Local News
082209 LOCAL NEWS 1 AVALANCHE-JOURNAL
The mother of a man who died at the Lubbock State School this summer said reports show her son, whose death was ruled a homicide Friday, was "body slammed" against a wall and "choked until he turned blue."
State school death a homicide
By Sarah Nightingale and Robin Pyle AVALANCHE-JOURNAL
Saturday, August 22, 2009Story last updated at 8/22/2009 - 1:52 am
The mother of a man who died at the Lubbock State School this summer said reports show her son, whose death was ruled a homicide Friday, was "body slammed" against a wall and "choked until he turned blue."
Lilly Nicholson also said the report indicated an employee restrained her son by "sitting on him."
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Lubbock County Medical Examiner Sridhar Natarajan ruled Michael Ray Nicholson's death a homicide Friday morning, noting his cause of death as physical altercation with asphyxia.
Nicholson, 45, died at the state school on June 6 while in the care of six employees, who have since been fired.
"Since the death occurred during a physical altercation between individuals the manner of death is classified as a homicide," the autopsy report reads.
Charges have not yet been filed in the homicide. Capt. Greg Stevens said police officials presented on Friday morning a manslaughter case to the Lubbock County Criminal District Attorney's Office. Employees of the office will decide if any charges will be filed.
No suspects have been named.
The mother said she hoped authorities would prosecute those involved.
"This was a senseless thing," Nicholson said. "There was nothing else wrong with Michael. He was murdered."
Just before death
Lilly Nicholson said state reports show her son died while staff struggled to undress him.
The family has received numerous reports they requested from the Lubbock State School - now officially named the Lubbock State Supported Living Center - and the state agencies that oversee the school.
An Avalanche-Journal request to view the documents was recently declined by the Lubbock Department of Disability and Aging Services (DADS) and is awaiting a final decision from the Attorney General's office.
Nicholson said her son - who suffered from Obsessive Compulsive Disorder in relation to the clothes he wore - refused to dress on June 6 while "his one set of clothes" was being washed. Because of the condition, he was "allowed to be naked in his room," she said.
"They did dress him, but they killed him in the process," she said.
Michael Nicholson had a history of psychiatric and behavioral problems with episodes of combative behavior, according to the medical examiner's report.
Nicholson described her son Friday as someone who "did not know how to fight and never seriously injured anyone in his entire life."
"He could be obstinate, contrary, and frustrating when he could not communicate his needs and desires," she said.
Nicholson, who kept her son at home for 15 years, said he "had no physical problems (but) required constant care to keep him safe and healthy."
"He was in special ed classes from the time he was 5 years old, but never was able to advance. He was non-verbal," she said, adding, "he was a joy to us. He was truly innocent and loved the beautiful things in life. He loved to dance, sing and watch cowboy movies."
Nicholson said staff at the school "got carried away."
"If they hadn't done what they did, Michael would be alive today," she said.
According to the medical examiner report, Nicholson was partially on a bed and positioned for a period of time during which his head and neck were abnormally stretched. He was on a mattress with an individual lying over a portion of his upper torso.
He then became unresponsive, the report reads.
Natarajan said there were multiple areas of bruising, abrasions and lacerations on Nicholson's body, though none of those injuries were fatal. The medical examiner also found multiple areas of old bruising on the body.
Most concerning to Nicholson was evidence in the state reports that now dismissed school employee Donnell Smith restrained her son by "laying on him six or seven times."
A-J attempts to reach Smith were unsuccessful. His number is not listed in the phone book, and other numbers The A-J obtained for him were disconnected or went unanswered.
Nicholson said neurosurgeon Dr. Patrick Cindrich had told staff Nicholson was "not to be restrained, period," because of the potential it would cause detriment to a healed broken neck he suffered earlier. The man's neck was broken at the school, his mother said.
A 2006 Department of Justice report investigating practices at the school prohibited the use of manual restraints on school residents.
