Nicholaus Contreraz
January 1982 - March
2, 1998
The day before his death, Nicholaus Contreraz fell
several times while
taking part in physical training. At one point,
he fell while running up
a hill and was put into a wheelbarrow and another
boy was forced to
push him around the camp while Nicholaus was told
to make sounds
that an ambulance would make. On the day that he
actually died, a
staff member told him that he deserved an academy
award for faking.
On January 5, 1998 Nicholaus
had been sent to Arizona to the Boys
Ranch in Oracle, Arizona,
he was sent there by a Judge in Sacramento County, California for joyriding
in a stolen car and running away from
group homes he had been living
in. Each time he ran away, he would
run to his mothers home in
Sacramento. His grandmother came to
call him a homing pigeon
because of this.
When he first arrived at the
ranch, Dr. Virgina Rutz, an osteopath who was the camp Doctor, examined
him. At that time, this supposed
doctor was on probation by
the Arizona Board Of Osteopathic
Examiners for illegally use
of narcotics, prescribing medication to
herself and failing to adequately
maintain medical charts. Virgina had
her licens suspended and
then after she went into a rehabiliation
program, it was reinstated.
What the heck was she doing working with troubled children when SHE
couldn't even behave properly? Nicholaus was allowed to have his inhaler,
though he was only allowed to use it when he asked for permission.
At the Arizona Boys Ranch,
Nicholaus was humiliated over and over
by the staff, who didn't
believe he was sick. Staff, including Virgina Rutz claim to have examined
him and found nothing wrong. Nicholaus was accused of faking sick to get
out of participating in the daily routine around the ranch. Some staff
members even told other children at the ranch that he suffered with AIDS,
which
was a lie.
Nicholaus was forced to eat
his meals while sitting on the toilet and he had to carry around a container
that held clothing that he had had
accidents in, due to being
ill. Nicholaus started having episodes where
he would vomit and the staff
made him vomit into that container. At
times, Nicholaus was forced
to pushups where his head would end up
inside that container.
About four and a half hours
before Nicholaus died, he had spoken to
his probation officer over
the phone and told him that he was sick. The Sacramento probation officer
ignored him. Nicholaus was not
checked out by any outside
sources nor were any x-rays ever done of
his lungs to check out the
trouble he was having with breathing even
though he suffered from Asthma.
On March 2, 1998, Nicholas
collapsed and died. On that day, at about
5:30pm, staff members demanded
that Nicholaus get up, the last
word he would say before
dying was "no", in response to them. Two
hours later, Nicholaus was
pronounced dead. A massive infection that
was somehow "missed" by even
a doctor, combined with other illnesses that he had, claimed his life.
Staff members told the Pinal
Country Sheriff's Department that they
had no knowledge of the medical
hisotry of Nicholaus other than his Asthma. Linda Babb, a staff nurse,
claimed that she had examined Nicholaus the same day that he died and had
not found anything of concern to her. She said that she listened to his
lungs and heard nothing. She said the she had cleared Nicholas to go back
to the daily routine of physical deamnds as well as extra work for punishment
for vomiting and for the accidents he had had during the previous weeks
while he was sick and getting sicker every day. No one could explain why
it was that he had lost 20 pounds since being sent to the ranch.
During the autopsy, the Pima
County Medical Examiner drained over
one half gallon of pus from
his chest. It was determined that he had
been suffering from Pneumonia
and Chronic Bronchitis as well as
having a staff infection
in his lungs and strep infection in his chest.
Nicholaus also had a partially
collapsed lung which was the result of
fluid that had accumulated
around his heart. How had a supposed Doctor and nurse had BOTH missed
this? The Medical Examiner also
found that though they didn't
contribute to his death, Nicholas had 71
cuts, abrasions and contusions
on his face, body, neck and head.
It was determined that Nicholaus
died of empyema, a buildup of fluid in the lining between his lungs and
chest cavity:
If he was exhibiting
those symptoms, I'd have to wonder what he was doing in that kind of program.
