Tortuous Killing of Timothy Paul Stone

After the Kidnapping and Death of Their Father, Federal Judge Susan M. Brnovich Followed the Defendant Officials in Keeping the Children with Their Captors and Preventing Their Day in Court

The 'Wrongful Death' and 'Civil Rights' lawsuit filed in Federal Court tells of a troubling chain of events involving a continuing kidnapping, protection orders, law enforcement inaction, and the death of Arizona father, Timothy Paul Stone.

The civil lawsuit, brought by Timothy's parents, Reverend John Stone and Shirley Stone, raises serious questions about the protection of vulnerable adult and children, the enforcement of court orders, and the responsibilities of public officials when families report imminent danger. The lawsuit seeks accountability for what the plaintiffs describe as a series of failures that culminated in the death of Timothy Paul Stone on March 2, 2024, after 54-days of attempting to retrieve his children.

A Family in Crisis

According to the court filings, Timothy was a dedicated father of three boys, two of whom had been diagnosed with autism. He was employed by Cox Communications for 12-years and had lived with Type 1 diabetes since childhood.  The lawsuit provided that Timothy became the children's primary custodial parent after his estranged wife, Sarea McCree, abandoned the family and relocated to Nevada in March 2023. Court proceedings that followed reportedly resulted in protection orders intended to protect both Timothy and the children from alleged threats of kidnapping and harm. The Stones had presented proof that the legal system had already recognized concerns regarding the children's safety months before the events that would unfold on January 9, 2024.

January 9, 2024: The Day Everything Changed

The lawsuit stated that on January 9, 2024, Timothy was hospitalized during a serious diabetic emergency. While he was awaiting his release, Brittany Houston, the babysitter and household resident, took his automobile and removed his three children from their home without authorization. The children were transported and delivered to Sarea and her sister, Heiress Dupree, despite existing court orders that prohibited contact between them. When Stone returned home from the hospital and discovered his children were gone, he immediately contacted law enforcement. What followed forms the core of the Stones' claims.

Claims of Inaction

The lawsuit claims that local law enforcement officers were informed that the children had been taken without permission and were made aware of the existence of valid protection orders.  According to the complaint, officers acknowledged the court orders and recognized the potential danger posed to the children, yet no meaningful effort was made to recover them. The Stones also professed that Timothy and his family repeatedly contacted police departments, elected officials, judges, and state agencies seeking assistance; more than 200 notices, complaints, reports, emails, and communications were said sent to various government officials during the days of non-action. Among those contacted, according to the lawsuit, were representatives of the Governor's Office, the Attorney General's Office, local police leadership, and members of the judiciary. The Stones assert that despite these repeated warnings, no agency took effective action to secure the return of the children.

The Human Cost

As the weeks passed, Timothy reportedly became increasingly desperate to locate and recover his children. The lawsuit describes a father caught between a medical condition that required careful management and an escalating emotional crisis involving the loss of contact with his children. Family members witnessed the ongoing separation, combined with the stress of navigating the legal system and seeking help from authorities, severely affected his health. On March 2, 2024—54 days after the children were taken—Timothy was found dead in his apartment. The lawsuit contends that the emotional trauma associated with the kidnapping and the subsequent failures of authorities directly contributed to his death.

What Happened After His Death?

The controversy did not end with Timothy's passing. According to the complaint, hearings were held after his death concerning emergency motions that had been filed in an effort to rescue the children and enforce existing court orders. The lawsuit stated that the court declined to address key issues surrounding the children's welfare and that opportunities to present evidence regarding their safety were denied. The lawsuit further claimed that the children remained separated from their paternal family and that concerns regarding their well-being continue today.

Protection Orders Issued, Ignored to Not Enforce

Beyond the specific facts of one family's tragedy, the Stone's case raises broader questions about how government agencies respond when parents report that children are in danger.

In Timothy's last motion filed with the municipal court and entered as an exhibit with their 'Emergency Motions", he told the court, "The defendant (Sarea) has displayed to this Court that She is subject to disregard any Order this Court issues. The defendant has also shown that she will abandon her Children whenever she feels like it. She believes there should be NO consequences for emotionally abusing her children. The defendant knows that 2 of her children are autistic. The defendant's acts against her children are “Cold-Blooded”. The plaintiff has evidence where the defendant made sure the children were watching her attempt suicide on 2-separate occasions, the a few months later abandoning the family when she fled to Las Vegas, NV."