A report from a division of the Texas Department of Family and Protective Services noted Smith didn't believe he had restrained him because he laid on him, rather than restraining his arms, Nicholson said.
The report, Nicholson said, documents Smith stating he "wasn't going to put up with any of Mike's nonsense."
She said Smith was "agitating" Nicholson by "mocking him and making fun of him" and that after realizing her son was not breathing it was "too long before CPR was performed."
Three other staff, she said, were present in the room while Smith restrained Nicholson, causing him to "turn blue and stop breathing."
"No-one came to his aid," she said.
Investigations
Six state school employees - Smith, Jessica Santos, Abrisha Henderson, Amiya Harper, Craig Stevenson and Omar Jordan - were fired from the school after the incident.
The firings were made when a Texas Department of Family and Protective Services investigation confirmed their involvement in the physical abuse and neglect of Nicholson.
"The department has a zero tolerance policy regarding abuse and neglect of the residents in our care," said Laura Albrecht, spokeswoman for the Texas Department of Aging and Disability.
"We believe we took swift actions when we received those confirmations (of abuse and neglect) from adult protective services."
The employees had been with the Lubbock State School from about six months to three years, Albrecht said.
None of them were listed in the Lubbock phone book, and The A-J wasn't able to reach Santos, Henderson or Stevenson through numbers obtained elsewhere.
The Lubbock State School houses approximately 300 people with the diagnosis of mental retardation. The 24-hour residential facility, located at 3401 N. University Ave., sits on a 226-acres site about three miles north of the city.
The school and others in the state have been under scrutiny by legislators and government officials for years.
In 2008, nearly 270 employees were fired or suspended for abusing or neglecting residents in the state schools, records published earlier this year show.
In June, just days before Nicholson's death, Gov. Rick Perry signed legislation aimed at improving security and oversight at the facilities.
To comment on this story:
sarah.nightingale@lubbockonline.com l 766-8796
robin.pyle@lubbockonline.com l 766-8742
shelly.gonzales@lubbockonline.com l 766-8747
082209 LOCAL NEWS 1 AVALANCHE-JOURNAL
The mother of a man who died at the Lubbock State School this summer said reports show her son, whose death was ruled a homicide Friday, was "body slammed" against a wall and "choked until he turned blue."
State school death a homicide
By Sarah Nightingale and Robin Pyle AVALANCHE-JOURNAL
Saturday, August 22, 2009Story last updated at 8/22/2009 - 1:52 am
The mother of a man who died at the Lubbock State School this summer said reports show her son, whose death was ruled a homicide Friday, was "body slammed" against a wall and "choked until he turned blue."
Lilly Nicholson also said the report indicated an employee restrained her son by "sitting on him."
OAS_AD('Position3');
Lubbock County Medical Examiner Sridhar Natarajan ruled Michael Ray Nicholson's death a homicide Friday morning, noting his cause of death as physical altercation with asphyxia.
Nicholson, 45, died at the state school on June 6 while in the care of six employees, who have since been fired.
"Since the death occurred during a physical altercation between individuals the manner of death is classified as a homicide," the autopsy report reads.
Charges have not yet been filed in the homicide. Capt. Greg Stevens said police officials presented on Friday morning a manslaughter case to the Lubbock County Criminal District Attorney's Office. Employees of the office will decide if any charges will be filed.
No suspects have been named.
The mother said she hoped authorities would prosecute those involved.
"This was a senseless thing," Nicholson said. "There was nothing else wrong with Michael. He was murdered."
Just before death
Lilly Nicholson said state reports show her son died while staff struggled to undress him.
The family has received numerous reports they requested from the Lubbock State School - now officially named the Lubbock State Supported Living Center - and the state agencies that oversee the school.
An Avalanche-Journal request to view the documents was recently declined by the Lubbock Department of Disability and Aging Services (DADS) and is awaiting a final decision from the Attorney General's office.
Nicholson said her son - who suffered from Obsessive Compulsive Disorder in relation to the clothes he wore - refused to dress on June 6 while "his one set of clothes" was being washed. Because of the condition, he was "allowed to be naked in his room," she said.
