Twelve-year-old Khimberly Zavaleta died Feb. 25 following medical complications after being struck in the head by a metal water bottle during a bullying incident at school. (Photo courtesy of Guy Gazit)

The last time Guy Gazit and his wife visited their niece Khimberly Zavaleta Chuquipa and her siblings at their Sherman Oaks home, they went for a walk together. Khimberly, 12, cheerfully pointed out things along the way: certain yards, trees, and which neighbor had a dog.

Afterwards, they played games, including the language app Duolingo because Khimberly “really wanted to learn French,” said Gazit. “She grasped it really fast, and I remember telling her, ‘You have an exceptional brain.’ Little did we know things were going to [take a] turn for the worse.”

Shortly after Gazit left with his wife, who is the children’s maternal aunt, Khimberly was struck with unbearable pain. She was hospitalized that night with a brain hemorrhage – the unexpected result of being hit in the head with a metal water bottle during a bullying incident at school earlier that week. After enduring brain surgery and other medical procedures, Khimberly – a smart, playfully mischievous and ever-smiling child, described Gazit – died four days later.

“I can’t bear this pain,” said Khimberly’s mother Elma Chuquipa, as she sobbed during a recent interview with a Spanish-language news outlet. “I never imagined – never, never imagined – that something like this could happen to my little girl.”

Guy Gazit, the uncle of Khimberly Zavaleta, stands in front of a memorial created by her classmates outside Reseda Charter High School. (SFVS/el Sol Photo/Maria Luisa Torres)

Gazit said the family is “devastated, [with] constant crying.” He described the Zavalet-Chuquipa family – including Khimberly’s mom and her dad, Jesus Zavaleta – as faith-filled and loving Peruvian immigrants, who moved to the United States five years ago to start a new life. Khimberly was the youngest of four sisters and one brother; the oldest siblings have kids near Khimberly’s age who were like bonus siblings to her – they loved playing together, said Gazit.

“This is a tragedy that could have been avoided from the get-go,” he said. Gazit believes there was a lack of proper supervision at the school – Reseda Charter High School, which includes grades 6-12 – that allowed the violent bullying to occur. He also feels strongly that if Khimberly had received proper medical care the first time she was examined, she might still be alive today.

Fatal Bullying

As the school day was winding down on Tuesday, Feb. 17, Khimberly, her 15-year-old sister and their niece, 13, were still on campus, walking between buildings when they were accosted by classmates. The target was Khimberly’s sister and it wasn’t the first time, said Gazit. The older sibling had confided in her uncle that there were a couple of kids at school who didn’t like her.

On this particular day, her baby sister stepped in to try to help her, with tragic consequences. 

According to Khimberly’s mother, after three or four girls and one boy confronted and physically assaulted her 15-year-old daughter, Khimberly tried to pull her big sister away. That’s when Khimberly received a sudden strong blow to the back of her head with a metal water bottle.

“We really don’t know why it happened,” explained Gazit. “Sometimes bullies don’t really need a [reason]; they just need an outlet when they’re unable to channel their negative emotions, so they lash out and they take it out on anybody there, and this time it happened to be Khimberly.” 

When her head started hurting and later that same day she was taken to an emergency room, where the doctor only did a visual exam with no imaging, such as a CT scan, recounted Gazit. Her mom was told to give her acetaminophen for the headaches and to return if her symptoms worsened.

Khimberly Zavaleta and her father Jesus Zavaleta. (Photo courtesy of Guy Gazit)

Though she experienced headaches over the next four days, overall, she appeared fine. And when Gazit and his wife visited on Saturday, Feb. 21, Khimberly seemed her usual cheerful self.

“After we got back home, we immediately got a phone call – her mother was hysterical. Khimberly is screaming in pain and she’s being taken to the emergency room,” recalled Gazit. En route, she had a seizure and passed out. By the time they arrived at Valley Presbyterian in Van Nuys, she was in cardiac arrest. After they revived and stabilized her, they performed an MRI and determined she needed emergency surgery – major blood vessels in her brain had ruptured.

Khimberly was transported to UCLA Mattel Children’s Hospital, where they conducted complex brain surgery, and removed a portion of her skull to help relieve pressure on her brain, said Gazit.

While family members spent time at Khimberly’s bedside in the hospital, praying for a miracle – they were told she only had a 1% chance of survival – Gazit recalls a heart-wrenching moment with Khimberly’s 10-year-old nephew. 

“He was holding her hand and crying, and he suddenly looked up at me and said, ‘Uncle, I have an idea,’” said Gazit. The young boy wanted to ask the nurse if it was possible to have a surgery to take his brain and put it into Khimberly’s body, so she could be healthy again.

Khimberly died at 3:30 a.m. on Wednesday, Feb. 25, eight days after the bullying incident.

Investigation is Underway

While Khimberly was still hospitalized, her parents contacted the Los Angeles Police Department (LAPD) to report the bullying and Khimberly’s grave condition at the time.

“[Police officers] came over to the hospital and they took a deposition, and then later, after Khimberly passed away, [the family] went to the police station, and the police went to the school with them,” said Gazit. “I don’t know where [everything] stands right now, [but] I do know that there are videos and there are eyewitnesses and certain kids have been named.”

The short video clips, which Gazit shared with the San Fernando Valley Sun/el Sol, show a confrontation between students on campus, as they’re walking between the school buildings, but don’t show the moment when Khimberly was reportedly struck by the metal water bottle.

“The LAPD’s Robbery-Homicide Division, Valley Bureau Section is investigating the case as a homicide,” they said in a statement, noting they are not releasing additional details at this time “due to the sensitive nature of the investigation and the involved parties being juveniles.”

