
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. Virginia 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. Virginia had
her
license suspended
and then after she went into a rehabilitation 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 Virginia 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 Pina Country Sheriff's Department that they had no knowledge of the
medical history 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 demands 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. Joe 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
orientation
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 defendants 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 ever seen. State
officials refused to renew the license 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 changes 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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