GUILTY CA - Terry Smith, 11, autistic, Menifee, 6 July 2013

[Mahouston69]

I haven't read everything concerning the dental records but I wanted to add because of my autistic son's sensory issues he has to be sedated/ put completely under even for dental X-rays let alone fill a cavity. It's possible if he didn't appear to have any dental issues (my son ground his teeth for two years) she didn't think it worth the added cost or the meltdown. It's a chore and I hold my adult son's hand even now, while they put him to sleep.

 

[nikb]

I haven't read everything concerning the dental records but I wanted to add because of my autistic son's sensory issues he has to be sedated/ put completely under even for dental X-rays let alone fill a cavity. It's possible if he didn't appear to have any dental issues (my son ground his teeth for two years) she didn't think it worth the added cost or the meltdown. It's a chore and I hold my adult son's hand even now, while they put him to sleep.

That's a really good point. I'd forgotten how traumatic dental visits were for the little girl I used to do behavior therapy with, and some of the other kids in the support group. With a lot of work and an exceptional dental office we were able to get it to where it was at least do-able without fully sedating her (helped that she hated the nitrous mask even more than she hated the dental work), but we had to work on it with her for weeks in advance and they still had to give her anti-anxiety meds beforehand, so they minimized her appointments as much as possible. It's so sweet that you go with your son and hold his hand - I bet it helps him a lot.

It's entirely possible Terry didn't go to the dentist much if at all, if he was the same way. I think that's a fairly common difficulty for kids with autism, especially the ones who are really sensitive to light/sound/smells.

 

[azure]

That's a really good point. I'd forgotten how traumatic dental visits were for the little girl I used to do behavior therapy with, and some of the other kids in the support group. With a lot of work and an exceptional dental office we were able to get it to where it was at least do-able without fully sedating her (helped that she hated the nitrous mask even more than she hated the dental work), but we had to work on it with her for weeks in advance and they still had to give her anti-anxiety meds beforehand, so they minimized her appointments as much as possible. It's so sweet that you go with your son and hold his hand - I bet it helps him a lot.

It's entirely possible Terry didn't go to the dentist much if at all, if he was the same way. I think that's a fairly common difficulty for kids with autism, especially the ones who are really sensitive to light/sound/smells.

But according to his dad, the mom made up the autism to get $$ from the government.

 

[nikb]

But according to his dad, the mom made up the autism to get $$ from the government.

Yeah.. that's definitely the flip side of it! I don't even know what to think on this case most of the time.

 

[miimaa]

This may be considered unacceptable but I am going to post it anyway. I was a single mom with a boy. I read many articles about single parenting that said boys without fathers would have trouble. My ex lived in another state so my son didn't see him... we had very little contact with him by his choice. I wonder what child psychologists say about boys being raised by lesbian partners? Probably 'politically incorrect' to say anything but something I wonder about. Terry's father was in another state, I don't know about the other fathers.

What I am trying to convey is if parenting articles were written to inform single mothers of boys that they need to pay special attention to a father figure (grandparent, uncle) being in a son's life - what would they say regarding boys being raised by two women?

 

[sophiebelle]

This may be considered unacceptable but I am going to post it anyway. I was a single mom with a boy. I read many articles about single parenting that said boys without fathers would have trouble. My ex lived in another state so my son didn't see him... we had very little contact with him by his choice. I wonder what child psychologists say about boys being raised by lesbian partners? Probably 'politically incorrect' to say anything but something I wonder about. Terry's father was in another state, I don't know about the other fathers.

I don't know that we'll ever know, unless a child raised by gay partners speaks out. The dynamics of the home can play a big part of it and there appears to be lots of instability there period. The trial, if there is one, may be an eye-opener if this young man tells the entire story.

 

[Meri]

This may be considered unacceptable but I am going to post it anyway. I was a single mom with a boy. I read many articles about single parenting that said boys without fathers would have trouble. My ex lived in another state so my son didn't see him... we had very little contact with him by his choice. I wonder what child psychologists say about boys being raised by lesbian partners? Probably 'politically incorrect' to say anything but something I wonder about. Terry's father was in another state, I don't know about the other fathers.

