Author Topic: Dead children thread: 2011  (Read 2758 times)

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Offline Oscar

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Dead children thread: 2011
« on: December 26, 2011, 04:05:29 AM »
Further research into fatal incidents in 2011 led us to the sad fact that we so far have two entries on the victim list covering children who died while they were placed outside their home:

1) Roger Eugene Benson - a teenager in state care who fell down on a highway
2) Daniel Huerta - killed during transport while living in a state facility


Sources:
----
1) Roger Eugene Benson

The life and death of a teenager in state care
by Linda Thomas, My Northwest, July 22, 2011

A new report from the Department of Social and Health Services summarizes a teenager's life and death in eight pages. After bouncing him through 22 foster homes, it concludes that caseworkers and foster parents should have had more information about the boy's history so they could have helped him.

Roger Eugene Benson was in state care when he left a group home in January, walked to a freeway overpass, jumped to I-5 below and died after being struck by a van. People who witnessed the suicide were horrified. People who didn't know what was going were angry by the traffic delays caused when the Interstate was shut down during the afternoon commute.

In calling the State Patrol that day, I found out the victim was 15 years old. That struck me because I have a 15-year-old daughter. This kid, the boy who killed himself on I-5 , was somebody's son.

What went wrong in his life?

Benson was born in December of 1995. His history with the state began when he was a toddler. His mother was investigated for abuse or neglect of her children, including Benson, six times. The last time CPS was called, in May of 1998, Benson was placed in protective custody. The boy and his siblings were placed in four foster homes within three years. The longest he was in any one home was two years.

The Yakama Tribal Court tried to get services for the family, but the state says Benson's parents "failed to consistently access identified services" that might have helped them.

In 2001, Benson's mother committed suicide. A few years later his father was sent to prison. After that he was placed in a Yakama Nation foster home for over three years. That stable environment changed in September of 2004 when his foster father died. At that point, the foster mom asked that Benson and his siblings be placed somewhere else. Where would Benson go?

Between September of 2004 and June of 2009 he had 13 different places to stay. The state report says he "struggled significantly in new homes." The solution seemed to be sending him to live at Northwest Idaho Children's Home, with the hope that he'd get close supervision and help dealing with a young lifetime of behavioral problems.

He was involved with at least two assaults, and in November of 2010 he was sent to the Nez Perce Juvenile Detention facility. The state admits this was a "complex" case and Benson needed more help. While on waiting list to receive help at a psychiatric hospital, he was sent to a temporary care facility in Lynnwood, the Cyprus House, which is an unlocked, staffed facility. When Benson was sent to there, he was told he would be going to a mental hospital at some point.

He had a different plan.

On January 21, 2011 he left the group home at 1:45 p.m. and law enforcement was immediately notified. Fifteen minutes later he was on an I-5 overpass. A witness, who was also walking on the overpass, told investigators it looked like the 15 year old kneeled down momentarily. At 2:06 in the afternoon he jumped to his death.

This boy didn't have a chance.

Benson was in state care most of his life. What could the state have done differently? Eleven people reviewed the case and concluded that caseworkers didn't consistently convey information about the boy's history to all of those involved with his care over the years. It recommends more training for care providers who deal with youth who have behavioral issues. It also suggests more supervision when young people are placed in facilities outside their home communities.

----
2) Daniel Huerta

Daniel Huerta Killed in Car Accident Near Naples, Florida
By Brian Y. Silber, Florida Injury Attorneys Blog, December 19, 2011

Daniel Huerta, 17, was killed in a car accident near Naples, Florida two weeks ago. The driver of the vehicle, Johnson Atilard, was also killed when he lost control of their SUV, crashed into a road sign, and plunged into a canal. Fortunately, the six other youths in the vehicle were treated for non-life threatening injuries.

Sadly, not only does this case concern the death of a young person, but these youths were members of the Big Cypress Wilderness Institute, which is a 35-bed residential program for at-risk boys ages 14 to 18. This program is funded by the State of Florida and operated through the court system and Department of Juvenile Justice. In essence, it exists to help at-risk boys get on the right track.

Given my perspective as an injury lawyer, I think Johnson Atilard's terrible driving history makes this case one that will result in a substantial recovery for Daniel Huerta's family.

Get this: Atilard's driving record was so bad that the director of Big Cypress Wilderness Institute wrote a memo to him instructing him not to drive any of the company's vehicles and not transport any of its delinquent youth in his personal vehicle.

The memo went on to state that Big Cypress' insurance would not cover Atilard in the event of an accident. It further stated that "Failure to abide by these restrictions places AMIkids Big Cypress in a position of great liability."

However, in his memo, the director also advised Atilard that he may be able to regain his driving privileges when one of his past driving citations lapses beyond a three year monitoring period in August 2011.

As an injury attorney, I find that last part utterly remarkable. Rather than being concerned with a three year monitoring window, the director should have been more focused on finding a safe driver for the program's kids.

Professional drivers are abundant, especially in today's poor economy. There was absolutely no reason to sacrifice safety by permitting a driver with a questionable record to continue his employment.

The people who drive our children should have impeccable records. Not merely acceptable ones.

