'Sweet, loving, heart of gold,' Tate Buening's mom files lawsuit following his death

Kayla White says she would do anything to have her son Tate Buening back.

Tate, 10, was killed by his own father in a murder-suicide in August.


Tate Buening

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As Kayla continues to grieve, she also says she wishes some things would’ve been handled differently.

“Just sweet, loving, heart of gold, just the best kid ever,” Kayla said when describing her son Tate. 

She doesn’t want his death to be forgotten. 

WAAY 31 obtained is a copy of the lawsuit which shows Kayla is seeking punitive damages.

“I would burn the whole world down if I felt like I could get real justice for my son’s murder,” Kayla said. “As far as suing the estate, I feel like it’s not going to bring Tate back but we could do something with any assets that we gain from it to keep that awareness going or to honor him.”

A month before the tragic murder-suicide in Harvest, Kayla filed a motion to suspend visitation between Tate and his father.

Kayla says he was sending her threatening messages.

A hearing was set for a few weeks later.

PREVIOUS: HEAR TATE BUENING’S MOM PLEAD FOR MADISON CO. SHERIFF’S OFFICE HELP BEFORE FINDING HIM MURDERED

Kayla’s Attorney Will League, with The Law Firm of Siniard, Timberlake & League, says the courts failed to recognize the urgency of her case due to a shortage of judges in Madison County. 

“They’re overrun with domestic cases and other types of cases and with more judges there would be more eyes available to handle emergency cases such as this,” Will said. 

Kayla says she echoes Wills thoughts. 

“I want to bring awareness to a threat to a parent should be a threat to a child because you never know when they’re going to use them against you,” Kayla said.

Kayla also says the Madison County Sheriff’s deputy who responded the day she called for a welfare check was not helpful.

Kayla eventually went into the home and found the bodies of her ex-husband and son.

She says it could’ve been avoided, and now questions policies and procedures as they relate to welfare checks.

“If I never would’ve had to enter that home, not that my heart wouldn’t be in a million pieces, but I wouldn’t have seen my child the way that I saw him and I feel like there is no remorse,” Kayla said.

Kayla did say everyone else who showed up that day – including Madison County Sheriff – were very kind and generous.

She says she would like to have a conversation with them to talk about what could’ve been done differently.

WAAY 31 did reach out to the sheriff’s office around 4:30p.m. on Wednesday and has not yet heard back.