What I am trying to convey is if parenting articles were written to inform single mothers of boys that they need to pay special attention to a father figure (grandparent, uncle) being in a son's life - what would they say regarding boys being raised by two women?

Well, Terry was raised by his father and I'm sure he must have had contact with him while being at mom's? Now, the other boy - from what I remember he had no contact with his biological father.

I don't believe being raised by lesbian women would be detrimental to any child. Not having his father around is a different story, IMO.

 

[MsFacetious]

Well, Terry was raised by his father and I'm sure he must have had contact with him while being at mom's? Now, the other boy - from what I remember he had no contact with his biological father.

I don't believe being raised by lesbian women would be detrimental to any child. Not having his father around is a different story, IMO.

It appears that Terry's father was very involved with his older siblings as well.
Terry's father is not just grieving the death of his son...
He is also trying to comprehend how the boy he knew is capable of killing his son.
I don't believe this kid was totally lacking in male parental figures. But that's just my impression. :seeya:

 

[JDSamIam]

Officially ID'd. I seriously don't understand why it should take this long to do this. And I would like to know the ACTUAL cause of death.

http://blog.pe.com/2013/08/01/menif...-formally-identify-remains-as-terry-smith-jr/

 

[TravelingBug]

The hearing on whether S (Terry's brother) will be charged as an adult or child has been postponed until October 23.

Also, his mother and her partner were in court (for the hearing which was supposed to be yesterday but was put off until next month) for his hearing yesterday.

Additionally this second article says:

Smith said afterward that she has been visiting Skylor every Sunday. Asked how he’s doing, she gave a thumbs up.

“He says he’s being strong,” Bugna added.

So it sounds like she was there to support him and that she's on his side - and it sounds like he still has no remorse for killing Terry.

Date, time, and COD have not been revealed yet, but his dad feels that from what he's heard, Terry died due to a blow to the head.

It will be interesting to see how this plays out since S's story is that T fell and hit his head on a table, and dad's saying he's heard COD was a blow to the head.

His dad must be nearly 100% certain that there is other evidence that will show that S was responsible for Terry's death, since otherwise I can't imagine he'd be saying it was a head blow that killed him given that that essentially supports the position S has now taking as to how Terry died.

 

[TravelingBug]

Also, this source says that:

The judge did not rule on a previous request by the Riverside County Probation Office for a psychological evaluation of Atilano which was objected to by the defense at the July hearing.

The public defender also requested a special visitation for Atilano with his mother, which was granted.

I'm curious why the public defender would be the ones opposing psychological testing. If anything, I'd have thought that they might try thay stance in order to use it as a possible mitigating factor.

Also, I'm curious why the Probation Office is the one requesting the information, though a separate article states it was really the DA's office requesting the testing.

This other article (below) states that it was the DA's office that's requesting one. That, to me, is even more puzzling.

Because of the postponement, there has been no ruling on a request by the Riverside County District Attorney's Office for a 707 fitness hearing. Under section 707 of the Welfare and Institutions Code, a juvenile accused of a serious felony may be subject to a fitness hearing, in which the juvenile court judge decides whether to send the juvenile to adult court.

I would really think it'd make more sense for the PD to want to have S's fitness to stand trial soon in order to try and prove he was NOT competent, and thus not able to be tried as adult.

Instead, the DA's office looks like THEY might be calling into question his fitness, which would seem to be contrary to what seems most probable, and that is showing he IS fit for trial as an adult because his punishment would almost certainly be far more severe than if he's proven incapable, and thus he would be locked up for less time (assuming he is found guilty).

It's also odd that (according to the second of the articles in my previous post) that his mother says that she is visiting him every Sunday, but the court says:

At the request of Atilano's defense attorney, the judge granted Atilano a visit with his mother, Shawna Smith, and will allow weekly phone calls with the mother.