"They did dress him, but they killed him in the process," she said.
Michael Nicholson had a history of psychiatric and behavioral problems with episodes of combative behavior, according to the medical examiner's report.
Nicholson described her son Friday as someone who "did not know how to fight and never seriously injured anyone in his entire life."
"He could be obstinate, contrary, and frustrating when he could not communicate his needs and desires," she said.
Nicholson, who kept her son at home for 15 years, said he "had no physical problems (but) required constant care to keep him safe and healthy."
"He was in special ed classes from the time he was 5 years old, but never was able to advance. He was non-verbal," she said, adding, "he was a joy to us. He was truly innocent and loved the beautiful things in life. He loved to dance, sing and watch cowboy movies."
Nicholson said staff at the school "got carried away."
"If they hadn't done what they did, Michael would be alive today," she said.
According to the medical examiner report, Nicholson was partially on a bed and positioned for a period of time during which his head and neck were abnormally stretched. He was on a mattress with an individual lying over a portion of his upper torso.
He then became unresponsive, the report reads.
Natarajan said there were multiple areas of bruising, abrasions and lacerations on Nicholson's body, though none of those injuries were fatal. The medical examiner also found multiple areas of old bruising on the body.
Most concerning to Nicholson was evidence in the state reports that now dismissed school employee Donnell Smith restrained her son by "laying on him six or seven times."
A-J attempts to reach Smith were unsuccessful. His number is not listed in the phone book, and other numbers The A-J obtained for him were disconnected or went unanswered.
Nicholson said neurosurgeon Dr. Patrick Cindrich had told staff Nicholson was "not to be restrained, period," because of the potential it would cause detriment to a healed broken neck he suffered earlier. The man's neck was broken at the school, his mother said.
A 2006 Department of Justice report investigating practices at the school prohibited the use of manual restraints on school residents.
A report from a division of the Texas Department of Family and Protective Services noted Smith didn't believe he had restrained him because he laid on him, rather than restraining his arms, Nicholson said.
The report, Nicholson said, documents Smith stating he "wasn't going to put up with any of Mike's nonsense."
She said Smith was "agitating" Nicholson by "mocking him and making fun of him" and that after realizing her son was not breathing it was "too long before CPR was performed."
Three other staff, she said, were present in the room while Smith restrained Nicholson, causing him to "turn blue and stop breathing."
"No-one came to his aid," she said.
Investigations
Six state school employees - Smith, Jessica Santos, Abrisha Henderson, Amiya Harper, Craig Stevenson and Omar Jordan - were fired from the school after the incident.
The firings were made when a Texas Department of Family and Protective Services investigation confirmed their involvement in the physical abuse and neglect of Nicholson.
"The department has a zero tolerance policy regarding abuse and neglect of the residents in our care," said Laura Albrecht, spokeswoman for the Texas Department of Aging and Disability.
"We believe we took swift actions when we received those confirmations (of abuse and neglect) from adult protective services."
The employees had been with the Lubbock State School from about six months to three years, Albrecht said.
None of them were listed in the Lubbock phone book, and The A-J wasn't able to reach Santos, Henderson or Stevenson through numbers obtained elsewhere.
The Lubbock State School houses approximately 300 people with the diagnosis of mental retardation. The 24-hour residential facility, located at 3401 N. University Ave., sits on a 226-acres site about three miles north of the city.
The school and others in the state have been under scrutiny by legislators and government officials for years.
In 2008, nearly 270 employees were fired or suspended for abusing or neglecting residents in the state schools, records published earlier this year show.
In June, just days before Nicholson's death, Gov. Rick Perry signed legislation aimed at improving security and oversight at the facilities.
To comment on this story:
sarah.nightingale@lubbockonline.com l 766-8796
robin.pyle@lubbockonline.com l 766-8742
shelly.gonzales@lubbockonline.com l 766-8747
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