Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Assistant Principal, Anthony Alvarez, 40, of Arvada High School, located in Arvada, Colorado, faces charges of sexual assault on a child by a person in a position of trust. It was reported that his wife caught Alvarez having an affair with a student and forced him to turn himself in.

Alvarez allegedly met the young girl when she was in 7th grade, and he was a teacher at Everitt Middle School in Wheat Ridge. Alverez said the young girl came onto him.
He claims this was a first time encounter and has never had sex with anyone under the age of 18 before.

When interviewed, the young girl said she and Alverez had been seeing each other for the past six to eight months. The young girl said he was inappropriate numerous times at school—grabbing her chest, butt, and showing off his erection. According to the girl, Alverez gave her a ride home one day, drove into the Landmark movie theatre parking lot, and made her rub his nipples, touch herself, and rub and lick his private area. The young girl claims she was scared, left when it was over, and called her parents.

Alvarez has been an assistant principal at Arvada High School since 2008. He has been with the Jeffco Public Schools District since 2000. The school district has placed him on paid administrative leave pending the outcome of the investigation. The school district sent a letter to all parents explaining Alverez’s charges as required by the Colorado Department of Education.

Mr. Alvarez will be entitled to representation from a Colorado criminal defense attorney or the public defender's office as to these criminal charges. The criminal case will be resolved either by trial, a plea agreement, or a dismissal depending on facts of the case and the strength of the evidence on the case.

Police have seized Alvarez's computer and cell phone as part of the investigation.
At his hearing, bond was set at $5,000. If he makes bond, Alvarez will not be allowed to use the Internet or a computer, will not be allowed to contact the victim, and will not be allowed to contact anyone under the age of 18.

Unfortunately, teacher-student sexual relations occur far too frequently. Parents should keep a close eye on their children by continuously asking questions and being involved in their lives. Hopefully, by simply being aware, a parent’s intuition can reveal a secret relationship. Parents should also try to educate their children on the importance of telling a parent or other authority figure if a teacher or adult is inappropriate.

School members and employees should observe the actions of all teachers very closely. Teachers and faculty members should keep in mind that this is an everyday occurrence, and they should look for any signs alluding to a student-teacher relationship.

For more information, see Wife Discovers Asst. Principal's Affair With Student

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Colorado day care center worker was sentenced to a term of 40 years in prison for molesting children. Benjamin Janicki, 20, was formally charged with assaulting a fourth child during his employment at Park Hill United Methodist Children’s Center. Janicki received the maximum prison sentence possible under his plea agreement: 40 years in prison followed by 10 –year sex offender supervised parole and a 12-year suspended sentence on lesser accounts. Denver District Court Judge Shelly Gilman issued the sentence.

During his sentencing, Janiki gave an unusual speech where he denied that he sexually abused nine preschoolers at a Park Hill children’s center last summer. The speech, called “rambling” by the judge, helped cement his sentence, and prompted the defense counsel to urge a psychological evaluation. Janicki said about the children, "I worked my butt off day in and day out to help them. I allowed myself to forgive them whenever they harmed me or crushed me. I didn’t want anything from [the children] other than their respect.” According to one parent, his speech was the most painful part of the proceedings.

The defense attorneys said that Janicki suffered from ongoing mental issues such as severe depression and suicidal thoughts. They pointed out that he was in intense denial of his crimes, but said he could be rehabilitated with treatment and medication. Gillman said Janicki showed little potential to be rehabilitated in the future because he lacked any acceptance of responsibility and was unable to empathize with the victim or show remorse. For more information on this topic, see Daycare worker Janicki sentenced to 40 years for sexually abusing preschoolers.

By Scott Soutullo, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In regards to licensing and regulations, Alabama law regulates day care centers that are associated with church ministries different from those that are not. A local day care center in Foley, called Kids Space Daycare, was denied a business license by the city. However the Mobile Press-Register reported that the city had no grounds to shut down the center because of its affiliation with a church.

The City of Foley denied the Alabama child care center’s business license because of previous problems at two other facilities run by the same owner, Deborah Stokes. She claimed that her day care center complied with the law, and the children are well cared for. But according to Foley police, Stokes was arrested in Mobile County on charges of child endangerment that occurred at a facility she previously operated. She pled guilty to the charges and was ordered not to work in childcare for two years. Foley police responded to more than a dozen calls at Stokes’ previous facility, said the Press-Register reports.