The discrepany between visits and calls strikes me as odd - especially since one is directly attributed to S's mom's specifics regarding interaction, and the second is directly attributed to the ruling of the judge.

 

[gitana1]

This may be considered unacceptable but I am going to post it anyway. I was a single mom with a boy. I read many articles about single parenting that said boys without fathers would have trouble. My ex lived in another state so my son didn't see him... we had very little contact with him by his choice. I wonder what child psychologists say about boys being raised by lesbian partners? Probably 'politically incorrect' to say anything but something I wonder about. Terry's father was in another state, I don't know about the other fathers.

What I am trying to convey is if parenting articles were written to inform single mothers of boys that they need to pay special attention to a father figure (grandparent, uncle) being in a son's life - what would they say regarding boys being raised by two women?

I don't know that we'll ever know, unless a child raised by gay partners speaks out. The dynamics of the home can play a big part of it and there appears to be lots of instability there period. The trial, if there is one, may be an eye-opener if this young man tells the entire story.

We actually do know. There have been several studies showing kids raised by gay couples not only do well, they tend to do better than other kids.

I think that's because gay couples generally have to plan and have the funds available to make a child. Artificial insemination starts around 2,000 a pop and most don't make it on the first try.

So, we're dealing with people who tend to be in higher socioeconomic stratas to begin with who really, really want a child. (Of course these are generalities and don't include people like Terry's mom- living in squalor and having kids by different men before settling on some equally destitute woman).

Also, having two parents seems to be key.

In the case of single moms, you're often dealing with a stressed, overworked parent. She doesn't have another parent to share the burden with and is often carrying most of the financial load herself.

And the child of such a parent sometimes knows his dad is floating around out there not really caring about his kid.

That differs from the planned child of gay parents who know they were wanted and not abandoned and who have parents who are not overly economically stressed. It is that difference that makes the involvement if fathers or male role models who care, so pivotal to kids of single parents.

 

[2Hope4]

"IF" the backyard was searched by dogs, I can't understand why they didn't detect something! Heck mine can find a mole or field mouse... Next time they find a critter, I'm going to do a test... I'm going to try putting lime on it, and see if they can still detect it. If so, I'll think about lending them out to some LE...

 

[TravelingBug]

I was surprised it was so quiet on the thread when I posted about Terry ten or so days ago...didn't realize till this thread popped up that I put it in the other thread for him! Oops!

The hearing on whether S (Terry's brother) will be charged as an adult or child has been postponed until October 23.

Also, his mother and her partner were in court (for the hearing which was supposed to be yesterday but was put off until next month) for his hearing yesterday.

Additionally this second article says:

Smith said afterward that she has been visiting Skylor every Sunday. Asked how he’s doing, she gave a thumbs up.

“He says he’s being strong,” Bugna added.

So it sounds like she was there to support him and that she's on his side - and it sounds like he still has no remorse for killing Terry.

Date, time, and COD have not been revealed yet, but his dad feels that from what he's heard, Terry died due to a blow to the head.

It will be interesting to see how this plays out since S's story is that T fell and hit his head on a table, and dad's saying he's heard COD was a blow to the head.

His dad must be nearly 100% certain that there is other evidence that will show that S was responsible for Terry's death, since otherwise I can't imagine he'd be saying it was a head blow that killed him given that that essentially supports the position S has now taking as to how Terry died.

 

[TravelingBug]

Also, this source says that:

The judge did not rule on a previous request by the Riverside County Probation Office for a psychological evaluation of Atilano which was objected to by the defense at the July hearing.

The public defender also requested a special visitation for Atilano with his mother, which was granted.

I'm curious why the public defender would be the ones opposing psychological testing. If anything, I'd have thought that they might try thay stance in order to use it as a possible mitigating factor.

Also, I'm curious why the Probation Office is the one requesting the information, though a separate article states it was really the DA's office requesting the testing.

This other article (below) states that it was the DA's office that's requesting one. That, to me, is even more puzzling.