The above was evidenced in the court filings indicating why the protection order were against the mother and why the grandparents are concerned. Municipal Judge Michael Parascandola, a defendant, dismissed the protection order he gave the children, taking away their protection, violating their constitutional rights because their dad had died.

The lawsuit challenges whether existing child-protection systems function effectively when multiple agencies possess information about the harm or possible harm but fail to coordinate action. It also raises questions regarding accountability when court orders exist but are not enforced.

The Insurance Dispute

The case also involves a dispute over life insurance benefits. Following Timothy's death, the plaintiffs contend that they submitted extensive documentation to Metropolitan Life Insurance Company (MetLife) challenging the eligibility of the policy's primary beneficiary. The lawsuit alleges that despite receiving numerous documents and communications concerning the circumstances surrounding Timothy's death, the insurer ultimately declined to disqualify the beneficiary, Sarea. As a result, the complaint includes claims involving insurance benefits, fiduciary duties, and related financial damages.

The Legal Claims

The Stones filed the wrongful death claim, under Arizona Revised Statute § 12-612, which states that minor children are "parties in interest" (statutory beneficiaries) and that the statute explicitly requires the lawsuit to be filed on their behalf. ARS 12-612 designates surviving spouses, children, and parents as the primary statutory beneficiaries. But Judge Brnovich ruled that the children were "not parties in interest" and questioned the grandparents' "standing".

The federal lawsuit contains a wide range of allegations, including:

• Wrongful Death
• Civil rights violations
• Custodial interference
• Kidnapping and false imprisonment
• Conspiracy to violate civil rights
• Negligence
• Emotional distress
• Elder abuse
• Child endangerment
• Vulnerable Adult and Child abuse
• Insurance-related claims
• Breach of fiduciary duty

The defendants named in the lawsuit include private individuals, law enforcement personnel, public officials, judges, and corporate entities. At this stage, the claims asserted by the plaintiffs had not been addressed in court by a jury, and as such, the Stones and their grandchildren were denied due process of law, and the "Order is Void" for "Fraud on Court".

Why This Case Matters

For the Stone family, the case is about far more than legal claims or financial damages. They argue that it concerns the constitutional rights of children, the government’s duty to protect vulnerable individuals, and the responsibility of institutions to follow the law and act when lives are at stake. In their view, the litigation should have been allowed to move forward, and the questions at issue should have been examined by a jury rather than decided by what they believe was a partial judge acting on camaraderie rather than statutory law.

The US Constitution and Case Law Provides the Following:

Article VI Clause 2 declares: This Constitution, and the laws of the United States which shall be made in pursuance thereof; [...] under the authority of the United States, shall be the supreme law of the land...

"The concept of the written constitution is that it defines the authority of government and its limits, that government is the creature of the constitution and cannot do what it does not authorize and must not do what it forbids."

In Marbury v. Madison: 5 US 137 (1803) it is stated that "The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.

Chief Justice Taney similarly stated that, "so long as the Constitution remains in its present form, it speaks “not only in the same words, but with the same meaning and intent” as when it was framed, ratified, and adopted by the people of the United States. "Scott v. Sandford, 60 U.S. 393, 426 (1857).

[...] judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding acting upon seditious legislative acts joins the conspiracy of subversion; “[...] if then the courts are to regard the constitution and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.

Supreme Court Justice Field stated, "There is no such thing as a power of inherent sovereignty in the government of the United States... In this country, sovereignty resides in the people, [...]" Juliard v. Greeman, 110 U.S. 421 (1884)

"The recognition of children's right to be heard and to participate in decision-making processes is an essential aspect of their civil rights in the United States. This principle is rooted in various international conventions, most notably the United Nations Convention on the Rights of the Child (UNCRC), which emphasizes that children should have the opportunity to express their views freely on all matters that affect them."

Children Violated, Statutory Rights Denied

The Stones contend that within days of filing the complaint they and their three grandchildren were retaliated against by Federal District Court Judge Susan M. Brnovich. Judge Brnovich set-forth in her May 28, 2026, order that she did not believe that the three minor children were kidnapped and were in much DANGER.