The Alabama Department of Human Resources’ minimum standards for day care centers “[do] not apply to preschool programs which are an integral part of a local church ministry or a religious nonprofit elementary school.” Kids Space Daycare was determined to be affiliated with Alpha and Omega Ministries; that association exempted the facility form regulations that many other Alabama day care centers are subject to. Parents in Alabama are concerned that safe, regulated day care centers will decrease as the number of unregulated centers increase. For more information on this topic, see In Alabama, Not All Daycare is Regulated the Same.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An infant suffered serious personal injuries at a Windsor, Colorado home day care center and was placed in critical condition. The police responded to a morning call of an infant not breathing at the 600 block of Buckhorn Mountain Court.

When the police arrived at the scene, 35-year-old Garrett Moore was performing cardiopulmonary resuscitation on the infant who was 11-months old. Windsor Police Chief John Michaels said that Moore had placed the child in a playpen in another room for a nap while he made lunch for the other children. The baby was left alone for about 30 to 45 minutes before Moore went back to check, said Michaels. Allegedly, the baby had trapped its head under the playpen mattress, which had restricted her airflow. According to the police report, Moore immediately called 911, and began performing CPR on the child who was later airlifted to Medical Center of the Rockies.

Michaels said that the Colorado day care center was registered with both the town and the state. At the time of the incident there were 12 children at the day care, and Moore was the only adult. Michaels said that the police are working with the appropriate entities to investigate the incident further. For more information, see Windsor infant in critical condition after daycare mishap.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado and other States, parents put faith and trust in both their church and day care center. Parents expect that the church day care center is a safe haven for their children and that there children will be provided with a learning environment that promotes the health, welfare, and education of the children. Unfortunately, in some day care centers in Colorado and other States, children are sexually molested and assaulted by day care workers and employees who are supposed to supervise and protect the children under their care. The molestation at a church day care center is among the most heinous acts and crimes imaginable for a parent.

In Denver, Colorado, it was reported that Benjamin Janicki recently entered a plea of guilty to charges of attempted sexual on a child and first degree assault. The criminal prosecution stemmed from the allegations that several pre-school aged children were molested at Park Hill United. Janicki will face a prison sentence of 20 to 40 years for these crimes. For more information on this story, see Plea Deal Announced in Church Day Care Molestation Case.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Shannon Johnson, of Weld County, Colorado, was sentenced to 10 years in prison followed by 5 years mandatory parole in relation to the drowning of her 13-month-old son. Johnson, 34, pleaded guilty to child abuse causing death in March 2010. She admitted to police she was on the popular social networking website Facebook playing Cafe World, checking on the status of friends and sharing videos while her son was taking a bath. Johnson told police she had checked on her son once in a 10 minute period. After about 3 more minutes passed, she no longer heard her son playing in the bathtub. When she went to check on him a second time Johnson found her son sideways with his face in the water. The toddler was transported by ambulance to a nearby fire station and then airlifted to Children's hospital where he was pronounced dead. The toddler had also had a seizure at his grandmother's house one month prior to the his drowning. Johnson was given anti-seizure medication to give to the her son in the event he had a seizure. The investigation was stalled pending the results of the toddler's autopsy, which revealed the cause of death to be anoxic brain injury, cardiac arrest and drowning. Johnson's mother told investigators she warned her daughter about the dangers of leaving a child unattended in a bathtub just days before he drowned. For more read Mother sentenced to 10 years imprisonment after pleading guilty to child abuse causing death, admitted to police she was on Facebook while child drown in bathtub.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Littleton, Colorado, day care center employee was arrested on suspicion of sexual assault upon a child. It was reported that 32-year-old Paul James Kerr was a lead teacher at KinderCare Daycare Center and had been employed at the center since July 2010. Littleton Police initiated their investigation after a child told a parent of an incident that allegedly occurred on March 21, 2011 at the center. The parent subsequently notified police. According to a Littleton Police release, investigators discovered there were several victims. KinderCare provides care for children between the ages of 2-months and 13-years-old. Kerr was immediately fired when the investigation was initiated and all families were notified his termination and the ongoing investigation. Before working for KinderCare, Kerr was employed as an elementary substitute teacher in both Jefferson County and Denver Public Schools. He also worked as a summer church camp counselor in Missouri in 2005. Kerr is currently held on a $50,000 bond for sexual assault on a child and sexual assault by someone in a position of trust, both felony charges. For more read Former Littleton, Colorado, daycare employee arrested on suspicion of sexual assault on a child.