Because of the postponement, there has been no ruling on a request by the Riverside County District Attorney's Office for a 707 fitness hearing. Under section 707 of the Welfare and Institutions Code, a juvenile accused of a serious felony may be subject to a fitness hearing, in which the juvenile court judge decides whether to send the juvenile to adult court.

I would really think it'd make more sense for the PD to want to have S's fitness to stand trial soon in order to try and prove he was NOT competent, and thus not able to be tried as adult.

Instead, the DA's office looks like THEY might be calling into question his fitness, which would seem to be contrary to what seems most probable, and that is showing he IS fit for trial as an adult because his punishment would almost certainly be far more severe than if he's proven incapable, and thus he would be locked up for less time (assuming he is found guilty).

It's also odd that (according to the second of the articles in my previous post) that his mother says that she is visiting him every Sunday, but the court says:

At the request of Atilano's defense attorney, the judge granted Atilano a visit with his mother, Shawna Smith, and will allow weekly phone calls with the mother.

The discrepany between visits and calls strikes me as odd - especially since one is directly attributed to S's mom's specifics regarding interaction, and the second is directly attributed to the ruling of the judge.

 

[LibraStarr]

A couple of updates:

http://www.pe.com/local-news/riverside-county/menifee/menifee-headlines/20140306-menifee-mom-says-she-will-stand-by-accused-teen.ecehttp://

http://www.menifee247.com/2014/04/probation-department-to-suggest-trial-status-for-skylor-atilano.html

 

[OkieGranny]

http://losangeles.cbslocal.com/2014...as-found-dead-1-year-ago-in-familys-backyard/

Family and friends of an 11-year-old murder victim held a vigil Sunday in Menifee on the one year anniversary of his death.

The entire community came together a year ago to help search for missing Terry Smith Jr. Many of the 1,400 who took part in searching for the boy also attended the vigil.

His body would be found several days later, buried in the backyard of his home. His stepbrother, Skylor Atilano, is at a juvenile facility accused of the murder.

 

[OkieGranny]

http://www.menifee247.com/2014/07/smith-files-wrongful-death-suit-against-ex-wife-partner.html

Terry Smith Sr., father of the 11-year-old boy who was found murdered in his Menifee back yard a year ago, has filed a wrongful death lawsuit against his ex-wife and her live-in partner.

The suit, filed May 27 in Riverside Superior Court, accuses defendants Shawna Smith and Dennise Bugna of gross negligence in leaving Terry Smith Jr. home alone with his half brother, Skylor Atilano, who was 16 at the time. The suit alleges that Atilano "had expressed fear that he would harm Terry Smith Jr. (and) suffered from mental illnesses including multiple personality disorder, had an extensive history of psychiatric hospitalization for violent outbursts and suicidal ideation stretching back 10 years, was on probation for an October 2012 felony assault, and had a history of alcohol and controlled substance abuse."

 

[OkieGranny]

http://www.menifee247.com/2014/08/atilano-admits-to-voluntary-manslaughter-will-serve-4-6-years.html

The 17-year-old accused in the death of his half brother Terry Smith Jr. in Menifee in July 2013 admitted today to the crime of voluntary manslaughter and will serve up to six years in a juvenile detention facility.

Skylor Atilano's admission is the equivalent of a guilty plea in adult court. He was sentenced to 12 years by judge Timothy F. Freer, but a defendant sentenced in juvenile court cannot be held past the age of 23. He could be free in as little as four years following a probationary hearing and review, according to John Hall of the Riverside County District Attorney's Office...

The prosecution wanted to stipulate that both parents were aware of the plea bargain and are in support of it. Terry Smith Sr., who lives in West Virginia, was not in the court room. His ex-wife, Shawna Smith, was seated in the court room but chose not to make a statement, according to the prosecutor.

 

[sophiebelle]

http://www.menifee247.com/2014/08/atilano-admits-to-voluntary-manslaughter-will-serve-4-6-years.html

Those laws need to be changed! For one thing, this has dragged on and by the time it came to this, he was older. It's not enough time, and I'm surprised dad agreed. I guess that won't affect his lawsuit?