CCPD Officer David Mendoza: "If the student would have been swinging, I probably would have shot him"

HOT OFF THE PRESSES: REFUGIO, TEXAS

DISABLED CHILD RECEIVED SEVERE PADDLING: INJURY TO A CHILD BY ASSISTANT PRINCIPAL RIOS?

WRITTEN BY HOMERO VILLARREAL

In the small historic town of Refugio, Texas there is trouble that could put them in the history books for a very different reason: Suspicion of repeat child abuse through corporal punishment by Assistant Principal Rios. El Defenzor, through its several day investigation has uncovered that law enforcement, hospital personnel, including Dr. Pierce, and school officials of Refugio may have intentionally or negligently delayed a priority one Child Protective Services report which is mandatory for each of these entities to do and has caused an uproar at South Texas CPS facilities.

Confidential sources in the know with the Child Protective Services Department have revealed that 72 hours went by before CPS were informed of the extent of the child’s injuries and the severe injuries to a disabled child were downplayed as a spanking by principal and superior to Joe Rios, Mrs. Lara. These injuries included multiple bruising and elevated welts that left the child reportedly in excruciating pain, severe back pain and cost him a visit to an emergency room. CPS department sources which remain anonymous indicated that the CPS investigators were in a rage that the full extent of the injuries had not been reported by all three entitie: The School, The Hospital and Law Enforcement until a local TV station broke the story. Curiously it was only then that the mother's cries for help received full attention from all of the above Refugio institutions.

What about the student who was tasered by the CCPD Officer David Mendoza?

Look into the facts and not the sensationalized news reported by local media who never spoke to school officials or witnesses to the incident. CCPD Chief Bryan Smit said, "In this case the taser worked beautifully". Officer Mendoza boldly asserted his actions as per CCPD Policy and when questioned by the parent as to if the student was swinging, physically aggressive or a threat to the officer the students or the faculty with the audacity only a fool would mount he said to the Parent, "If he would have been swinging, I probably would have shot him". Will El Defensor investigate? Chief Smith has assured the Family that this incident will be investigated by Internal Affairs however noting the allegations and other information one must question the objectivity of this safeguard division. Chief Smith also agreed to involve the FBI in this investigation as well. There has been no indication of any investigation being conducted as school officials and witnesses inform us that there has been no contact.

Reportedly, the child’s mother did not realize that when she consented to one “lick” in lieu of having her son lose out on several days of suspension for a small altercation with another child, it would lead to physical injuries so substantial that 5 days later, welts and bruises remain and the child remains in pain and reportedly withdrawn and having night terrors.

The mother was quoted as saying, “ Principal Rios should pay for what he did. No child should have to go through that. There is a big difference between a spanking and a brutal beating. That’s what happened here. Assistant Principal Jose Rios should not be near children. Any parent doing that would be in jail right now. He told me at the beginning of the year he knew how to straighten out my son and I told him he had special needs and to let Principal Lara who was familiar with my son's disabilities handle it. Rios did it his way and look what happened. You trust these people to do the right thing and now my son is beaten so severely he can barely sit down days afterward. I discipline my children with or without spankings but you don't leave bruises, welts and damage like this. Principal Rios went crazy on my son. I demand justice for my son. Rios' apologies don't take back the physical child abuse which has happened here."

Corpus Christi Attorneys, for the boy and the mother spoke for the family in front of the major TV networks here in South Texas and echoed the mothers concern, “ This young man was beaten not spanked. There is an old saying, ‘if you hit a man it is assault, if you hit a woman it’s domestic violence, but if you hit a child it’s for their own good.' We need to look at that belief and decide when justified physical discipline becomes brutality. Here we think abuse occurred and injury to a child. Even, the school board and superintendent have not put a restraint level on how many times a child can be struck and leaves much discretion to the person administering corporal punishment and abuse and must be addressed.”

Texas is but a dozen or so states that still allows “spanking” in the schools and leaves it to the discretion of the school board on how to administer the corporal punishment. Many researchers have shown that spankings are controversial and may lead to further aggression and violence, particularly in young men. El Defenzor’s investigation reveals that the young man is named Andy, is 10 years old, four and a half feet tall and weighs about 55 pounds and the principal who gave the “three licks” is about 5’10” and over 200 pounds and was known as Coach Rios before he become assistant principal Rios at the elementary level.

Two citizens of Refugio spoke to us under anonymity and were quoted as saying, “This is not the first time parents have complained about “Coach Rios”. He hit some kids at the high school level with complaints following the beatings, but now he’s gone too far and severely beat a child that we hear is disabled and the police are dragging their feet. I guarantee if it had been a white kid with special disabilities they would never have been touched in this town. He brought his style of discipline from the high school down to the elementary school. You are not paddling 150 pound freshman football players. This was a 10 year old boy that weighed 55 pounds and we saw the result on his behind all over the news. It’s a disgrace to the Refugio school system and it looks bad on the doctors and nurses and teachers and the police who didn’t report it to CPS correctly and officially for 3 days. It took pictures on TV to make them follow the book and not sweep it under the rug.”

Refugio School Board policy is very vague but one thing is certain, the amount of force used by Assistant Principal Rios on a disabled child with ADHD, a heart condition and asthma is being seen by many throughout Texas and nationally (CNN possibly investigating) as criminal and felonious injury to a child. At the very least the school knew or should have known that this man was a threat to children because of past complaints and did nothing about Rios or the situation. Even after the mother discovered the welts and brusing and hematomas while young Andy was undressing for his bath the night of the 17th of November of this year, and reported it to police the Refugio officials apparently dragged their feet and are downplaying it as a spanking. Where is the paddle? Why didn't they report it themselves to CPS in that first 24 hours? Instead they gave the mother a card to call CPS which according to research by El Defenzor is against the law by the police officials, hospital personnel including Dr. Pierce and the school officials themselves. Incredulously, the assistant principal 4 days after the event still has not been removed from duty and based on the severe beating given a disabled child should lead CPS to see him as a danger to children.

The mother of the child, Corina Gonzalez, and the attorneys could not be reached for comment but were quoted on TV as saying that this was clear cut abuse, not a paddling. El Defenzor will be continuing this story in a 3 part edition looking into corporal punishment and the behavior of Joe Rios, the Assistant Vice Principal and whether or not he will be charged with injury to a child by the Refugio County District Attorney.

Homero Villarreal posted by HOMERO VILLARREAL