I've been working with high-risk kids for 15 years, no way can you make
excuses for missing such obvious signs. If that's
what's going on at
this place, it needs to be shut down"
Dan MacAllair - Center
on Juvenile and Criminal Justice in San Franciso
An investigation would reveal
that the Arizona Boys Ranch had about
100 complaints for child
abuse, against them. People wondered why
it was that this ranch was
still in operation and why a child who was
from California, where these
ranches were not legal, was sent to the
ranch in Arizona. Agencies
tried to figure it all out and wondered if
California should continue
to send children to the ranch. Nicholas was
just one of more than 1,000
children who were sent out of the state
of California to live in
one of these court ordered facilities. These
facilities are not legal
in California since they do not meet the standard to operate there due
to violating the laws against physically restraining children.
Licensing authorities were
able to conclude that at least some of the allegations against the ranch
were true. Included in the facts were
that a boy was hit on the
head with a shovel, another boys head was
repeated dunked under water,
another boy had his feet burned so
badly in hot water that he
required skin grafts and another boy had
his nose broken after it
was slammed into a table.
There was a 1,000 page report
made by the Pinal County Sheriff's
Department about the treatment
of Nicholaus. Starr and residents had
given information to contribute
to the report. The investigation had
many conflicting statements,
however, the medical facts of what is
now known as case number
980300044, are not disputed at all.
Finding who was responsible,
would be hard to determine. Four
Arizona agencies launched
investigations into the death of Nicholaus.
Those agencies included the
Department Of Economic Security, which
was the agency that licensed
that ranch. The Sacramento County
Probation and Department
Of Social Services also did investigations
as well as an Assembly task
force, all looking into the issues involved
in out of state placement
of the children of California.
Nicholaus's family said that
his problems started when he witnessed
the drive by shooting of
his father. Shortly after that, he started with
rebellious behavior and was
removed his mothers house and placed
into foster cared. He eventually
ended up in the care of his uncle Joe
Contreraz. On the day that
he died, Nicholas had told staff members
at the ranch that he had
been sexually abused by a family member.
Julie Vega hired an attorney
to investigate the death of her son. Joe
Contreraz said they want
answers and they want the truth. Joes said
that in the beginning, staff
members told him that Nicholaus had gone on a hunger strike and killed
himself that way. The family is in shock from what they have learned about
the treatment Nicholaus received:
"It's unbelievable,.
I can't picture them treating a
human being that way.
You don't treat an animal that
way. It tears me up.
I can picture his face, saying, 'Help me, help me,' telling them he was
sick and no one listening.
How could they let
that happen"
Joe Contreraz
Other children at the ranch
said that Nicholaus was vomiting on such a regular basis and the staff
was mocking him with a countdown and then they would say"
"He's gonna blow!"
One 16 year old boy said that
the others watched daily as the staff
would put Nicholaus down
if he was unable to do physical training:
"They'd tell him, Keep
going!'or 'get up off your knees!
If he didn't keep doing
the push-ups, then they'd pick
him up and start pushin'
him up and he'd start crying, he'd say, 'I can't do it.' 'I can't, I can't,'
like he was a little kid. They'd start pickin' him up and beatin' him against
the ground. He would let out a series of yelps, like, 'OW!,'
but they kept doin'
it."
The staff said that they thought
Nicholaus was just trying to get out of doing the work required by the
boys at the ranch. Andres Torres, who was the case worker for Nicholaus
at the ranch says that he was never
told by Nicholaus that he
was sick. He also said that he though the
staff had been extremely
compassionate with Nicholaus.
Investigators ran into some
trouble during their interviews. Each staff member gave the same answers,
obviously lies. At one point, Detective M.C. Downing was so frustrated
that he asked one of the staff, Oscar Peru Jr, who was the staff oritentation
lead, what took place at the camp and the answers were all the same:
Det. Downing: Mr.
Peru, enough, OK? . . . you guys are driving me crazy. Every staff member
I've talked [to] in here, they sugar coat everything. Do you see stupid
on my forehead?
Peru: No, I
don't.
Downing: All
right. Let's get over this [expletive], OK? I'm tired of hearing the sugar
coating. I basically know what goes on here. I was military . . . and you
guys gonna sit here and tell me you're being polite? Ain't gonna happen.
I know that, he knows that, everybody that has to deal with this place
knows that .
Officials said that of the
100 child abuse complaints filed against the
ranch, 21 of those were found
to be true, that didn't mean more were
not, it just meant only 21
could be proven. Other claims are still
under investigation. The
ranch was suing state regulators claiming the
investigation was shoddy
and biased. The truth was still there and of
the claims against the ranch,
these things are true:
1. Nick is not the
first boy to die while in the care of the ranch. In 1994 a Mississippi
youth drowned in the Arizona Canal while fleeing Boys Ranch employees.
