| Ron
Ackert's letter of June 19, 1998 to Dr. Linda Blessing, Director,
Arizona
Department of Economic Security, regarding the killing of teenager
Nicholaus
Contraraz at Arizona Boys Ranch
June
19, 1998
Dr.
Linda Blessing,
Director
Arizona
Department
of Economic Security
1717
West Jefferson
Street
Phoenix,
AZ 85007
RE:
Nicholaus Contreraz
(01/15/82--03/02/98)
Nicholaus
Contreraz
looked forward to his California court-ordered stay at Arizona Boys
Ranch
in Oracle. A Ranch representative who visited him in late December
1997,
or early January 1998, in Sacramento Juvenile Hall had told him that
this
would be his golden opportunity to turn his life around. Nicholaus was
excited because he would be able to earn his high school diploma while
at the Ranch.
You
see, Nicholaus
Contreraz had a dream of becoming a firefighter. He wanted to help
people,
just like those who tried so hard in 1994 to help his dad when he was
laying
upon the ground in front of the family home in Sacramento, the victim
of
mistaken identity in a fatal drive by shooting.
After
witnessing
the death of his dad in 1994, Nicholaus was a little boy lost amidst
tidal
waves of grief and despair. A bright student, Nicholaus lost interest
in
his studies, so overwhelmed was he by the loss of his dad. His
otherwise
good common sense was eventually overruled by attempts to get attention
for his psychological needs and a soul troubled by the death of his
father.
Shoplifting,
running
away from group homes that he was placed in, and joyriding in a stolen
car prompted the Sacramento County judge to tell Nicholaus and his
family
that Arizona Boys Ranch was his last chance before California Youth
Authority
commitment. All pennyante stuff when compared to the track records of
most
CYA inmates.
Upon
arrival at the
Ranch in Oracle January 8, 1998, Nicholaus never had a chance. An
asthmatic,
staff physician Dr. Virginia Rutz apparently prescribed Nicholaus
inhalers
one month after his arrival. However, he was forbidden to use them
unless
he had permission from Arizona Boys Ranch staff to so do. So much for
prescribing
medication to a kid with a chronic ailment that impacted his
breathing--medication
for a kid who was transported from living in a near-sea level
environment
to the elevation at Oracle.
The
continued requests
for medical attention that were made by Nicholaus because of ongoing
breathing
problems, perhaps initially exacerbated by the change in altitude and
other
environmental factors, were dismissed by Nurse Babb and all Ranch staff
members whom Nicholaus trusted and believed he could rely upon for
intervention
when needed.
After
all, the Ranch
claims, even today, that "aggressive" medical intervention is provided
for kids entrusted to their care and supervision.
Despite
his repeated
requests for medical attention, Dr. Rutz examined Nicholaus only upon
his
arrival January 8 and again one month later on February 8. This
suggests
that the Ranch provided their wards with access to Dr. Rutz only once
per
month, preferring that Nurse Babb apply her keen health care skills
instead.
When she examined Nicholaus on February 8, Dr. Rutz entered in his
medical
records that she could detect no signs of illness. It appears that
about
this time, however, Nicholaus was complaining to Ranch staff and Nurse
Babb about his continuing breathing difficulties, plus persistent
diarrhea
and vomiting. His diarrhea was treated by Ranch staff by refusing him
access
to toilet facilities except for in the morning after breakfast and
again
during the evening hours following the conclusion of whatever "physical
training" he was required to perform, or was "assisted" by Ranch staff
in completing.
Although
Nicholaus
continued to complain of breathing difficulties, Nurse Babb and Ranch
staff
continued to deny Nicholaus access to competent health care, dismissing
his complaints as merely attempts to get out of his program
responsibilities.
Nurse Babb or Ranch staff gave Nicholaus a paper sack to breathe in;
claiming
that he was merely hyperventilating. Ranch staff further responded by
turning
up the heat, ordering him to perform more physical training exercises.
Nicholaus was also forced to drop his pants so other Ranch wards could
inspect him to see if his uncontrollable bowels had again soiled his
clothing.
Nicholaus was also given a small trash container to carry with him
everywhere
he went. It contained clothes that had been soiled when his bowels let
loose and, eventually, his vomitus.
As
his vomiting became
more frequent, the aggressive medical attention provided Nicholaus by
Ranch
staff was an order to vomit in the small trash container containing his
excrement soiled clothing; increased physical training exercises; and
further
humiliation by Ranch staff, including having to do pushups so his head
went inside of the container holding his excrement soiled clothing and
vomitus.
On
February 27, 1998,
Nicholaus Contreraz was allowed to telephone his family. His
grandmother,
Connie Woodward, told E.J. Montini of the Arizona Republic that "There
were ranch people on the line with Nick, on a speaker phone," Woodward
says. "They said he hadn't eaten in a week. I said, 'My God, how much
weight
has he lost?' 'They said he was a strong, healthy boy, and not to
worry.
