An 11-year-old boy from Virginia with autism reportedly pleaded for his “mommy” while being held in a “makeshift classroom prison,” as per a lawsuit initiated by his mother. Tragically, the child succumbed to injuries after hitting his head on the floor, the legal action reveals.

According to a filed complaint accessed by Law&Crime, Joshua Sikes expressed his distress while confined at Pembroke Elementary School in October 2024. His mother, Julie Xirau, has filed this lawsuit against Southeastern Cooperative Educational Programs, an organization providing special education services.

The complaint details that Joshua voiced his longing for his mother after being placed in the “makeshift classroom prison,” which was intended to “calm him down.”

Repeatedly, Joshua is said to have uttered, “No more angry bear,” followed by, “I’m calm bear,” as documented by his mother.

The lawsuit claims that while Joshua was “restrained and secluded,” he lay on the floor, kicking and striking his head. It further alleges that employees of SECEP stood by for hours without offering assistance.

“Shortly after 2 p.m. on October 31, 2024, satisfied that they had sufficiently agitated Joshua for purposes of creating a paper trail to remove Joshua from the classroom, [SECEP staff] called Joshua’s mother, Julie, and informed her that Joshua was misbehaving and needed to be picked up from school,” the complaint says. “Believing that the professionals tasked with ensuring Joshua’s safety were truthful in the representation, Julie told Joshua that he would not be able to go trick-or-treating that night, as a consequence for his alleged ‘misbehavior’ as reported to Julie.”

Not being able to go trick-or-treating left Joshua “devastated,” and his limited verbal skills left him unable to articulate “the truth about the horrific way he was treated,” the complaint alleges. His mother says she was also completely unaware that Joshua had been injured in the “classroom prison,” which was allegedly constructed using bookcases, bookshelves, and “heavy-duty” straps that held furniture together to keep children from having freedom of movement.

“No one told her about what happened and what they did,” the complaint says. “The following day, Nov. 1, 2024, Joshua was increasingly lethargic and withdrawn. Julie and Joshua’s caretaker monitored him throughout the day, which was a day off from school. As Joshua’s condition worsened over Nov. 1 and into Nov. 2, Julie became concerned and took Joshua to the emergency room for an examination.”

Xirau says she was unable to recount to the medical professionals at the emergency room about the alleged head trauma because she was still unaware of what happened and what was done to Joshua in the classroom. The hospital discharged Joshua and gave his mother instructions to schedule an appointment with a pediatric neurologist.

“Sadly, Julie was never able to take Joshua to that appointment with a pediatric neurologist, as Joshua passed away in his sleep during the early hours of Nov. 3, 2024, suffering brain death from the head trauma that happened in the classroom,” the complaint says. “Julie, living a nightmare no parent should ever have to endure, discovered Joshua’s body in bed, right where she had tucked him in just hours before.”

Xirau, who is from Virginia Beach, is suing SECEP and four employees for $150 million. She and her attorney, Matthew J. Moynihan, have accused them of not calling for a nurse or telling Xirau about the confinement and injuries, only that he had been “misbehaving,” she says.

Local authorities investigated the incident and Joshua’s death. Virginia Beach Commonwealth’s Attorney Colin Stolle determined there was “absolutely no evidence to support” allegations that SECEP staff was to blame, according to local NPR affiliate WHRV.

Child Protection Services was contacted and reportedly probed Joshua’s death, as well, but the alleged neglect was linked to “an unknown abuser.” Claims of physical abuse were also determined to be unfounded, WHRV reports.

SECEP and the Virginia Beach attorney’s office did not respond to Law&Crime’s requests for comment on Tuesday.