On November 19, 2025, the Stones filed an EMERGENCY MOTION, with correlating documents, that justified the "rescue' of the children. Judge Brnovich had before her all the evidence that she has now. Judge Brnovich knew that all three kidnappers had valid protections orders against them and that all three children and their father were the petitioning plaintiffs on those protection orders. The kidnappers were not to come near the children or the father because they were a danger to them. The kidnappers had crossed from Nevada to Arizona to severely injure the kid's father and kidnap the children. Court documents provided that the kidnappers had threatened to "MESS UP" the father and kidnap the kids on April 5, 2023, during a telephonic conversation.

Judge Brnovich left the children with the "dangerous" kidnappers knowing that one of the kidnappers "self-diagnosed as having PTSD” and is the children's estranged mother who had abandoned them for almost a year. Sarea has a long history and pattern of psychotic episodes as demonstrated in court documents that she literally gathered the children together and attempted suicide on several occasions. One of the other kidnappers, Brittany Houston, was out of jail on bond for crimes committed against her own minor children and was believed caused Timothy's diabetic condition, that led to his hospital visit on January 9, 2024, the day of the kidnapping.

The Stones asserted in their Motion to Vacate May 28, 2026, Order, Judge Brnovich “elected” to grossly violate her oath and numerous laws by getting rid of by first sanitizing and twisting the facts in the First Amendment Complaint (FAC) and the Emergency Motions into a narrative that would AID the unlawful escape from justice for Governor Hobbs, Attorney General Mayes, and the other defendants; and keep the children as kidnapped victims, denying their beneficiary and constitutional rights.

Read the Stones "Omnibus Motion to Vacate the Order", "First Amendment Complaint", and "Emergency Motions". Get the Judge's May 28, 2026, order for federal Case No: CV25-04158-PHX-SMB from Pacer.com.

The Stones vow to exhaust every legal remedy available to them to restore the rights of the children. The Stones are asking for public support to fight for the children's constitutional civil and human rights that give rise to violations of all children, as a pattern and practice of Arizona's legal system that ignores the law at a whim.  See video; Broken System-Fight for Civil Rights 

Help Restore the Children's Civil and Human Rights. Click Here to Donate to the Stone's Legal Fund.

Introduction to the Stones' Case

The case of Reverend John W. Stone and Shirley D. Stone emerged in federal court as a poignant illustration of the emotional turmoil caused by family abduction. On November 19, 2025, the Stones filed an emergency motion addressing the unlawful abduction of their grandchildren, which has had a profound impact on their family dynamic and overall well-being. The urgency surrounding this case is underscored by the fact that children's safety and stability are often at stake during such distressing events.

The parties involved in this situation not only include the Stones themselves but also the children's parents and other relatives who have varying degrees of involvement. This complexity adds to the emotional weight of the motion filed in court. The Stones allege that their grandchildren were taken without legal consent or proper notification, igniting a series of events that left them in a state of distress and uncertainty. Family abduction cases like this exemplify the intricate and often painful relationships that can exist within families, drawing attention to the vulnerabilities that children face in these circumstances.

The emotional toll of family abduction is difficult to quantify, yet it is a reality that affects many families across the country. In this case, the Stones expressed their deep love for their grandchildren and the detrimental effects that separation has created within their family. Their emotional plea is a testament to the significant human cost associated with family abduction, as it disrupts not only the lives of the children involved but also those of their extended family. By examining this case, a deeper understanding of the challenges faced by families enduring such crises can be achieved, shedding light on the broader implications of family abduction in society.

The Emotional Language of the Emergency Motion

The emergency motion filed by the Stones serves as a poignant testament to the emotional anguish experienced by the family following the abduction of their children. The language presented in the motion is characterized by a sense of urgency, reflecting deep concern for the wellbeing of their autistic children. Within the document, phrases such as “immediate danger” and “irreparable harm” are employed to evoke a sense of crisis, aiming to persuade the court of the pressing need for intervention. This choice of words not only captures the gravity of the situation but also accentuates the heightened emotional state of the family, who are grappling with fear and uncertainty.

Throughout the motion, the Stones poignantly articulate the trauma they endured after the loss of their son, highlighting the devastating emotional toll it took on their entire family unit. The language is imbued with vulnerability, describing the profound impact on their children and the desperate need for protection. For instance, the depiction of the children’s anxiety and fear is critical, as it emphasizes their heightened susceptibility, given their unique challenges associated with autism. Such descriptions serve to illustrate the human cost associated with family abduction, underscoring not only the physical dangers but also the mental and emotional ramifications that linger. Each excerpt selected shines a light on the urgency of the situation, illustrating how language becomes a powerful tool to convey distress and the desperate need for relief.

