Wednesday, March 29, 2006

Family of handcuffed child plans lawsuit

Police chief says he supports what officer did

Audry Olmsted and Argen Duncan El Defensor Chieftain Reporter

The family of a 7-year-old Parkview Elementary student is looking into filing a lawsuit against the Socorro Police Department for excessive use of force after a school resource officer handcuffed the boy who had become physically violent, says the family's attorney.

Both the attorney for the family and the boy's uncle say this is not an isolated incident where police officers have mishandled dealing with children with special needs.

Albuquerque attorney Dennis Montoya said the March 24 incident raises concerns and questions about the inappropriate way police officers and school personnel handle a special needs child.

"These kids are not criminals. They're human beings," Montoya said. "This is a 7-year-old child."

The boy's uncle, Randy Herrera, of Socorro, said a behavior intervention plan was in place for his nephew but that it was not used in this case.

"That's one of the problems with our schools," he said. "If schools were trained to deal with these kids, they wouldn't have to call the cops."

According to the police report, Officer Greg Valentino responded to the elementary school a little after 9 a.m. on Friday.

The officer found the boy, John Armijo, in Principal Kim Ortiz's office where school counselor Laurie Jaurequi was struggling with him in a bear-hug hold on the floor. The boy was screaming and crying and trying to get away from the counselor, the report said.

The officer tried to talk to John, but he was oblivious, the report said, and Valentino suggested that releasing him might calm him down.

As the counselor released the boy, he became more violent and struck the counselor. She reported he had tried to bite her as well.

Valentino attempted to restrain the boy in the same way the counselor did, but the boy became increasingly violent, the report said.

According to the report, Valentino told John that he would handcuff him if he did not calm down, but the boy continued to try and wrestle himself away from the officer.

"In order to restrain him the most effectively and for his safety, I placed him into handcuffs," Valentino said in his report.

Schools Superintendent Frank Jaramillo said he didn't witness the incident, but the district had investigated. He said the child behaved violently toward himself and school personnel.

"We were concerned he might hurt himself or others," Jaramillo said.

The boy was restrained for a few minutes. The police, not school personnel, use handcuffs, he said. School situations aren't typically handled with handcuffs.

"We don't like to do that," Jaramillo said.

He believes the action was appropriate in order to protect the child.

Socorro Police Chief Lawrence Romero said he supported the decision Valentino made Friday. Romero said the boy was handcuffed for his own safety and the safety of others around him. He said the boy calmed down immediately after he was handcuffed.

"I think we had no other choice," Romero said. "It's always unfortunate. We don't like to handcuff anybody, let alone kids. But it seemed to have worked. Once he was handcuffed, he settled down."

According to the police report, Ortiz arrived shortly after the boy was restrained. The handcuffs were removed, and Ortiz and the boy talked alone for a few minutes. Herrera said he came on the scene after his nephew was handcuffed.

Herrera said he talked with the principal and she said the boy had run out of the school and that she and a counselor had to chase him and physically bring him back into the building.

Herrera said that pertaining to the behavior intervention plan, second-grade teacher Jodi Esquivel, who is a family friend, should have been called in to talk with the boy. He said John always calms down when he talks with the family friend.

"She was never notified," Montoya said, speaking of the second-grade teacher. "Instead, the police were called."

Montoya said he felt that if the teacher had been called, the situation could have been avoided altogether.

It was mutually decided that John would go home with his uncle for the day, Romero said. Jaramillo said the child's parents couldn't be reached.

John's parents are Edwina and Edwin Armijo, of Polvadera.

Herrera said that after consulting a counselor and psychiatrist, the boy did return to school this week.

Herrera said this is not an isolated incident involving police and members of his family. He said that was why he consulted his attorney, Montoya. Herrera said he did not want money out of a lawsuit.

"I just don't want this to happen to other children," he said.

Montoya said suing the police department is only one of the avenues the family is looking at, but they are also looking at what role the action of school personnel played as well.

Montoya said that what he wants to see out of this is better training and supervision for police officers who are dealing with children with special needs; and also adequate programs in public schools to serve those children.

"There is a tendency for people to think that it's a money issue, that the family is out for money," Montoya said. "I know the family. It is not a question of getting money. It is a question of getting justice" and putting a stop to mishandled situations.

When asked if Valentino used excessive force in restraining the boy, Romero said, "Absolutely not. We respect (others) so that we may be respected."

aolmsted@dchieftain.com

aduncan@dchieftain.com

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