Of course, Mr. Kerr will be entitled to the services of a Colorado criminal defense attorney or the public defender's office to defend him regarding these serious criminal allegations.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Facebook and the Internet are wonderful tools and toys to play with; however, Facebook and the Internet can also serve as a deadly distraction to parents and child care providers. In Fort Lupton, Colorado, it was a reported that a 13 month old child died in his home's bathtub while his mother was playing a Facebook game on her laptop computer. Many parents and child care providers do not realize that a child can drown in a small amount of water and in a short period of time. An infant / toddler should not be left alone in a bathtub even for a short period of time. Whether it is the Internet, a telephone call, food cooking, or another distraction, leaving a child alone or unattended in a bath tub can and does cause serious personal injuries and in some instances death. Affidavit: Mother Was on Facebook While Son Drowned.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In day care centers and schools, it is vital for children to have consistent supervision. There is a risk of injury inside and outside of the classroom. This is especially true since children have poor safety awareness and do not recognize the risk of danger. When there is a problem or complication, children often times have poor problem solving skills and can make bad situations worse.

In Denver, Colorado, the medical examiner / coroner reported that a child died as a result of strangulation on a toy. The Officer of the Medical Examiner concluded that the death of Jeremiah Saunders (1 year old) was an accident. See Published by Child Injury Lawyer Network

Coroner Determines that Child Died from Strangulation on a Toy.

In Colorado and other States, day care centers have a duty to maintain a safe environment for children. Toys should be selected based on the age group of the child. Even if a toy is deemed appropriate for a certain age group, supervision is still necessary to make sure that the child does not misuse the toy and to make sure that the toy as used and played with does not pose a danger to the child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Vail and Beaver Creek, Colorado, the towns come alive in the Winter and Spring ski seasons. When the slopes get crowded, accidents and incidents take place. From time to time, skiers and snowboarders will collide and falls take place. Most are mere accidents that cannot be avoided. It is truly the nature of the sport especially for those who are not that experienced or skilled on skis / snowboards. It was reported that a Georgia man hit a 14 year old girl after the girl bumped in the man's son. The incident took place at Colorado's Beaver Creek Ski Resort which is located near Vail, Colorado. It was reported that the incident (prior to the alleged assault) resulted as the girl swerved to avoid hitting another person on the slopes.

It appears that the incident took place in a public forum and probably was witnesses by several other people. The Georgia man will be entitled to representation by a Colorado criminal defense attorney or the public defender's office. It is disturbing that a man would punch a 14 year old girl in the face over a mere skiing mishap on the slopes. It is dangerous enough out on the slopes during the holiday season. Whether on vacation or anywhere else, people should control their tempers especially when actions lead to the harm of children. You can read about this story at Man Accused of Punching 14 Year Old Girl in Beaver Creek, Colorado.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado Springs and other cities, child pedestrians are at risk in parking lots and roadways. A driver can never know for sure when a child is in a parking lot or attempting to cross a street. As such, drivers should be on alert and drive with care at all times. Of course, school zones, parks, and playgrounds are common areas where one would see a child pedestrian. We all also know that children are in all other areas as well. Drive with due care.

In Colorado Springs, Colorado, two toddlers in separate incidents suffered serious personal injuries. One was hit by a car near a car wash when the child wandered away from his father. Another was hit by a car while attempting to cross the street. For more details about these incidents, see Two Colorado Kids Hit by a Vehicle in Separate Incidents in Colorado Springs.

Any time that a child is injured - it is traumatic for the child, the family, and the driver as well. It is especially unfortunate when a child is injured and the incident could have been avoided with better driving and attention. Of course, some accidents are completely unexpected and unavoidable. If you have a question about an automobile accident involving an injured child pedestrian, get legal advice from a Child Injury Lawyer so that you can better understand the legal process, insurance claims process, and the rights of the injured child pedestrian.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Littleton, Colorado and other cities, the new school year has begun. For most children, the first days and weeks of school are filled with fun new learning adventures, seeing friends, and making new ones. Unfortunately, the new school year has greeted some children with injuries, abuse, and neglect at the hands of child care and day care providers. In Littleton, Colorado, a child care worker showed poor judgment by duct taping a boy's hands to his head. This bad judgment in child care resulted in the day care worker's arrest by the Douglas County Sheriff's Office. Matthew James McGregor, age 21, was employed for Roxborough Roxstars, a program run for before and after school care for the Douglas County School District.

