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Two Three Texas Children's Lives are Being Destroyed
Retaliation is Real ~ Just ask these three children!
Updated: May 24, 2008

This is a disturbing story of what can happen when CPS makes an ill-advised decision to remove children from their loving family. This series of events began innocently, and has resulted in the devastation not just of a family, but the lives of three young children; one who had not disobeyed his mother and was being mainstreamed into regular education.

In August of 2007, the mother of two young boys, Andrew and Dustin*, ages 13 and 12, grounded them for misbehaving. On August 23rd, the boys were playing in their back yard, when they decided to disobey their mother and go to the playground. When they got there, the boys claim that they noticed three other young boys playing in an unlocked, ungated junkyard directly across the street. As many young boys would, they decided to play with the three others.

When their mother realized her sons were no longer in the back yard, she and their siblings conducted a search of the neighborhood. Both boys are special needs children and their mother worried she would not be able to find them before it was time for their medications. After the family was unable to locate Andrew and Dustin, their mother's worry turned to fear and she called the Bexar County Police Department. The police ultimately found the boys, who were still playing in the junkyard. According to Andrew and Dustin, the police told the three other boys to go home.

Andrew and Dustin were taken into custody and charged with felony breaking into a building. Andrew was acquitted in February of this year. Dustin, after filing a motion for a new lawyer due to ineffective counsel, signed a plea at the advice of his new court-appointed lawyer.

Dustin's mother was not allowed to be informed of what the attorney, Ramone DeLeon; probation officer, Tracy Gippert; or Judge Laura Parker had planned for Dustin. Psychological and school testing since 2004, reveals that Dustin is unable to read, has the cognitive comprehension of the second half of first grade, and has been on SSI since five years of age.


Dustin and Andrew, along with their youngest brother, Chris, were removed from their home on September 14, 2007, for reasons no one can comprehend.

Where are all the attorneys who are clamoring for the spotlight of the FLDS removals?


Click on the pictures below to get a better idea of what this Junkyard looks like.

left side of junkyard
Note the wide open field around JUNK
view from entry
This would be illegal in the City of San Antonio!
Entry to Junkyard
Photographer is standing in the open driveway
Left side of junkyard
Where is the Fence? Where is a Gate?


This story is a sad example of what can happen when a mother reaches out for help from the police. The police allegedly let three of the five trespassers go, and yet the prosecutor chose to charge these two young boys with a felony crime. The prosecutor could have charged them with a lesser crime of trespassing (into this ungated junkyard) or let them go with a warning, as the police had decided to do with the other three boys. Charging these boys with a felony seems a harsh reaction to their childish trespass, especially considering that neither of them had ever been convicted of a crime.



Compare the Outcome of Care
In their Mother's Home
In State Foster Care

Youngest brother, 10 year old:

  • He was being mainstreamed from special education.
  • He was on the honor roll.
  • He did not have trouble in school.
  • He never ran away from his mother's home.
  • He has been placed in an RTC.
  • In March of this year he was placed in a mental health hospital.
  • He may be sent to an Alternative Learning Center.
  • He has run away from his foster home.
  • He has been in trouble with the school.

12 year old:

  • He is classified as special needs as defined by ADA.
  • He suffers from lead poisoning and is of an extremely small stature (5th percentile according to the Center For Disease Control).
  • He was grounded for misbehaving.
  • He had recently entered his first year in junior high school.
  • After NINE Months in the San Antonio Juvie Center, because CPS could not find an appropriate placement, he has finally been moved to an RTC.
  • He has been in the San Antonio Juvenile Detention Center since September of 2007.
  • His small stature has caused Texas attorneys to question whether the Juvenile Detention Center should have a height requirement.
  • His education has all but stopped.
  • His lead level is 14; 10 is the threshold and the American Medical Association is considering lowering the threshold to 5.
  • He cannot read or write, and was coerced into signing a plea deal. He believed he was signing papers that would allow him to go home.
  • His most recent motion for a new trial, based on ineffective counsel was denied.

13 year old:

  • Intelligent child.
  • Questionable for Asperger's Syndrome.
  • He was grounded by his mother.
  • He is classified as special needs (ADA).
  • Had begun classes at a new school.
  • He has been moved six times in six months.
  • He was acquitted of all charges in February 2008.
  • He is currently in a mental health hospital (Third time since Sept.).
  • He has run away several times.
  • CPS is considering placing him in a long-term placement for mentally retarded children.

CPS's poorly reasoned decision to remove these boys from their home is an escalation of an already appalling story, that has caused a decline in each boy's mental and emotional health, sense of security and ability to become successful members of society.


Welcome to Justice, Texas Style!

Please Note: This story will continue to be updated.
*The boys names have been changed.

A. Kaiser, H4K Editor



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