Santa Rosa schools files cross complaint against students involved in fatal Montgomery High School stabbing

Days before criminal proceedings began in the Montgomery High School fatal stabbing, the teenage defendant was added to the wrongful death lawsuit filed by parents of the student killed in the March 1 altercation.

Daniel Pulido, however, wasn’t added to the lawsuit by Jayden Pienta’s parents; he and several others are now accused by the Santa Rosa City Schools district.

The district, which Travis Pienta and Misty Lenwell name in their Sept. 12 lawsuit, filed a cross complaint Oct. 20 that alleges others are responsible for the killing.

In California, a defendant may file a cross complaint if there's another party who isn’t part of a case but they believe is culpable and should be brought in.

In addition to Pulido and his parents, the district’s complaint names Maria Cervantes and her son, Juan Cruz, who played a role in the altercation that led to the killing.

The complaint alleges general negligence and strict liability.

“Cross-defendants Alejandra Pulido-Lugo and Jesus Pulido are the parents and/or guardians of minor Daniel Jesus Pulido,” the cross complaint states. “Maria Cervantes is the parent and/or guardian of minor Juan Carlos Cruz.

“As such, cross-defendants had duties to supervise, control and warn of the conduct of those minors. Cross-defendants breached those duties resulting in injuries to minor Jayden Pienta.”

The attorney for the district, Mark Peters, did not immediately return a call for comment Tuesday afternoon.

The civil matter is scheduled to go before Sonoma County Judge Christopher Honigsberg on Feb. 6 for a case management conference.

Civil suits are often drawn out unless settlements are reached and the case is unlikely to be resolved as quickly as Pulido’s criminal case, which concluded eight months after Pienta died.

On March 1, he and Cruz, who was 16 at the time, walked into an art class that was not theirs and started a fight with Pulido, who was accused of using a 4- to 5-inch folding knife to stab Pienta in his chest and back.

A forensic pathologist testified during the 15-day trial that the fatal blow was a chest wound that was 1½ inches deep. She added Pienta suffered two other wounds to his back, including one more than 4 inches deep.

Pienta died from his wounds at Santa Rosa Memorial Hospital. Cruz also suffered injuries, but his wounds were not considered serious.

Pulido, who was 15 at the time, fled campus before officers arrested him in a wooded area at Farmers Lane and Montgomery Drive.

The Sonoma County District Attorney’s Office charged Pulido with voluntary manslaughter and bringing a weapon on campus.

On Monday, Sonoma County Juvenile Court Judge Ken Gnoss concluded Pulido was not responsible for Pienta’s death, but found him responsible for bringing a weapon on campus.

While announcing his decision, Gnoss said Pienta was the “aggressor” in the fight and, with Cruz, came up with an “orchestrated plan” to attack Pulido.

He ordered Pulido to attend a Dec. 14 disposition hearing for the weapon charge and the teen may face up to two to four years in custody.

Michael Henderson, an attorney representing Pienta’s parents in their lawsuit, was present but said he would withhold comment until the disposition hearing.

In addition to the school district, the wrongful death lawsuit names Montgomery High School, district Superintendent Anna Trunnell, Montgomery Vice Principal Tyler Ahlborn and former Montgomery Principal Adam Paulson.

Pointing to March 1, when Pienta and his friends followed the group including Pulido, the family argues school officials were aware of the bad blood between the two factions.

School officials had passed them on a golf cart and should have known to step in and separate the groups, the family alleges.

The weekend after the stabbing, Paulson and Ahlborn were placed on leave for unspecified reasons. Only Ahlborn would return to work.

The Pienta family also contends he did not receive proper treatment after being stabbed, and a better response may have saved him.

The school district filed a response Oct. 20 denying the allegations.

“Defendants allege that the injuries alleged by plaintiffs, if any, were proximately caused by the acts of a third person or persons for which this defendant may not be held liable,” the response states.

Pulido’s parents also declined to comment following Monday’s hearing and could not be reached Tuesday.

You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com. On Twitter @colin_atagi