BALTIMORE — It's been a year-and-a-half since Kayla Hamilton, a woman with autism, was raped and strangled to death inside a home in Aberdeen.
DNA evidence collected at the crime scene led to the arrest of a 17-year-old El Salvadorian national.
U.S. Immigration and Customs Enforcement later confirmed Hamilton's alleged killer was a member of the violent MS-13 gang, and residing in the United States illegally.
Investigation revealed the suspect had rented a room inside the same mobile home as Hamilton, 20, and her boyfriend.
Although no motive's been revealed, Hamilton's family is demanding answers on how and why the teen was allowed into the country.
On Wednesday Hamilton family attorney Brian Claypool announced a $100 million wrongful death lawsuit against the U.S. Departments of Homeland Security (DHS) and Health and Human Services (DHHS).
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Claypool, who is based in California, accused DHS of committing "operational negligence" during the vetting and entry process at America's southern border in Texas.
"The killer had an MS-13 gang-related tattoo. DHS protocol calls for agents to look for these tattoos," Claypool wrote on Facebook while announcing the lawsuit. "The killer had been arrested in El Salvador in 2020 for being associated with an illicit gang. All DHS had to do was make one phone call to verify this and Kayla would be alive."
Claypool also alleges DHHS allowed the suspect to stay with an "unverified" sponsor, he claims was not a family member.
"DHHS then recklessly allows the killer to stay with an 'unverified' sponsor who was not a family member," added Claypool. "Within a month, he runs away and ends up renting a room in a trailer home with Kayla and her boyfriend."
Claypool even suggests that after the murder the suspect "was shockingly placed by DHHS into a group foster home."
Hamilton's mother Tammy Nobles on Thursday shared her story while testifying before the U.S. Congressional House Committee on Homeland Security.
According to Claypool, DHHS has not cooperated with the House Committee refusing to produce an audit report related to Hamilton's murder.
The family, Claypool says, hasn't even been provided her alleged killer's name.
"We bring this landmark lawsuit in honor of Kayla to get answers on how this catastrophic failure occurred and help prevent another senseless murder," said Claypool.
We reached out to DHS for comment and here's what they said:
“Our hearts go out to Ms. Hamilton’s family. We do not comment on pending litigation. The men and women of DHS take their responsibility to secure our homeland very seriously."
The U.S. Department of Health and Human Services also provided a statement:
The US Department of Health and Human Services (HHS) is deeply saddened by this tragic loss and our heart goes out to the family. HHS does not comment on potential litigation.
