Dylan Redwine Parents' Dueling Lawsuits Tossed, No Justice in Sight for Slain Boy
A Facebook photo of the late Dylan Redwine. Additional photos and more below.
Update: Four years ago next month, thirteen-year-old Dylan Redwine disappeared in southwestern Colorado, where he'd traveled for a court-ordered visit with his father, Mark Redwine. His body was found in June 2013, and just over two years later, Mark was named a person of interest in the case, which was belatedly ruled a homicide. Meanwhile, Elaine Hall — Dylan's mom, formerly known as Elaine Redwine — filed a wrongful-death lawsuit against Mark, to which her ex-husband responded with a countersuit. See three earlier reports about the case below.
Now, Mark's suit has been tossed out following the previous dismissal of Elaine's complaint; both documents are shared here.
But while this court battle is over, the search for Dylan's killer grinds on, with no end in sight.
The two suits vividly demonstrate the level of bitterness between the ex-spouses in the wake of Dylan's death.
Elaine Hall, formerly Elaine Redwine, during a 2013 search.
Elaine's lawsuit, filed in June 2015, is the briefer of the two.
A section titled "Causes of Action Against Mark Redwine: Wrongful Death" states, "In Colorado, a parent has a duty to provide proper parental care for their children. As such, Defendant [Mark Redwine] had a duty to provide for the proper care of his son, Dylan Redwine. Plaintiff alleges, based on information and belief, that Defendant breached that duty when his conduct resulted in the death of their son, Dylan Redwine."
The text of Mark's countersuit, dated the following month, uses less legalese.
It's palpably angry and brings up disagreements that predate the tragedy that befell their son by many years, alleging that "Plaintiff Elaine Redwine has engaged in extended, vitriolic and abusive litigation against Mark Redwine in relation to the dissolution of the parties' marriage since 2005, including over 130 pleadings, accusations, recriminations, violations of court orders and more."
The countersuit goes on to claim the following: "These conditions created the environment that was Dylan Redwine's life and ultimately likely led to his death; while Dylan's cause of death is not known and may never be known, it is more likely than not that he left Mark Redwine's home during the Thanksgiving break 2012, possibly encouraged by Elaine Redwine and met with whoever or whatever caused his death. But for the actions of the plaintiff it is more likely than not that Dylan would not have left his father's home and would be alive today."
Given the uncertainties at the heart of both complaints, it's no surprise that they were ultimately found lacking.
The lawsuit filed by Elaine was thrown out late last year, while District Judge William Herringer put Mark's response to rest this week in La Plata County court. As noted by the Durango Herald, Herringer determined that Elaine's actions didn't qualify as so “extreme and outrageous as to shock the conscience.”
The ruling ends the courtroom combat between Elaine and Mark, but online warfare continues. The Facebook page called Dylan Redwine — The Journey to Justice reacted to the development with this line: "Counter claim against Elaine Hall has been dismissed in the name of justice. Nice try Mark, see you real soon!!!!" Meanwhile, the Justice for Dylan Redwine Facebook page updated its profile pic to feature this photo:
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Such raw emotions aside, one fact remains: No one has been charged in Dylan Redwine's death to date. Moreover, there's no indication that this situation is going to change anytime soon.
Look below to see Elaine's lawsuit and Mark's countersuit. That's followed by previous coverage of the case, including additional photos, videos and more.
Continue to read three previous reports about the Dylan Redwine case, including information about Mark Redwine being officially named a person of interest in the case and the Elaine Redwine lawsuit.
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