The death was ruled accidental.
2. In the wake of that
death, the Arizona Supreme Court put a freeze on sending that state's teens
to Boys Ranch but has since resumed placements. In 1995, Alameda County,
Calif., withdrew 67 boys after half of them claimed abuse at the hands
of ranch staff. The Alameda County Juvenile Court concluded there was "systematic
abuse." But Alameda County, too, resumed sending boys to the ranch.
3. In 1995, the ranch
fired two employees who struck a 15-year-old California boy 25 to 30 times.
4. Newly released Arizona
Department of Economic Security records show that in a 1996 internal memo,
five employees complained that Boys Ranch was hostile and uncooperative
and "continues to abuse children, thwart regulations and use their political
influence to combat noncompliance of licensing rules." The documents also
show that DES agreed to give the ranch 48 hours' notice before undertaking
any inspections.
5. The ranch's license
has been put on provisional status because of abuse three times. In the
latest case, its license was renewed in 1996, with the stipulation that
it enact more stringent reporting on ill or hurt children and increase
staff training on the use of physical restraint and control.
After the death of Nicholaus,
the ranch responded quickly, with
changes such as firing two
employees and placing four others on
administrative leave, that
included the camp director. Though they
say the problem was not systemic,
they do admit that some of the
staff acted in an inexcusable
way.
In October of 1998, five former
employees of the ranch were indicted
on charges that they were
responsible for the death of Nicholaus. The
case was seven months old
when the indictments came. The five
employees were the ones who
worked most closely with Nicholaus.
Linda Babb and four others,
Geoffrey Sean Lewis, Montgomery
Clayton Hoover, Michael Martin
Morena and Troy Michael Jones were
the defendents who were indicted.
Each of them were charged with
one count of child abuse
and one count of manslaughter. They faced
12 and a half years for what
they did to Nicholaus, once again, the
punishment would NOT
fit the crime. The charges would eventually
be dropped.
In 50 years of operation,
the ranch was now facing a threat bigger
than they had eve rseen.
State officials refused to renew the licence
for them to operate unless
they agreed to some reforms:
1. Adhere to a zero-tolerance
policy on abuse. It has always had such a policy, but state investigators
want the board of directors to enforce it.
2. Create an ombudsman
office to resolve youth complaints.
3. Hire state-approved
consultants to determine whether changes are needed in staff training,
medical services or the way employees control youths.
4. Add an expert in
youth rehabilitation programs - with no ties to the Boys Ranch - to the
board of directors.
5. Recruit a new director
within 60 days. The board last month bought out the contract of Bob Thomas,
who led the ranch for the past 22 years.
6. Let state investigators
do their job by giving them unobstructed access to residents, staff and
records without prior review or oversight by ranch legal staff.
None of the people responsible
for the death of Nicholaus were ever
sent to prison or held accountable,
legally. The Pinal Country District
Attorney dropped all of the
charges:
"The court ruled that because
the staff depended on Babb (who was allegedly absent most of the time)
for information about Contrarez's condition, and she claimed there was
nothing wrong with him, they were not responsible for his death. Paradoxically,
the court ruled that because Babb didn't have enough information about
Contrarez to know his life was threatened (due to her absence), she wasn't
guilty either. The extent of any further legal repercussions for the facility
were that California canceled its contract with it, and ceased funding"
The Arizona Boys Ranch changed
their name to Canyon State Academy in March of 2000. Their website talks
about chagnes they
have made while showing pictures
of children in class, feeding cattle,
working with machines and
playing basketball. Where are the pictures
of the children being punished
by being made to do hard work,
outside, in the heat? Absent
are the pictures of the children who were
murdered there.
A settlement of $3 million
dollars was made to the mother of
Nicholaus.
"I feel like he was sacrificed, and some
good things
changed for the better because of him. But
nobody
really paid a price for his death."
Read
letter from Ron Acket about Nicholas

For information about preventing child abuse in the
state of Arizona, click the links below. If they can't help you, ask for
someone who can. NEVER give up looking for help for an abused child!
Call this number to report
child abuse ANY WHERE in the United States!
1-800-4-A-Child
1-800-422-4453

 
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