ALL NEWS

Susan Powell’s parents win appeal in deaths of Charlie, Braden

Jan 10, 2019, 4:15 PM | Updated: 6:00 pm

powell death lawsuit appeal...

The ruins of Josh Powell's home in Graham, Washington after he murdered his children. Feb. 7, 2012. (Photo: Ravell Call, Deseret News)

(Photo: Ravell Call, Deseret News)

SEATTLE — A wrongful-death lawsuit involving the children of Susan and Josh Powell is headed to trial.

The 9th Circuit Court of Appeals has ruled in favor of Susan Powell’s parents in the long-standing dispute over the deaths of their grandsons, Charlie and Braden Powell.

The ruling clears the way for Chuck and Judy Cox’s wrongful death lawsuit against the state of Washington to go to trial.

The Coxes filed the lawsuit in 2013, after Josh Powell killed the boys and himself and caused his rental home to explode in Graham, Washington. The boys were supposed to be visiting their father with supervision from the state, but the supervisor told dispatchers they ran ahead of her and Powell closed the door before she could get in. The Coxes argued the state of Washington failed to protect Braden and Charlie, 5 and 7-years-old.

In the opinion written by Judge Leslie Kobayashi, the 9th Circuit Court of Appeals found there was not enough evidence to show the social workers should have known Josh Powell would hurt his sons.

“While we disagree with the district court’s characterization of the evidence, we recognize how difficult it is for social workers to sift through safety fears and concerns, and to make reasoned and expeditious judgments about the risk of harm,” Kobayashi wrote. “In hindsight, family members’ concerns about Joshua physically harming the two boys were heartbreakingly prescient… The initial visiting plan identified a potential safety issue related to the risk that Joshua might flee with the two boys, but not that he might cause them serious physical harm.”

However, the panel ruled there were enough questions of fact about the Washington Department of Social and Health Services’ execution of its duty to the boys that the case could be sent back to trial.

“Material issues of fact exist regarding whether DSHS used reasonable care to avoid placing the boys in harm’s way, including: (1) determining Joshua’s visitation location; (2) facilitating the February 5, 2012 visitation; and (3) training its social workers to conduct visitations. There also exists material issues of fact as to whether DSHS’s actions proximately caused the boys to be placed in harm’s way,” Kobayashi wrote.

Charlie and Braden were removed from Josh Powell’s care and placed with the Coxes in 2011, after police discovered child pornography and other problematic material at the home of Powell’s father, Steven. The boys initially visited their father under supervision at a DSHS facility, but later on, those visits were allowed to take place at a home Powell rented apart from his father’s home.

Early in 2012, as the custody dispute continued, Powell tried to have the boys placed back with him or with his pastor, but the request was denied and he was ordered to undergo a psychosexual examination. The murder-suicide that resulted in the deaths of Powell and his sons took place on the date of their next supervised visit, Feb. 5, 2012.

The appeals court ruling means the wrongful death lawsuit can now proceed to a trial.

Susan Powell disappeared in Dec. 2009. Her husband, Josh, was identified early on as a person of interest in the case.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Today’s Top Stories

All News

The OLRGC released an analysis of the expected topics to be discussed during a special session of t...

Simone Seikaly

Extending state flooding emergency, firearm restrictions, among topics for Utah special session

The OLRGC released an analysis of the expected topics to be discussed during a special session of the legislature.

11 months ago

A video recorded by Facebook user Larry Jacquez shows the police response following the shooting in...

Jamiel Lynch, CNN     

At least 3 people killed and 2 officers wounded in a shooting in Farmington, New Mexico, police say

Multiple people were shot and at least three killed in a shooting in Farmington, New Mexico, police said in a Facebook post.

11 months ago

A new release from Intermountain Healthcare shows that younger adults are becoming more susceptible...

Waverly Golden

Younger adults are becoming more susceptible to strokes

A new release from Intermountain Healthcare shows that younger adults are becoming more susceptible to stroke.

11 months ago

If you plan to camp over Memorial Day Weekend, you may want to begin the planning process now....

Allessandra Harris

Camping over Memorial Day Weekend? Plan ahead

If you plan to camp over Memorial Day Weekend, you may want to begin the planning process now.

11 months ago

slcpd on the scene of the deaths...

Josh Ellis

Police: Teen killed by father in murder-suicide in SLC office building

Police responded to the office complex near 3000 S. Highland Drive on Saturday after emergency responders received a call from a community member who reported finding a body.

11 months ago

Melissa Coleman crouches next to her husband, , Brad Coleman, of North Ogden, who sits in a wheelch...

Jenny Carpenter, KSL.com

Young stroke victim survives with quick, lifesaving treatment in northern Utah

After a 36-year-old man had a stroke, he and his wife say to be aware of the signs of stroke and that young people are also at risk.

11 months ago

Sponsored Articles

close up of rose marvel saliva blooms in purple...

Shannon Cavalero

Drought Tolerant Perennials for Utah

The best drought tolerant plants for Utah can handle high elevations, alkaline soils, excessive exposure to wind, and use of secondary water.

Group of cheerful team members high fiving each other...

Visit Bear Lake

How To Plan a Business Retreat in Bear Lake This Spring

Are you wondering how to plan a business retreat this spring? Read our sample itinerary to plan a team getaway to Bear Lake.

Cheerful young woman writing an assignment while sitting at desk between two classmates during clas...

BYU EMBA at the Marriott School of Business

Hear it Firsthand: 6 Students Share Their Executive MBA Experience at BYU’s Marriott School of Business

The Executive MBA program at BYU offers great opportunities. Hear experiences straight from students enrolled in the program.

Skier being towed by a rider on a horse. Skijoring....

Bear Lake Convention and Visitors Bureau

Looking for a New Winter Activity? Try Skijoring in Bear Lake

Skijoring is when someone on skis is pulled by a horse, dog, animal, or motor vehicle. The driver leads the skiers through an obstacle course over jumps, hoops, and gates.

Banner with Cervical Cancer Awareness Realistic Ribbon...

Intermountain Health

Five Common Causes of Cervical Cancer – and What You Can Do to Lower Your Risk

January is National Cervical Cancer Awareness month and cancer experts at Intermountain Health are working to educate women about cervical cancer.

Kid holding a cisco fish at winterfest...

Bear Lake Convention and Visitors Bureau

Get Ready for Fun at the 2023 Bear Lake Monster Winterfest

The Bear Lake Monster Winterfest is an annual weekend event jam-packed full of fun activities the whole family can enjoy.

Susan Powell’s parents win appeal in deaths of Charlie, Braden