This emotional discourse encapsulates the family’s plight, as the Stones employ transformative language to advocate for immediate action. By illustrating their turmoil and the pressing need for resolution, the motion compels recognition of the intricate emotional landscape constituting family abduction. Consequently, it becomes evident that the emotional language utilized is not merely rhetorical but serves as a vital representation of the multi-faceted distress experienced by those affected, reflecting the critical human costs that accompany such tragic events.

Legal and Social Implications of the Abduction

The abduction of children within the family context raises significant legal and social implications, as highlighted by the allegations made by the Stones. At the core of these implications is the violation of existing court orders, which are designed to safeguard custody arrangements and ensure the welfare of children. When such orders are ignored, it not only undermines the legal framework but also places the abducted child's safety at heightened risk. Legal precedents indicate that enforcement agencies must prioritize the execution of these orders to maintain the integrity of family law.

Compounding these legal challenges is the often inadequate response from law enforcement. Many families report a lack of urgency or understanding when it comes to cases of family abduction, which can lead to an inability to resolve crises in a timely manner. The failures of law enforcement not only exacerbate the immediate risks associated with abduction but also foster a perception of indifference within the judicial system. Victims of family abduction, particularly those involving vulnerable populations such as autistic children, highlight how systemic failures can leave families without critical support. This begs the question of accountability and suggests a need for training that equips law enforcement to handle these sensitive situations effectively.

Socially, the implications of family abduction extend beyond the immediate actors to affect broader community dynamics. Public awareness campaigns regarding the nature of family abductions are crucial in shaping how society perceives and reacts to these incidents. Furthermore, understanding that children with special needs, like those on the autism spectrum, face unique challenges during abduction scenarios necessitates a nuanced approach to prevention and intervention. Addressing these systemic failures and expanding resources for families can lead to improved outcomes and reinforce community trust in legal mechanisms designed to protect vulnerable children.

The Ongoing Trauma and Fight for Justice

The abduction of children can have devastating and lasting effects on the families involved, as seen in the case of the Stones. The emotional and psychological trauma stemming from such an event can manifest in numerous ways that deeply affect the individuals and their relationships. For the Stones, the abduction of their grandchildren has resulted in profound distress, with feelings of helplessness and despair permeating their daily lives. The absence of their grandchildren has created a void that is felt acutely at every family gathering, holiday, and milestone. This ongoing emotional turmoil is exacerbated by the tragic death of the children’s father, adding layers of grief and loss to an already precarious situation.

The Stones have not only been confronting the personal anguish brought on by their grandchildren's abduction but have also embarked on a strenuous journey to seek justice. This pursuit is often met with systemic hurdles, where legal processes can feel overwhelming and frustrating. The difficulty in navigating the legal system to secure their grandchildren's safety highlights a stark reality faced by many families in similar situations. It raises questions about the effectiveness of current child protection laws and the support available for families dealing with abduction. The Stones have become advocates for change, utilizing their story to raise awareness about the realities of family abduction and the inadequacies of legal protections available to victims.

Moreover, the long-term effects of this abduction extend beyond immediate trauma, potentially altering the children's development and their ability to form healthy relationships. The Stones strive for stability and safety for their grandchildren, urging society to acknowledge the complex emotions involved in such crises. The ongoing fight for justice not only reflects their personal struggle but speaks to a greater need for comprehensive reforms in child custody and protection laws. Ultimately, the resilience of the Stones in advocating for their grandchildren shines a light on the critical need for societal awareness and support in addressing the ramifications of family abduction.

See Custodial Interference or Kidnapping a Father's Fight

At the center of this federal court action is the legal relationship between the plaintiffs, Reverend John W. Stone and Shirley D. Stone, and the three minor children who are their grandchildren. The children are also the offspring of the decedent, Timothy Paul Stone, who was the children’s full custodial and decision-making parent until his tragic death.

Grandparents as “Next Friends” and Legal Representatives

Because the children’s father is deceased and the children are allegedly being unlawfully detained, the grandparents have stepped in as “next friends”—a legal term for individuals who represent minors or incapacitated persons in court when those individuals cannot advocate for themselves. This status gives Reverend John W. Stone and Shirley D. Stone the standing to file emergency motions and lawsuits on behalf of their grandchildren, seeking both immediate protection and long-term justice.