The Douglas County School District touts itself as providing quality care for children during, before, and after school. The Sheriff's Office reported that the incident may not have been intended as punishment but just horseplay between the substitute teacher and the student.

Teachers, substitute teachers, day care providers, and child care workers need to provide children with a safe haven during the school day and during before and after school programs. You can read more about this story at Colorado Teacher Arrested for Duct Taping a Student in Douglas County School Program.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Benjamin Janicki, a 19-year-old boy, was a summer hire as a day care aide at Park Hill United Methodist Children's Center. According to Denver's district attorney office, Janicki was arrested and faces at least felony counts of sexual abuse on three preschoolers. Janicki also faces three additional counts of sexual assault on a child by a person in a position of trust, also felonies. Parents were told that the victims were between the ages of 3 and 4-years and that there could be more.

Janicki had no previous arrests according to public records and is being held in a Denver detention center on $650,000 bail. He is entitled to a criminal defense attorney and a trial.

Janicki's case has forced the day care center to close while the state's Department of Human Services investigates "serious and significant supervision issues." If you would like to read more on this story see 19-year-old faces three counts of sexual abuse upon minors at a day care.

Day care workers are selected by the parents and/or guardians of children. A significant amount of trust is placed in day care providers and workers to care for and nurture another's child while the parents and guardians are at work, ensuring financial stability for the child. Any person who would abuse this trust is depraved and immoral. If you suspect someone is a victim of abuse, report the incident to local authorities immediately so an investigation can be prompted as soon as possible.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado has a adopted a new law that changed the requirements for children who have to use booster seats. Under the previous law, children between the ages of 4 and 5 were required to be restrained by a booster seat while in a motor vehicle. Now, under the new law, children who are 6 and 7 are also required to be restrained by a booster seat. Also, a child's height and weight are no longer the determining factors of whether or not a child should be restrained in a booster seat - the new law only has an age requirement affecting children under 8-years of age.

Many Colorado parents are unaware of the changes the new laws made. However, not obeying this law is consider a primary traffic offense in Colorado. An officer is legally able to stop you for the sole reason of not having your child in a booster or car seat. The minimum fine is $82 for every offense. However, police will give a warning in the law's first year. To read more on the new law see Colorado changes its booster seat law.

Parents, day care providers, babysitters and other people who transport children need to inform themselves of changes made by the new booster seat law. Hopefully, this law will decrease crash-related or other traffic-related child injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Broomfield, Colorado, a teacher is accused of sending inappropriate text to students. There cases are interesting in that there is typically electronic evidence that can identify the sender and the receiver of these text messages. The messages themselves are evidence that can show criminal acts and intent on the part of the sender. Of course, the teacher will be entitled to defend himself through the services of a public defender or a private criminal defense lawyer. Among the questions / issues that may be addressed in this matter may be:

How many messages were sent by the teacher to students?

Can the messages be subject to one or more meaning or interpretation?

Did the teacher's phone ever fall into the hands of someone other than the teacher?

Will the defense claim that someone else sent out the text messages?

How explicit and sexual were the text messages that were sent out?

Electronic forms of communication like text messages, e mails, and Facebook posts are in writing and can be saved, copied, and printed. One could argue that they are no different than writing a nasty, sexually laced letter to someone.

You can read more about the allegations against this Broomfield, Colorado teacher at Bloomfield Teacher Accused of Sending Inappropriate Texts to Students.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Governor Ritter of Colorado was recently in a bicycle accident that caused several broken ribs. After his own experience with a bicycle injury, he is throwing extra support behind a bill that would require Colorado kids from ages two to seventeen to wear a safety helmet when riding a bike, roller blades, or skate board.

The bill has already passed the House, but is drawing criticism from those who say that the government is taking on too much responsibility that should go to parents. Chris Brown, the owner of Brown’s Cycles, said that he believes strongly that kids should wear helmets when biking or blading, but does not want the government getting involved. He went on to say that the consequences of the proposed law are “ridiculous bureaucracy;” a police officer is supposed to stop the child, issue a ticket and give him a pamphlet explaining the dangers of riding without a helmet.

