FORT HOOD, Texas — The family of a Fort Hood soldier who committed suicide in 2020 is now taking legal action against the U.S. Army.
A legal claim filed on this week said Sgt. Elder Fernandes, 23, was driven to suicide after months of bullying for having reported to his superiors that he had been sexually assaulted.
Fernandes is reported to have been assaulted in April 2020 - just 3 months after relocating to Fort Hood, according to the legal filing.
An assignment - the family said - he received after extending his recently completed 4-year military contract.
Before Fort Hood, Fernandes is reported to have been stationed at Fort Leonard Wood in Missouri and then later in Germany.
An experience - the Massachusetts family said - ultimately grew, "his love of travel and the Army."
With his father being a police officer, the family said Fernandes had enlisted to "serve his county and follow in his father's footsteps."
The family is seeking $25 million dollars in damages due to "negligent care" the Army sergeant allegedly suffered at the Darnell Army Medical Center located on Fort Hood.
The family - including his wife - said they placed Fernandes in the facility on August 11, 2020, in a concerted effort to "protect him from any self-harm."
Just prior to their decision, Fernandes had been reported AWOL for three days and was found living on the streets before being recovered.
While at the hospital, Fernandes is said to have indicated to staff that he had recently contemplated, "stepping in front of a car."
Fernandes is also reported to have told staff that these suicidal thoughts were the result of having been sexually assaulted - alongside the sexual harassment he said came from his unit for having reported it.
Records show that 6-days after contacting the hospital for help with his suicidal thoughts, Fernandes was discharged on August 17.
In his discharge paperwork, the hospital noted that Fernandes denied having any, "plans or intent to harm or kill himself."
A statement in the claim tells a different story. Fernandes told Army officials, "I would have to kill myself if I have to go back to work.”
The initial assessment also said the sergeant "would benefit from separation from [his] environment."
However, court records show Fernandes was ultimately left "alone, isolated, and homeless" after being discharged to military unit personnel.
The same personnel - the lawsuit claims - that had been bullying Fernandes, leading him to contemplate and ultimately commit suicide.
Upon being discharged, Fernandes is reported to have been given a ride by Special Services to his vehicle.
However, after sitting parked for several days - it was unable to start - and it's reported that Fernandes was instead dropped off at a friend's residence.
Fernandes was left "alone on a stoop, without access to the residence or releasing him to the observation of anyone," according to the documents.
The claim also said Fernandes was marked AWOL a day after not showing up for an appointment at the medical center.
However, the hospital claims "non-working phone lines" prevented them from being properly notified.
Fernandes was last seen walking toward a Bell County interstate on the evening of August 18.
The family is claiming their son was released "on a street in Killeen, Texas, to fend for himself," upon being discharged.
The family is also claiming no search was initiated until his mother arrived in the state sometime after, "begging" officials to search for her son.
Fernandes's body was discovered eight days later by a bystander on August 25, hanging from a tree in Temple, Texas - about 30 miles from the military base.
Due to the deteriorated state of his body, the family said they were unable to hold an open casket funeral.
Recognized by the U.S. Army as a Gold Star family, the Fernandes family was given pins at his wake.
"It is with great sadness that we submit this demand," Brody, Hardoon, Perkins & Kesten, LLP said in a statement.
"There is nothing that can bring Elder back to his loved ones,"
"The hole that exists for all those that knew and loved him will always be there,
"We hope that Sergeant Fernandes’ death will not be in vain and that no other soldier will suffer as he did,
"The United States owes this much to his memory,
"This great country can and will do better."
The Pentagon has since released the following response:
"Every single suicide is one tragedy too many," Sgt. 1st Class Anthony Hewitt, U.S. Army spokesperson said.
"We remain saddened by the loss of Sgt. Elder Fernandes and for his family,
"The statute passed by Congress allows the filing of an administrative claim by the authorized representative of the deceased,
"The claim is being investigated by the U.S. Army Claims Service, but as a matter of policy, the Army does not disclose the particulars of ongoing claims investigations.“