For this reason, I personally believe Big Cypress acted with negligence and they should be held accountable.

To have a successful injury case, an injury lawyer must be able to identify three key elements.

First, the underlying client must have sustained a quantifiable injury. Clearly, no injury is worse than the loss of life. Second, there must be sufficient evidence to prove the defendant is responsible for the damages/injuries. Third, the defendant must be collectible.

In this case, it is clear that Daniel Huerta's death satisfies the injury element. When it comes to proving responsibility, it is clear that Big Cypress knew that Atilard had no business transporting children. However, it is still unknown whether Big Cypress will self-insure, whether the State of Florida may be required to pay their damages since this is a state run program through the Department of Juvenile Justice or if a private insurance company may be held accountable for payments.

In any event, Daniel Huerta's family needs to hire an injury attorney as soon as possible. Handling this case professionally and with skill is necessary from the very beginning if they hope to obtain the justice that they deserve.

In my personal opinion, this is an accident that could have been prevented. Programs like these should only allow drivers with impeccable records to transport our children.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline cmack

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Re: Dead children thread: 2011
« Reply #1 on: December 26, 2011, 09:40:49 AM »
I know you, Oscar, were hoping to get through the year without having to add any dead kids to the tally. Maybe 2012 will be better. I especially feel for Benson. That's a tragic story. The reaction of the state agencies after his death won't do anything to help the problem. Children need stable, loving homes, not more state supervision.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Terry Kato

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Re: Dead children thread: 2011
« Reply #2 on: May 31, 2012, 08:52:29 PM »
http://www.nydailynews.com/new-york/dea ... -1.1064319

Quote
Dead Queens teen was restrained by school staff  

Quote
A Queens teenager died suddenly Thursday after he was restrained by staff at a school for emotionally and developmentally troubled kids, police and students said.

Corey Foster, 16, of Jamacia, was hauled off of a basketball court at the Biondi Education Center at the Leake & Watts facility in Yonkers Wednesday night and went into cardiac arrest as he was being removed, witnesses said.
 
School staff members restrained Foster during a dispute in the gym, police said.
 
He apparently became “agitated” while playing basketball, Det. Lt. Patrick McCormack told the Daily News.
 
“Corey was laying on his stomach,” said Malike Legree, 17, of Brooklyn, who saw three or four staffers try to remove Foster from the basketball court. “At first the staff was laying on top of him. When they got off him he wasn’t moving.”
 
“They never tried to diffuse the situation,” he added.
 
Antonio Reeder also saw the deadly tussle.
 
“Right now I’m afraid,” Reeder said. “(Foster) was harmless. He loved people. He knew how to have a social conversation. He wouldn’t hurt anybody. He just had a little anger problem.”
 
Foster was pronounced dead about 9:22 p.m. at St. Joseph’s Medical Center, cops said.
 
“We are collaborating with police and the medical examiner on the examination,” said Meredith Barber, a director at Leake & Watts.
 
Investigators are interviewing teachers, staff and students to determined why and how Foster was restrained, McCormack said.


Read more: http://www.nydailynews.com/new-york/dea ... z1wUxSxSGT
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Oscar

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Re: Dead children thread: 2011
« Reply #3 on: June 01, 2012, 12:22:40 AM »
It has taken som time because deaths are not something they market as much as their services but the correct number (so far) is 6:

1) Roger Eugene Benson
2) Dyskeha Streeter
3) Benjamin James Lolley
4) Caitlin A. Lee
5) Daniel Huerta
6) Anthony Parker

Source: Victim list 2010 and after
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Horatio.

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Re: Dead children thread: 2011
« Reply #4 on: June 01, 2012, 12:41:24 AM »
Quote from: "Oscar"
It has taken som time because deaths are not something they market as much as their services but the correct number (so far) is 6:

1) Roger Eugene Benson
2) Dyskeha Streeter
3) Benjamin James Lolley
4) Caitlin A. Lee
5) Daniel Huerta
6) Anthony Parker

Source: Victim list 2010 and after
Corey Foster (above article) makes it seven
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Oscar

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Re: Dead children thread: 2011
« Reply #5 on: June 01, 2012, 02:34:17 AM »
Quote from: "Horatio."
Corey Foster (above article) makes it seven

He is on the list but recorded under 2012. There has been 14 deaths since January 2010 (we know of).
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline none-ya.

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Re: Dead children thread: 2011
« Reply #6 on: June 01, 2012, 09:00:53 AM »
Yeah, fuck off Whoratio.

BTW, how many child rape victims does it take to screw in a lightbulb?

None. The lightbulb screws them when they're most vulnerable  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:
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This username is a para...pare....fake profile created strictly for the purpose of whimsey and yuk yuks

Offline Froderik

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Re: Dead children thread: 2011
« Reply #7 on: June 01, 2012, 10:21:38 AM »
Quote from: "none-ya."
Yeah, fuck off Whoratio.

BTW, how many child rape victims does it take to screw in a lightbulb?

None. The lightbulb screws them when they're most vulnerable  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:

 :roflmao:  :roflmao:  :rofl:  :notworthy:
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »