GUILTY FL - Wayne Treacy for savage beating of 15yo girl, Deerfield Beach, 17 March 2010

  • #161
Agreed. Not that who made the comment (sent the text) matters one whit. Cruel words do not justify murderous rage. It just plain doesn't matter what was said or by whom, the rage in the response and the nonchalance afterwards while texting his friends "I think I just killed someone. Might be going to jail"* is indicitive of a kid who was going to hurt someone. If it wasn't Josie on that day for that reason, it was going to be someone, for some stupid reason on some day. The kid was a time bomb, poor Josie was collateral damage.

* not a direct quote of the text he sent, my own paraphrasing.

Oh, absolutely, it would never justify his actions - not one iota! The only reason to know who sent it and what it said, would be to strengthen the case against the 13-year-old who probably lied to her boyfriend, led Josie to her death, then lied about it all to police.
 
  • #162
Oh, absolutely, it would never justify his actions - not one iota! The only reason to know who sent it and what it said, would be to strengthen the case against the 13-year-old who probably lied to her boyfriend, led Josie to her death, then lied about it all to police.


Exactly why I would really like to know. I'm inclined to believe it was the 13yr old girl since Josie lent her the phone.

JMO
 
  • #163
There was probably nothing said about the brother. This boy has probably used this excuse before to justify his bad behavior. It wouldn't surprise me at all to find out that the Josie just didn't want to relay the message that he called..
 
  • #164
i dont think from reading her aunts reports that she is gonna even make it, memory or pysically impaired, regardless :(

i prayed hard for the little girl who was likely to be on the feeding tube for life, and she has made a remarkable recovery in a short time.

im still holding out a little hope here......

I feel the same way although still praying for Josie to recover. It just does not sound good even though there is still hope.

JMO
 
  • #165
Bozgal--I wanted to address your comment about the possibility of suing the school. While I realize that many people assume that that is a distinct option, we were shocked, in our case, to learn that it just isn't feasible.

Our children were repeatedly raped by their teacher's teen son, on the school grounds (during school hours) and at the teacher's home (next door to our house). When the disclosures were made, we were advised by the prosecutors to obtain legal counsel on locking in the right to bring a civil suit. We had three different well-respected attorneys spend hours looking at our case. We were told, shockingly, that we couldn't. The reason? We could not sufficiently show that the school (or the parents) had irrefutable evidence that the teen would be a danger to young children.

So, even though, all eight kids were permanently damaged--all eight, emotionally and one, physically--from their abuse, we sustained tens of thousands of dollars in attorney fees (fighting the Post Conviction depositions 9 years later) and the children will require therapy for the rest of their lives (plus the medical costs related to over 10 suicide attempts and hospitalizations), we are out of luck.

We've even learned that we have no basis to ever subpoena any records concerning the rapist from therapists or the school even though we know (unofficially) that there were other incidents. Not one whit of his records were allowed as evidence at his criminal trial. Only our children's records were allowed in.

In my experience, this young man would have had to have been a known threat ie have been on a behavioral IEP and have been known to have attended anger management classes and have had numerous prior incidents ie this current one, for the family to be able to sue.

When I hear people bemoaning frivolous civil suits, I cringe. I know how desperately my kids need a fund to draw from for ongoing therapy. Our kids' rapist didn't even pay the $64 restitution ordered for his crimes. He did ten years but is now walking free.

I can't tell you how many people, including LE and other attorneys, assume that our kids were "taken care of" through a civil suit. It just isn't so. The ones who could benefit from therapy (five of them), were offered monthly PTSD and talk therapy sessions until they were 18 because they happen to have a medical card due to their special needs adoptive status. The other three received nothing as they were deemed unable to benefit due to developmental disability.

My hope is that Josie has a warm and loving and strong support system. That's what will sustain her. I also hope her family is in close contact with the local crime victims advocacy group. They are essential in accessing services.
JMO
 
  • #166
missizzy, I want to first tell you I am stunned and saddened to hear about what happened to your kids. I am so sorry your family has gone through such a horrible circumstance. Second, thank you for sharing that experience for our benefit here. Given what you eperienced, I hope that you will not be offended when I say that on this case, I agree with the posters who say it is unreasonable to expect the school staff or officials to anticipate, or prevent this crime. They simply can't have a :crystal ball:.

The above opionion is not meant in any way form or fashion to apply to your own family's experience with that school in question. The circumstances you describe are very different than this one.
 
  • #167
Hi Missizzy
I am truly sorry for the experiences you have shared about your children. Just heartbreaking. I understand your pain and frustration.

Like I said earlier on I am only a parent to furbabies so my school knowledge is limited to what I experienced many years ago. It was discussed upthread about schools providing a safe environment for the students. That is what I was going on with my comment. I really have no idea if Josie's Mother would have a case or not. It is sad that you can no longer send your children to school and know that they will be safe. It does seem to me the school is obligated to provide a safe environment. This case has really hit me hard and I guess I am running on emotions like so many others.

Thank you for sharing your first hand experiences with us.

JMO
 
  • #168
via BOZGAL respectfully snipped by me for brevity - It is sad that you can no longer send your children to school and know that they will be safe. It does seem to me the school is obligated to provide a safe environment. This case has really hit me hard and I guess I am running on emotions like so many others.
It should not be unreasonable to expect school to provide a safe environment. Unfortunately, sometimes things just plain cannot be anticipated. It should be equally reasonable to expect parents to raise their children to be good citizens of the world, respecting both themselves and others. But that is not the reality we occupy. Would that it were.

I would be the first to hold the school liable IF the boy was a student there, had issues in the past, there was some sort of reason for this kid to be on their radar and they failed to act or take measures to prevent it. I would also say the school may have some liability if the attack had happened inside the school or in some area where students should have a reasonable expectation that non students would not have access to them. But reports say this happened outside the building, on the grounds near where students were lining up to get on buses. From what I have read, a staff member noticed the attack happening, intervened immediately and perhaps saved poor Josie's life.

Given those circumstances, I just feel the school here didn't drop any particular balls.
 
  • #169
I am really praying and hoping for this girl's complete recovery. But, as an RN with experience in ICU complete, or nearly complete recoveries were rare. Of all of the head-injured patiens I took care of only 2 made complete, or nearly complete recoveries. Both were young, which Josie has on her side. One was a male who was riding on the roof of a friend's car, fell off, and was thrown, sustaining a head injury. He was immediately taken to the hospital, from the ER to emergency surgery, where a craniotomy was done. He was awake the next day, talking and with no obvious cognitive deficits. He left the hospital about a week later - truly his recovery was nothing short of remarkable.

Then I took care of a young girl who purposely ran her car off of a mountain road, again sustaining major head trauma. She too had immediate medical care, an emergency craniotomy. But she laid in a comatose state for over 6 months before she lightened up to a state that was more stuporous. She continued to make very small strides in her level of consciousness, and eventually got out of the hospital, awake, alert but with weakness on her right side(head injury on the left side). Cognitively she was great - she even remembered the day I asked the physician for an antibiotic for her tracheostomy infection, which I had to argue for because the charge nurse and the physicain said she was going to die anyway! She had heard so many things but could not respond due to her brain damage. Neither of these patients were placed in a drug-induced coma after their surgeries.

All of the other head trauma patients I took care of, sadly, stayed in a persistent vegetative state. They were discharged to home, or nursing home, and required 24 hour care. It was from taking care of these patients that I began to believe there were some things worse than death. I pray that Josie is one of the exceptions that does have a remarkable recovery. Studies have shown that the first two years after a head injury is when the patient will make the bulk of recovery, in terms of cognition. After that period of time improvement may continue, but will most likely not be significant.

There are those miracle stories I bet every nurse has. I am saying a prayer that Josie will join the ranks of such recoveries.
 
  • #170
Update: Michael Brewer visited Josie and her family! Michael and Josie had once shared a science class.

Deerfield beating victim gets hospital visit from burn survivor
Michael Brewer and Josie Lou Ratley were science classmates


By Rafael A. Olmeda, Sun Sentinel

2:23 p.m. EST, March 24, 2010


Deerfield Beach beating victim Josie Lou Ratley, still in a medically induced coma a week after being attacked at a school bus stop, received a hospital visit recently from a former classmate who knows a few things about being a survivor.

Michael Brewer, who is recovering from being set on fire and once shared a science class with Ratley at Deerfield Beach Middle School, visited Ratley's room Tuesday at Broward General Medical Center.

"She's my friend," Brewer said, according to family spokeswoman Terri Lynn.

The visit was a private meeting between families, Lynn said. "Their message was, ‘We're here for you. We know what you're going through.'"

Copyright © 2010, South Florida Sun-Sentinel

**more at link**


http://www.sun-sentinel.com/news/br...michael-brewer-visit-20100324,0,2763733.story
 
  • #171
kudos to mr brewer, what a survivoor :)
 
  • #172
Praying for Josie

I found my father dead from suicide when i was 20 years old and i had plenty of anger but would never imagine hurting another human being. nope, no excuse for his actions, i hope he and the other girl receive lengthy prison time!
 
  • #173
That just did my heart good to hear Michael went to see Josie. :angel:

I know JVM yells but she will be covering Josie again tonight. Maybe she will have some more news.


JMO
 
  • #174
JVM is covering this now. I'm so glad she has been told of all the incidents here. The 14 yr old that broke the girl's nose yesterday, the 12 yr old that tried to rape the 50 yr old woman (although its been reported that this child is severly mentally impaired).

She (JVM) didn't get the "newest" one. It seems there were 3 (I think-might have been 2) 5th grade boys - 11 yrs old - elementary school. They pulled a girl into the bathroom and sexually assaulted her. This happened at a Miami elementary school. They arrested the 11 yr old today - but won't even put him in the juvenile facility because he's so young - he's on house arrest.

I don't know what's going on down here - if its isolated or is it just being more reported here. But its still a mess! I pulled my 16 yr old DD out of the public high school here right before Xmas break. She's going to online high school now.
 
  • #175
Bozgal--I wanted to address your comment about the possibility of suing the school. While I realize that many people assume that that is a distinct option, we were shocked, in our case, to learn that it just isn't feasible.

Our children were repeatedly raped by their teacher's teen son, on the school grounds (during school hours) and at the teacher's home (next door to our house). When the disclosures were made, we were advised by the prosecutors to obtain legal counsel on locking in the right to bring a civil suit. We had three different well-respected attorneys spend hours looking at our case. We were told, shockingly, that we couldn't. The reason? We could not sufficiently show that the school (or the parents) had irrefutable evidence that the teen would be a danger to young children.

So, even though, all eight kids were permanently damaged--all eight, emotionally and one, physically--from their abuse, we sustained tens of thousands of dollars in attorney fees (fighting the Post Conviction depositions 9 years later) and the children will require therapy for the rest of their lives (plus the medical costs related to over 10 suicide attempts and hospitalizations), we are out of luck.

We've even learned that we have no basis to ever subpoena any records concerning the rapist from therapists or the school even though we know (unofficially) that there were other incidents. Not one whit of his records were allowed as evidence at his criminal trial. Only our children's records were allowed in.

In my experience, this young man would have had to have been a known threat ie have been on a behavioral IEP and have been known to have attended anger management classes and have had numerous prior incidents ie this current one, for the family to be able to sue.

When I hear people bemoaning frivolous civil suits, I cringe. I know how desperately my kids need a fund to draw from for ongoing therapy. Our kids' rapist didn't even pay the $64 restitution ordered for his crimes. He did ten years but is now walking free.

I can't tell you how many people, including LE and other attorneys, assume that our kids were "taken care of" through a civil suit. It just isn't so. The ones who could benefit from therapy (five of them), were offered monthly PTSD and talk therapy sessions until they were 18 because they happen to have a medical card due to their special needs adoptive status. The other three received nothing as they were deemed unable to benefit due to developmental disability.

My hope is that Josie has a warm and loving and strong support system. That's what will sustain her. I also hope her family is in close contact with the local crime victims advocacy group. They are essential in accessing services. JMO

I am so sorry to read this, because of what I saw in my own home growing up and as an adult seeing the after effects what my sib endured - including 2 suicide attempts by the time she was 10, alcoholism that kicked in when she started drinking at 11 or 12. I know on a smaller scale, what it is to live with the aftermath of emotional/sexual/physical abuse.

$64 restitution fee is an insult to the survivors, but the fact that he didn't pay it and is walking around free is added injury by the state.

Re BBM: The fact that he had records, whether they were admissible or not - indicates the parents were aware of the possibility of a problem...

I'm so sorry for your family and your kids, that you went through this. What wasn't allowed at his criminal trial could have been made available at a civil trial, once he was convicted.

Generally speaking a therapist is not going to have to reveal the reports but school records do not have the same level of presumed privacy - once he was convicted I'm surprised the school (hush, hush) wasn't trying to make a deal with you - although the state presumably would have deeper pockets - a homeowners policy also makes provisions for injuries obtained on the premisses without the necessity to reveal any presumption of intention. The children were injured and incurred medical bills... that should have been all that was needed.

Assuming the son was no longer a student at the time of the attacks, but his father being an employe of the district (again knowing he was in therapy) implies some foreknowledge -

The states victims fund would never come close to covering the the lifetime of needed assistance, but anything is better than nothing when a travesty such as this occurs.



 
  • #176
Thank you for the kind words. Please understand that I'm not begging for sympathy, although I value the compassion greatly. No, the reason I beat this old dead horse is to raise our level of understanding of the path that victims must walk. The fight does not end in the hospital, the therapist's office, or the courtroom. It continues forever.

Our children's rapist's father is a doctor and his mother is still a librarian in our city schools. Thank goodness, they are no longer our neighbors. We had built such a unique and large and specialized home for our big family that we decided to sit tight...against all advice...and their family moved. We just moved out of that home due to my disability and the fact that we no longer have 12-14 kids at home.

The young man was 14 at the times of the rapes. He was in 8th grade and our children, who were victims, were 6-12 yrs. old. The teen would cut class at the middle school and come to the elementary school where his mother worked and "hang out". Other teachers got perturbed with his presence so they would often give him things to do ie. helping the little ones in the bathroom (!!!). Three of our children reported watching as he abused three other little ones at the school. Two children, who had charged filed on their behalf, came long before we moved next door. So, he was already acting out sexually and mutilating animals at around 8-10 years old.

We know, anecdotally, that the teen had had many problems; pulling a knife, sexual acting out, the missing and maimed pets, etc. but no proof as that info was shielded from us.

I hate to bring this up but it would not surprise me in the least if Josie's records from birth onward will be subpoenaed--down to handwritten notes between teachers and parents, diary excerpts, and any and all medical and therapy records--even all her families financial records. Outrageous but absolutely true. Yes, she is the victim but she has to prove her "victimhood". Victims truly do not have the right to the "shields" they believe they do. That's the shame of it all. Even when you have multiple witnesses and physical evidence, you must still prove the crime. I will never fully understand it.

And you don't have to prove it once and be done with it. You must prove it at appeals, the Supreme Court level, Post Conviction Relief, and clemency requests--and of course in the media and in your community. It is shocking to think that in ten years, this monster could call Josie as a witness for himself in a civil trial against his attorney. That's what we have battled.

We chose to give up the fight to sue. We chose to stay in our small town and to keep our children in our schools. It hasn't been easy but it was the right choice. I'm sure the administrators have breathed a sigh of relief about our choices. For the most part, they've been quite kind to us. We just want to shine the light on other victims which might be saved if teachers/staff/administrators were a little more proactive. Children should not be stomped in front of their schools nor brutally raped in the restrooms.

I agree that I've seen nothing in this story to indicate that the school was at fault. Hopefully that will turn out to be the truth. We all know how unpredictable teens prove to be and I know this action could have been totally unanticipated.

And to be clear, the $64 restitution was for all the children. We were each paid $37 each to be deposed in the rapist's behalf for his PCR trial, nine years later. Each of us donated those funds to the Children's Advocacy Center and the Animal Shelter. All but one adult daughter, who was not one of the victims. She bought a bottle of tequila. If I remember correctly, we shared it with her. But my memory of that evening is a bit hazy.

My prayers for Josie's recovery are unending. I do believe in miracles.
 
  • #177
There is one thing I didn't detail in my earlier post about patients I had taken care of who had head injuries. The young girl who made a full recovery cognitively, and almost full recovery physically, other than some weakness of extremities, had a family who doted on her. She also had a 5 year old daughter who had just begun kindergarten a few months prior to the accident. This patient's family brought in a tape recorder and played tapes of the patient's daughter talking to her about her day, singing to her, etc. The tapes were always on 24/7. This was quite a few years ago, and somewhat before it had become widely accepted that stimulation in such a manner could actually add to the improvement of a head-injured patient.

After she had been discharged a while I ran into this woman. It was then that she told me of hearing the request I had made for an antibiotic for her trach infection. It was also then that she told me that she heard the tapes of her daughter - heard them as if in a dream, and though she could not respond, she knew those tapes kept the door open for her to make more and more of a re-entry into the conscious world.

I hope that someone is playing music Josie likes, and that she has similar stimulation. With prayers for Josie to have a miracle recovery.
 
  • #178
Funny you bring that up Kateyes, on the 11 o'clock new tonight, they interviewed her attorney and her mom. They said one thing that Micheal Brewer's family told them was to play recordings of people's voices that were familar to her. They said they have now started to do that.

The swelling on the left side of her brain has not gone down - however, the right side swelling has. The doctors aren't going to do much more until that left side swelling goes down - that's what her attorney said tonight.

Prayers for Josie and for Michael tonight.
 
  • #179
praying for another miracle......
 
  • #180
This is just a "feel" I get from this...I think the 13 year old deflected her angry boyfriend over to Josie

I think she may have been the one to text about the brother...or told Josie to text something about him

when the angry crazy guy came rushing over to the school, the 13 year old pointed out Josie so that he would not start beating her up

this is such a tragedy....it does not sound good for poor Josie, and I don't think it is the fault of the school...the guy didn't even go there

I think it happened so fast that no one could really stop him

the blame has to go where it belongs....on the boy and also on the 13 year old who "set up" Josie

one nice thing about Florida : our courts are not afraid to charge these young monsters as adults

I hope and pray that Josie will recover...I am sure that it will be a long and hard recovery and I pray for strength for her and her family to get through this and that justice will be served for her
 

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