Trials begin for 4 charged in fight club

By CHRISTOPHER SHERMAN Associated Press Writer © 2009 The Associated Press

July 5, 2009, 8:26AM

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McALLEN, Texas — This week jurors in Corpus Christi are expected to watch the graphic abuse of the developmentally disabled on grainy cellphone videos showing the state's most vulnerable wards forced to fight each other for the entertainment of those responsible for protecting them.

Four former employees of the Corpus Christi State School go on trial Monday for their roles in the orchestrated, late-night "fight club" uncovered in March after the disturbing images were found on a lost cellphone.

For the state, the case tears open a subject it has been at pains to close.

At the end of May, the Legislature gave final approval to a $112 million settlement with the U.S. Department of Justice for widespread mistreatment found at the state's 13 residential facilities for the developmentally disabled. As part of the settlement the state plans to hire 1,000 more staff for the facilities. The agency's civil rights investigation found at least 53 deaths from September 2007 to September 2008 stemming from what it considered preventable conditions.

Last month Gov. Rick Perry signed legislation aimed at improving oversight of the facilities that house nearly 5,000 Texans, including installation of video cameras in common areas. It also changed the facilities' name to State Supported Living Centers. And nearly two weeks later, Adelaide "Addie" Horn, head of the agency charged with overseeing the state schools announced she would retire in August.

Laura Albrecht, a spokeswoman for the Department of Aging and Disability Services, said the agency continues making unannounced visits to the Corpus Christi facility and cameras are being installed. She said the settlement with the Justice Department was "a big step that will certainly bring improvements and changes to the system."

But Monday, jurors will meet Timothy Dixon, 30, D'Angelo Riley, 23, and Jesse Salazar, 25, all charged with multiple counts of causing bodily injury to a disabled person. In a separate courtroom, Stephanie Garza, 21, will face a lesser charge of not intervening to stop the fights. Two other former employees are scheduled for trial later this year.

"These people did horrific things," said Jeff Garrison-Tate, of the advocacy group Community Now!, which has called for the closure of the state schools in favor of community-based services. "But they were given silent permission for these heinous acts."

"They need to send a message to all the other state employees in there that they're accountable," he said.

District Attorney Carlos Valdez did not return calls for comment. Defense attorneys for the accused declined to comment, citing Judge Sandra Watts' request that they not speak to the media.

In March, Corpus Christi Police announced that arrests were imminent in what they described as a "fight club" case at the Corpus Christi State School. Nearly 20 videos, dating back to 2007, found on a cellphone turned in to police showed school staff forcing residents into late-night bouts, even kicking to egg them on. Eleven staff members were identified in the videos and six, who were present in videos where investigators believe an injury occurred, were charged.

Dixon is believed to have shot the videos, though other staff members can been seen pointing cellphone cameras toward the brawls. None of those charged still works at the facility, which housed about 340 residents.

At the time, Horn called the fights "unconscionable" and the initial cause appeared to be a lack of supervision on the overnight shift. Guards to provide around-the-clock security were hired and trained. Perry sent his chief of staff Jay Kimbrough to investigate.

Since then, a lawyer representing residents who were involved in the fights has filed sued the state.

There were 229 confirmed allegations of abuse or neglect at the Corpus Christi State School between fiscal year 2004 and fiscal 2008, according to the Texas Department of Family and Protective Services. The agency investigated 5,443 allegations of abuse and neglect at the school during that five-year period.

The school's director remains in place to the consternation of some who say that even if director Iva Benson did not know about the fights, the incidents showed a disturbing lack of supervision.

"They (those charged) were probably the ones instigating the fight clubs, but my concern is how can you have it going on as long as it did without the administration knowing about it?" said Beth Mitchell, the managing lawyer for Advocacy Inc., a non-profit with federal authority to monitor abuse and neglect at the facilities. "Why aren't they being held accountable for not properly supervising their schools?"