Child Murder in Texas is Just Fine

[ThirdWorldJohn]

http://www.kdhnews.com/news/story.aspx?s=33444

Killeen woman testifies to CongressPosted On: Wednesday, May. 20 2009 05:43 AM

By Rebecca LaFlure
Killeen Daily Herald

Cedric Napoleon gave his foster mother, Toni Price, a beaming smile as he boarded a Killeen school bus on March 7, 2002.

"You know I love you, Ma," Cedric said, then an eighth-grader at Manor Middle School.

Cedric never made it back home.

The 14-year-old special-education student died that afternoon after his behavior management teacher placed him in a "therapeutic floor hold" to prevent him from struggling during a dispute over lunch.

Price spoke out on her foster son's behalf during a congressional hearing in Washington, D.C., Tuesday about the inappropriate use of seclusion and restraint techniques in schools. She was one of two parents of victims to testify.

The House Education and Labor Committee hearing was conducted on the same day government investigators released a report that found widespread allegations of abuse involving the uses of seclusion and restraint in classrooms, several of which resulted in death.

The Killeen Independent School District has since changed its policy so no student can be restrained on the floor, and all instances must be thoroughly documented, said KISD spokeswoman Leslie Gilmore.

Employees certified to restrain must go through Crisis Plan Intervention training. Students can still be restrained while sitting or standing up, she said.

According to Price's testimony, Cedric was denied lunch on the morning of his death as punishment after he stopped doing his school work. Around 2:30 p.m. Cedric, who still hadn't eaten, tried to leave the classroom.

The teacher, roughly 6 feet tall and more than 230 pounds, forced the 129-pound Cedric back down into his chair.

Cedric struggled while being held in his chair, so the teacher then pinned him face-down on the floor and sat on him.

"I can't breathe," Cedric said.

"If you can speak, you can breathe," the teacher said, according to Price's testimony.

Cedric stopped moving, but the teacher continued to restrain him. Finally, the teacher and a teacher's aide put Cedric back in his chair and wiped drool off his lip. The limp child slumped over and slipped out of his chair, Price testified.

Cedric was dead by the time Price arrived at the school.

Cedric's death was ruled a homicide, but no charges were ever filed. The teachers involved in the restraint never faced trial. A Bell County grand jury decided to take no action against them after an investigation in August 2002.

The teacher who smothered Cedric now teaches at a school in Virginia.

"If that teacher was just doing her job, then something is very wrong with the system," Price said. "If I'd treated Cedric Napoleon that way at home, I'd be in jail."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Well no one has been to court over the abuses of children that was exposed during the texas Youth Commission scandal either.

[Ezlivin]

1. The Lege will get to it after they deal with the EXTREMELY IMPORTANT Voter ID Bill

First things first.

We can't let voting be too easy or else everyone will want to do it. Next thing you'll know, they'll want to change the government!

After we get God back in the classrooms, creationism intelligent design instead of evolution and more tax breaks for corporations we'll look into this whole mythical murder thing.

It's great living in the Lone Star state!

:sarcasm:

[Baby Snooks]

2. The Voter ID bill, and the....

So many other priorities. One is making sure tenants in Houston no longer have any protections from slum landlords. Another is making sure Metro in Houston can run its rail lines wherever the developers want and condemn property wherever the developers want. And yet another is trying to save TRCC, aka the Bob Perry Protect the Homebuilders Commission, through an amendment to a bill, preferably one no one will notice until it's too late. The list is endless. All around the state everyone is watching the special interest take priority over the public interest. Again. And every single Democrat will go home at the end of the session and tell their constituents that despite the fact they voted for this or that bill they don't believe in it and as soon as the next legislature rolls around they will take care of it. And so of course everyone needs to support them and vote for them. So they can take care of it next time. Which some have been promising for how many years?

[JonQ]

3. "If you can speak, you can breathe"

Technically correct. I wonder if something else was going on as well, seizure/shock, etc.

[ThirdWorldJohn]

4. Yes his chest was crushed. The Dr said he had only seen injuries like that from car wrecks.

[JonQ]

6. Yeesh

Negligent homicide I'd say then.

I don't see anything to indicate it was intentional, or even malicious necessarily. But negligent definitely.

[WolverineDG]

5. Because it's much more fun to scare the shit out of kids with tanks & swat teams

:grr:

dg

[Honeycombe8]

7. How sad. nt

[sonias]

8. Pathetically sad

We have a whole culture in Texas that froths at the mouth to "protect" the unborn fetus. But when it comes to protecting the child who has been born - well that's a whole other story. They have no problem keeping kids off CHIP, and shortchanging their health, education and safety. Especially if they child is a poor child. Or as DG points out taking them away from their mothers for no good reason.

And it takes years or decades for parents to even get a chance at some justice

AAS 5/28/09
Mother wins consent to sue state over son's abuse injuries
Senate OKs measure to allow lawsuit over harm done to man at state school.

The Texas Senate voted Wednesday to allow a Dallas mother to sue the state for permanent injuries suffered by her son as a result of abuse at the Denton State School.

The 24-7 vote came just over four hours before the deadline for action on the measure and marked the first time since 2001 that lawmakers voted to allow anyone to sue the state. Under provisions of the U.S. Constitution, the state cannot be sued without permission of the Legislature.

The Senate action— which sends the measure to Gov. Rick Perry — could mark the end of Farhat Chishty's long battle to get to the courthouse. Her son Haseeb, now 35, was left without the use of his arms and legs after being beaten in 1992 by Kevin Miller, a state school employee who was sentenced to 15 years in prison.
(snip)
State law limits the Chishty's potential court-awarded damages to $500,000, in addition to medical costs. Prior to Wednesday's vote, Lt. Gov. David Dewhurst said he believed the state had been fair.

See what that asshat Dewhurst said about the Chishty family. That the 40,000 total compensation they have received to date is fair. And 7 other Senators obviously felt the same way. I don't have a list of them, but I'll take a gamble to say that Fraser and Patrick were two of them for sure.

The woman's son is now confined to a wheelchair and unable to feed himself or use the bathroom. Pretty much requires 24 hour a day care and Dewhurst and 7 other heartless bastards in the Senate think the $40K was fair. :grr:

This is your compassionate conservative Republicans in Texas.


Sonia

[onestepforward]

9. Horribly tragic. n/t