One of Brown’s employees, who himself suffered a head injury in a bicycle accident, summed it up nicely, saying “your child’s life is worth 35 dollars for a helmet.” The bill will now go to the Senate for a vote before it can become law.

Read more about pending legislation in Colorado that would require minors to wear bike helmets at Ritter Supports New Helmet Bill after Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua Johnson and his grandmother were in the Golden, Colorado Wal-Mart parking lot when Joshua suddenly broke away from his grandmother and bent over to pick something up off the ground. Debra Debruyne was looking for a parking space and never saw the boy; she struck the child and then dragged him for ten feet before she realized what had happened. When she stopped, Joshua was wedged under her car and couldn’t get out.

Scott Martin, a full time firefighter and paramedic and his wife, Jennifer, heard a thud and a scream, and then rushed to the car with medical equipment and a radio. Five other bystanders lifted the car off of the boy so that Martin could crawl under it and bring the boy out. The child was not breathing, but Martin was able to straighten out his airway. He then held the boy immobile so that he couldn’t move and hurt himself further. Joshua is in critical condition at Children’s hospital. According to police, there is no way Ms. Debruyne could have seen the child, and they will not be filing and charges against her.

A busy parking lot is a very dangerous place for a child, especially during the holiday rush. Parents and drivers need to take the time to pay attention to their surroundings and proceed with caution. Read more details about this accident and the heroes who saved Joshua’s life at Bystanders lift car to rescue trapped 3-year-old.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

n Longmont, Colorado, a crash sent a truck into the front of a Blockbuster Store. Police investigators reported that a Dodge truck crashed into a Subaru Outback. The force of this impact put the Subaru into a curb, then into the Cubby's Coffee Shop, and finally into the Blockbuster Store. Police reported that Steven Williams (age 37) from Longmont, Colorado sped through the intersection prior to the crash. There were 5 people injured as a result of this crash including: Bruce Kline, Kline's wife, Kline's 17 year old daughter, Maricuz Gutierrez, and Steven Williams.

Crashes of this nature can cause chain reactions that at times can be deadly. Fortunately, there were no reported injuries from Cubby's Coffee Shop or Blockbuster. Speed limits and traffic signals are in place for a reason - the safety of others. You can read more about this story at Vehicle Crashes into Blockbuster Store - 5 People Including Teen Suffer Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A sixteen year old girl with no driver’s license and a borrowed car drove into a tree outside the Wagon Wheel Mobile Home Park in Alamosa, Colorado. She had three other teenagers and two small children, aged 20 months and 4 years, in the car with her at the time. The car had been borrowed from a relative of one of the passengers. The girl is expected to be charged with drunk driving (DUI), driving without a license and criminal negligence resulting in the injury of a child. The driver is claiming that a steering malfunction caused her to miss the turn she was trying to make into the park, and sent her into the tree instead.

Teen drinking and driving is unfortunately an all too common occurrence. Teenagers and adults alike often lack good judgment when drinking alcohol. Teenagers, however, are less likely to know their own limits and do stupid things while under the influence. There is no doubt that this young woman put her life and the lives of her passengers at risk by driving her car in such a condition. You can read more about this senseless accident at CHILDREN, TEEN INJURED IN ACCIDENT.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Be Good to People is a company and concept created by Kris Wittenberg who lives in Eagle, Colorado. What in the world is " Be Good to People"? It is a simple but clever reminder for people to do good things for others. As I understand it, it is kind of like the concept of Pay It Forward. Do good things just for the sake of doing good things. In our busy world around us, some times we forget about others and how important it is to do good for our friends, neighbors, colleagues, co-workers, acquaintances, and, yes, strangers. As noted on the Be Good to People website, "it's performing simple acts of kindness and recognizing others for their 'Good'." A portion of the profits from this company will be used to recognize others who are doing good. I recommend that you visit the Be Good to People website, Facebook, and Twitter to find out more about the message of this company. Go ahead and buy a T-Shirt or Mug and help spread the message. I am not a paid spokesman and do not stand to benefit by any sales to this company in any way. I just liked the message and wanted to help Be Good to People get the word out.