They said they wanted him to do 10 push-ups and when he wouldn't do it,
they took his arms and legs and forced him. Stuff like that."
"I
asked Nickie,
'What's the matter, babe?' and he couldn't put sentences together. I
guess
he didn't have the breath. He said, 'Wanna die. Wanna be with dad. Too
hard.' "
She
also says Contreraz
told her, "Chest hurts bad." (Arizona Republic, 4/19/98)
Nicholaus's
mother,
Julie Vega said that throughout this last conversation the family had
with
him, Nicholaus was also coughing uncontrollably.
The
family of Nicholaus
Contreraz trusted that Ranch staff would see to his medical needs
whenever
necessary. They had been told that Arizona Boys Ranch would be a good
environment
for him. The court wouldn't send their son, nephew and grandson to a
place
that wasn't safe, would it? Surely the Sacramento County Probation
Department
would not agree to the referral if there had been past incidents at a
place
so far away.
Despite
their involvement
in this conversation with Nicholaus and his family, Ranch staff
continued
to deny Nicholaus access to competent health care, even after he
complained
to his grandmother that his "Chest hurts bad."
Or
that he had signaled
his will to live had been broken: "Wanna die. Wanna be with dad."
Thus
began the slow,
three-day shutting down of his body. The statement made by Nicholaus on
February 27 of wanting to die was not one of suicide, rather it was his
recognition that he was dying at the hands of his caregivers and hoped
that the torture he had been enduring would come to an end. Besides,
Nicholaus
had no need to commit suicide; he had come to the realization that his
caregivers were killing him, "Why are they doing this to me?" He just
wanted
it to be over with.
On
March 1, and again
on March 2, 1998, Nurse Babb continued to deny Nicholaus access to
competent
health care. She claims she could not detect signs of illness despite
his
obviously compromised respiratory efforts, vomiting, persistent
diarrhea,
and weight loss that would total approximately 20 pounds at the time of
his death during the early evening hours of March 2, 1998.
There
was ample time
to prevent his death by seeking competent medical intervention for
Nicholaus
following his complaints the morning of March 2, of being unable to
breathe
and experiencing pain in his chest and all over. However, Ranch staff
and
Nurse Babb continued their denial to him of competent health care.
Instead,
he was subjected to further humiliation in front of his peers.
Ranch
staff claims
that on March 2, 1998, they had to physically restrain and punish
Nicholaus
due to "aggressive" behavior. He may very well have been aggressive.
With
the ability of his lungs to oxygenate his blood now so severely
compromised,
his brain and body were starved for oxygen--but there would be one
last,
futile attempt to survive.
Throughout
his last
day, the will to live tried one last time to exert its dominance
through
the desperate attempts made by Nicholaus to be referred for competent
medical
evaluation and intervention. But once again, the desperate pleas made
by
Nicholaus for medical help were met with impossible demands made of him
by Ranch staff to perform more physically demanding training exercises.
After all, his efforts at acting sick were so good; Nicholaus was told
on this, the last day of his life, that he "deserved an Academy
Award."
At
approximately
1:00 PM on March 2, Sacramento County Probation Officer Don Berg talked
with Nicholaus on the telephone. Most certainly Nicholaus advised Mr.
Berg
of his breathing difficulties. Most certainly Nicholaus begged for
help.
Most certainly Mr. Berg could hear those difficulties as Nicholaus
gasped
out his words and gulped for the oxygen his body and brain were now so
starved for. Had Mr. Berg chosen to do so, he could have accessed the
local
EMS system in Pinal County from his location in California. If Ranch
staff
claimed to Mr. Berg that Nicholaus was merely acting in an attempt to
avoid
his program responsibilities, as they most surely must have done, it
was
incumbent upon Mr. Berg to look out for the best interests of his
client,
Nicholaus Contreraz.
Following
Nicholaus's
conversation with Mr. Berg, Ranch staff, instead of summoning competent
medical assistance, required him to perform even more physical training
exercises. Ranch staff was rewarded when Nicholaus vomited and again
defecated
upon himself. Statements made by some Ranch wards indicate that he was
not allowed to clean himself or change clothing. It can only be
presumed
for what reason. However, a scenario suggesting that he was being
punished
for telling his Sacramento County probation officer that he was ill is
quite likely. One needs only to look at how his medical needs were met
by Ranch staff following the conversation with his family three days
earlier
to draw such a conclusion.
Less
than two months
after turning sixteen, at approximately 5:30 P.M., Nicholaus Contreraz
collapsed from the effects of his physical and mental torture for the
last
time. When ordered to get up, he responded "No," the last word to ever
come from the mouth of a confused and troubled teen; a sixteen-year-old
boy harboring dreams of helping other people when he grew up. Dreams
that
he and his family believed Arizona Boys Ranch was going to help
Nicholaus
to realize.