The LA Unified School District (LAUSD) released the following statement after Khimberly’s death:

“[LAUSD] is deeply saddened by the death of a Reseda High School student. … Out of respect for the family and to protect confidentiality, we cannot share details. The District remains committed to providing support to students, staff and families affected by this loss, including counseling services. … The District takes the safety and well-being of our students very seriously. We are currently cooperating with law enforcement in connection with this incident.”

Currently, no funeral service has been scheduled for Khimberly pending an autopsy. Her remains are currently at the LA County Medical Examiner’s facility in East LA.

Seeking Justice and Change

Brent Gerome and Daniel Moaddel, lawyers for the family, stated they plan to pursue legal action against LAUSD “for negligent supervision.” They are asking anyone with information about the case to call their office or contact law enforcement.

Despite the fact that a metal water bottle, which is commonly used by people of all ages, was weaponized against Khimberly, Gazit said he’s more concerned about the culture of bullying.

“It isn’t the weapon that’s the problem; it’s the culture. … We need to uproot this brutish culture,” he said. “It’s not just that kids don’t know any consequences to their actions; they’re not thinking of consequences. They’re not using their brains; they’re using fists instead, and … they’re not afraid of anybody. … They say, ‘You can’t do anything to us because we’re kids.’”

To address concerns about what Gazit and the rest of the family believe was a lack of proper medical care when Khimberly was examined by a doctor the day she was injured, he recently launched a Change.org petition to propose legislation that would be called “The Khimberly Act.”

“This petition is for [people] to sign if [they] agree that … doctors should follow specific procedures for kids with head injuries, and that it should be legislated,” said Gazit, adding that, “With baby steps, we’re going to change whatever needs to be changed to make a difference.”

For the GoFundMe page for the Zavaleta-Chuquipa family, go to: www.gofundme.com/f/help-lay-12yearold-khimberly-to-rest.

To see the Change.org petition calling for “The Khimberly Act,” go to: https://c.org/XfVKdNsDHr.

To report information to the LAPD anonymously, call Crime Stoppers at (800) 222-TIPS or visit www.lacrimestoppers.org.

To contact the lawyers for the family, call (323) 900-0260.

5 replies on “Tragic Death of 12-year-old Khimberly Zavaleta Could Have Been Avoided, Says Family”

  1. My daughter had an accident in San Diego where she collided with another roller blade skater. They collided & my daughter about 25,years old fell backwards & was knocked unconscious. When she awoke she knew her name & address. An ambulance took her to San Diego University Hospital where they did a brain scan on her brain. This is standard procedure for any head injury. They saw she was bleeding in her brain & if the bleeding didn’t stop the brain surgeon was going to do Brain surgery. Luckily the bleeding stopped. But my daughter was in excrutiating pain. It took her a year to recover, she had just started a program to get a PHD in clinical psychology. That young girl from Reseda High School who had a metal bottle thrown at her head, should have had a brain scan!! The parents need to go after the emergency room doctor who didn’t do his job properly!! Anyone injured & having head pain needs a MRI ON THEIR BRAIN. That’s standard procedure. This doctor didn’t do due diligence. He could have saved her life. I’m sure the parents will be going after him. I certainly would if my daughter went to the emergency room after being hit in the head & having pain in her head.

    1. I tripped on a wet piece of cardboard in my driveway, fell flat on the cement and heard my skull crack. I was taken to same hospital as this child that got hit in head with metal water bottle. They did an MRI and other tests then stitched my forehead above my eye. Said the tests didn’t show any internal damage but still have headache in the area that I had stitches. The tests were immediately done as soon as the ER doctor saw me. I just can’t imagine the ER doctor not requiring a MRI. They did CT scan, MRI, exray, and electrocardiogram. The works. This child should have had the same treatment. When my son was 16 and he worked part time and had Kaiser medical, he had been TBoned going to school driving in far right lane as he was going to make a right turn at light. Heavy traffic stopping for traffic to move in the other two lanes, a car coming from east to west broke in to traffic to make a left at the same street as my son was turning into when the guy making the left into traffic hit his car where the support between doors is secured and it caved in to hit his left side of his skull. The Dr at Kaiser said, he’s tough he will be fine just give him a Tylenol. I said no he needs to have a head scan you can’t see if there’s a fracture of his skull. Dr said it not necessary and we make Decisions not mothers. I said if you don’t take an image of his skull I need to see another Dr. I stood my ground and sure enough he indeed had a fractured skull. Patients need advocates for injuries to make sure you are checked out the best as possible. He did make a comment about how expensive these tests were, like the scans. I said that’s why we have pay for insurance. Do the dang test. Or I’m getting another Dr. to do it. He was in a lot of pain. His dad arrived after we were in an exam room and said the Dr should know if he needs it. I said I’m his mom and I’m insisting he gets one. I was sorry he had a concussion and fractured skull but glad I stuck to my guns to get checked out to treat him.

  2. Perhaps they should name the suspects if there is video footage of them. They’re attacking people like adults perhaps they should be punished like adults.

  3. The emergency room doctor did not do his job properly!! My daughter was knocked out by colliding with another roller bladder. She came to with no pain. At the emergency room they did a MRI on her brain & she was bleeding!! If the bleeding didn’t stop in an hour they were going to do brain surgery to stop the bleeding & save her life. Fortunately the bleeding stopped. But she was just starting a program for her PHD in psychology. She couldn’t resume school for a year. As parents we were traumatized. The emergency room doctor could have saved her life if he had done his job properly. I hope her parents go after him for not doing his job properly!!

  4. All should be brought to justice. The doctor sued for malpractice and the students arrested and incarceration for 10 years to life. They took a life they should serve life even if they are kids.

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