The Role of Custody and Protection Orders

Prior to the abduction, court orders established Timothy Paul Stone as the children’s full custodial parent, with legal authority over their care and decision-making. The filings detail multiple protection orders issued to safeguard the children from specific individuals, including their estranged mother and her associates. These orders are central to the legal arguments, as their violation forms the basis for claims of kidnapping, custodial interference, and ongoing civil rights violations.

Guardianship and the Court’s Duty

The emergency motion also requests the appointment of a guardian ad litem—a court-appointed advocate whose sole responsibility is to represent the best interests of the children during legal proceedings. This step is crucial in cases where minors are at risk and cannot participate directly in court actions. The filings emphasize that federal and state law guarantee children the right to have their interests represented and protected in civil litigation.

Why Legal Relationships Matter

This legal framework ensures that the children’s rights and welfare remain at the forefront of the case, even as their immediate family structure has been disrupted by tragedy and alleged criminal acts. By acting as “next friends” and seeking the appointment of a guardian ad litem, the grandparents are using every available legal avenue to protect their grandchildren and restore their access to justice.

Understanding Key Legal Terms

Injunctive Relief
A court order requiring a party to do or stop doing something. In this case, the plaintiffs are asking the court to immediately order the release of the children from unlawful custody.

Emergency Motion
A request for the court to take urgent action due to immediate risk or harm. Emergency motions are considered quickly because of the serious consequences of delay.

Wrongful Death Lawsuit
A civil lawsuit filed when someone’s death is caused by the wrongful act or negligence of another. The family seeks damages and accountability for the loss of their loved one.

Guardian ad Litem
A person appointed by the court to represent the best interests of minors or incapacitated individuals during legal proceedings.

Protection Order
A legal order issued by a court to protect individuals from harm or harassment, often used in cases of domestic violence or child endangerment.

Continuing Offense Doctrine
A legal principle stating that certain crimes, like kidnapping, are ongoing until the unlawful situation ends. Each day the children remain detained is considered a new violation.

Civil Rights Violation
An act that infringes on the rights guaranteed by the Constitution or federal law, such as liberty, due process, or equal protection.

Bond Requirement (Rule 65(c))
A rule that sometimes requires plaintiffs to post a financial bond when seeking an injunction, to cover potential damages if the injunction is later found to be wrongful. Courts can waive or reduce this requirement in urgent or public interest cases.

See The Human Cost of Family Abduction

The human impact is demonstrated in the emergency motion filed by Reverend John W. Stone and Shirley D. Stone in the Federal Court. The emergency motion was filled with an urgent, emotional language that brings the human cost of this case into sharp focus.

The Stones allege that their grandchildren were unlawfully abducted on January 9, 2024, by a non-relative babysitter, with the assistance of the children’s estranged mother, and her sister. The children, two of whom are autistic and especially vulnerable, have been held in violation of multiple valid court orders and state and federal laws. Their father, Timothy Paul Stone, was the children’s full custodial parent and died tragically while trying to rescue them.

The complaint details a series of alarming events, including threats, ignored protection orders, and alleged failures by law enforcement and judicial officials to intervene, despite repeated pleas and clear evidence of danger showing the human impact involved. The Stones argue that these failures not only facilitated the ongoing kidnapping but also contributed to the wrongful death of their son. The filings describe the children’s ongoing trauma, the loss of their father, and the frustration of being denied access to justice and protection.

Here are a few direct quotes that illustrate the trauma and desperation experienced by the family:

• “This emergency arises from the ongoing and unlawful kidnapping of three minor children, two of whom are autistic and especially vulnerable.”
• “False imprisonment for even one second is a grave civil rights violation, and continued detention is a direct affront to their constitutional rights to liberty and due process under the Fourteenth Amendment.”
• “The emergency remains as acute today as it was on the day of their abduction, and the Court’s intervention is both justified and required to halt the ongoing crime and restore the children’s rights.”
• “The children’s ongoing detention is a direct violation of their constitutional rights to liberty and due process under the Fourteenth Amendment: ‘No State shall... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’”
• “It is a profound and tragic irony that, while the law recognizes the children as primary beneficiaries of the wrongful death and civil rights lawsuit, these same children are being actively obstructed from participating in or benefiting from the proceedings by their continued false imprisonment.”   

See The Legal Grounds for Court Filing