We
know from witness
statements, that following his final collapse on March 2, two Ranch
staff
members picked Nicholaus up, one on either side supporting him under
his
arms, and carried him in such a way that his toes dragged along the
ground.
How long Ranch staff dragged Nicholaus like this before attempting to
force
water in his mouth is unknown. What does seem apparent, is that when
Ranch
staff finally dragged him to where they attempted to force water in his
mouth, Nicholaus had already gone into cardiorespiratory arrest.
Finally
agreeing
to get Nicholaus medical attention when they couldn't get a response
from
him, Ranch staff accessed the local EMS system; medical attention
Nicholaus
should have had in mid-February--medical attention that may well have
saved
his life had it been summoned at almost any time during his last day
alive;
medical attention he certainly would have received if Mr. Berg had
honored
his professional and fiduciary obligations to Nicholaus Contreraz
following
the conclusion of the 1:00 PM telephone conversation of March 2,
1998.
The
autopsy performed
by the Pima County Medical Examiner's Office described the lung and
chest
cavity infections as having "had been present for at least weeks prior
to his death," and that Nicholaus was otherwise "a well developed and
well
nourished" boy. The medical examiner also noted 71 cuts, abrasions and
contusions on Nicholaus's head, face and body.
Arizona
Boys Ranch
took the finding that Nicholaus was "well developed and well nourished"
as a way of attempting to minimize the circumstances that existed in
their
house of horrors at Oracle: "We hope that when the family receives the
facts, they will be relieved and realize Boys Ranch staff did their
best
to revive Nicholaus."
The
only realization
the family of Nicholaus Contreraz can have is that he is dead; that
Nicholaus
died while in the care and custody of Arizona Boys Ranch; that
Nicholaus
died as a result of the mental and physical abuse he received from
Ranch
staff; that Nicholaus died because he was deliberately denied access to
competent medical treatment by Ranch staff and Nurse Rabb; that the
physical
appearance of Nicholaus in death was so horrific, pictures had to be
placed
in his casket in order for people to know what he really looked like;
that
had Nicholaus Contreraz been treated like a human being while at
Arizona
Boys Ranch, efforts to revive Nicholaus at sunset on March 2, 1998,
would
not have been necessary; and that he most certainly would be alive
today,
still dreaming of becoming a firefighter in order that he could help
other
people, were he not in the care and custody of Arizona Boys Ranch
during
the seven week period leading up to March 2, 1998.
That
is the only
realization possible for the family of Nicholaus Contreraz, despite the
best efforts put forth by Arizona Boys Ranch to put a positive spin on
the death of a sixteen-year-old boy who should be alive today; who
would
be alive today if not for the house of horrors in Oracle, Arizona Boys
Ranch.
As
for the Ranch
press statement saying that it is hoped that the family of Nicholaus
Contreraz
"will be relieved," I doubt seriously there can ever be relief that
their
son, grandson, and nephew
is dead, unless solace can be found in the fact
that Nicholaus is no longer suffering at the hands of his 'caregivers'
at Arizona Boys Ranch.
The
Arizona Department
of Economic Security is reviewing the application of Arizona Boys Ranch
to continue its operations. Department staff and regulators should
encounter
no difficulty in understanding that Nicholaus Contreraz was tortured
and
that his death was no accident.
Additionally,
the
consequences of the acts and failures to act by Ranch staff, Nurse
Babb;
and Arizona Boys Ranch cannot be discounted by the failure of Mr. Berg
to summon outside medical assistance for Nicholaus following the
conclusion
of his telephone conversation with Nicholaus on March 2, for Nicholaus
died a torturous and needless death at the hands of his 'caregivers' at
Arizona Boys Ranch.
The
deliberate withholding
of medical treatment; the 2.2 liters of pus drained from his chest at
autopsy;
the 71 cuts, abrasions and contusions that covered his body from head
to
foot; the blood found in his stomach; the statements made to Pinal
County
Sheriff's Office investigators by Ranch staff; the statements made by
wards
of the Ranch; all combine to paint a rather clear picture: The death of
Nicholaus Contreraz was murder resulting from the deliberate denial of
medical treatment by Ranch staff, Nurse Babb, and the willful neglect
of
Arizona Boys Ranch.
Therefore,
the application
for license renewal submitted by Arizona Boys Ranch should, indeed it
must,
be denied with prejudice, regardless of threats of additional
litigation
by Arizona Boys Ranch, or threats of political retribution, or
intimidation.
By
denying the Ranch's
renewal application based upon the circumstances regarding the death of
Nicholaus Contreraz and cumulative evidence of past and current
wrongdoing;
perhaps in death, the dreams sixteen-year-old Nicholaus Contreraz had
of
helping other people can be fulfilled.
Rest
in Peace, Nickie.
Respectfully
submitted,
Ron
Ackert
Riverside,
California

Return
To Nicholas's Story
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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