain of events the Emily family argues spiraled into tragedy.

Grandparents keep pressing the school board for change

The family’s fight did not end with the original claim. More than a year after Jase’s death, his grandparents, Judy and William “Bill” Gibson, stood before the Greater Clark County Schools board and handed each member a binder filled with articles, research, correspondence, and the laws they believe show the district violated Jase’s constitutional rights. Judy Gibson pointed out that her grandson was a non-violent 15-year-old who carried a 4.6 grade-point average. “Jase was the sweetest most kind-hearted young man you would ever want to meet,” Bill Gibson said, adding that his heart aches knowing “this ray of sunlight is never to shine on us.”

The Gibsons have specifically called on the board to replace the Charlestown High School resource officer with a city police officer. Greater Clark County Schools Superintendent Mark Laughner said he could not comment because of the pending litigation, and the board took no action at the meeting. The grandparents told WHAS11 they intend to keep showing up and keep pushing until something changes.

For families and students grappling with how strict zero-tolerance discipline can collide with a teenager’s mental health, the case has become a rallying point in the wider debate over how schools handle vaping and how police interact with minors on campus.

If you or someone you know is struggling or in crisis, help is available. In the U.S., call or text 988 to reach the Suicide and Crisis Lifeline, or visit 988lifeline.org.

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