By MATT WARD
PVT
Nye County District Attorney Brian Kunzi filed formal criminal charges against four Floyd Elementary School educators on Thursday.
Principal Holly Lepisto, special education teacher Sarah Hopkins, special education aides Phyllis Dushane and Kathryn Cummings each face one count of child abuse or neglect, a Class B felony. The four women were originally arrested on five counts of child abuse and one count each of conspiracy to commit a crime.
In a statement released by the district attorney, a criminal complaint against the women alleges that over the course of a year DuShane, Cummings and Hopkins “used physical forms of discipline” that included “grabbing a student’s arm and forcing him to punch himself in the face, repeatedly flicking a student behind the ear, swatting a student and striking or popping a student in the mouth.” Lepisto, meanwhile, allegedly received numerous complaints about the instructors and failed to intervene to protect the students.
Kunzi said that his decision to combine the five charges of child abuse for which the women were originally arrested into one charge did not constitute any change in the severity of the case.
“I combined them all into one as a charging style. There were multiple victims,” he said. “In my estimation, when you look at the abuse, there wasn’t one particular time, but it was the entire course of conduct.”
A court hearing where the women will have an opportunity to answer the charges will take place in the near future, Kunzi said. A preliminary court hearing will likely be set then.
Ed Lepisto, the principal’s husband, said in an interview with the PVT earlier this week that he and his wife have received an outpouring of support from friends and family. He said the pace of events has left him and his wife feeling “victimized.”
“The system really rocks your world. The handcuffs, losing your freedom for something you didn’t do. It’s really unsettling,” he said. “We’ll continue to hold strong to our faith and our beliefs.
“We still don’t quite understand what’s being said. They can do that and leave you in limbo.”
A set of court records obtained by the PVT on Wednesday painted a fuller picture of the allegations against the four Floyd Elementary educators.
Nye County Sheriff’s deputies were made aware of alleged abuse at Floyd Elementary School on Oct. 22 after a whistleblower reported witnessing a teacher strike two disabled students, according to a search warrant affidavit written by NCSO Det. David Boruchowitz.
The whistleblower told an NCSO deputy that a “Mrs. Hopkins” flicked two children in the face, “grabbed,” “hit,” and “shook violently” the disabled students for not following instructions, according to the affidavit, which was filed in Fifth Judicial District Court on Nov. 22.
According to the warrant, the whistleblower is no longer employed with the school district, having left to get “out of this situation,” the affidavit states.
Two other search warrant affidavits as well as a declaration of arrest filed in the case were also reviewed. They reiterated many of the same allegations against the four Floyd Elementary employees, who were arrested on Nov. 23.
The educators are all suspended, along with a fifth aide, from their jobs at the school district pending an internal investigation. Lepisto and Hopkins are free on $100,000 bail. DuShane was released from jail for medical reasons shortly after her arrest, and Cummings was released on her own recognizance after spending almost a week in the Pahrump jail.
Nye County Sheriff’s deputies executed a number of search warrants at Floyd Elementary as well as with the school district. Police seized all kinds of employment, disciplinary and school district policy records. Documents pertaining to at least two alleged victims were also seized, including IEPs, discipline history, therapy protocols and related school documents.
The PVT is not releasing the names of the alleged victims. Parents of the victims will be identified only if they agree to comment for future stories about the arrests. The PVT is also withholding the whistleblower’s identity.
According to a search warrant affidavit filed in Justice Court on Nov. 29 and signed by Justice of the Peace Tina Brisebill, NCSO detectives seized the personnel records for DuShane, Cummings, Lepisto and Hopkins as well as for previously unnamed school district employees Tracy Visconti and Amy Johnson.
In the affidavit attached to the warrant, the detective writes that through his investigation he identified four victims of abuse who are students in Hopkins’ Floyd Elementary class. The children, he writes, were subjected to “spankings, flicking, pushing, slapping, violent shaking and grabbing.” The students suffered from a variety of physical disabilities and mental challenges. The detective describes interviews he conducted in the case, including an interview with an unnamed aide who says that on one occasion they “witnessed Hopkins grab (name withheld)’s hand and make him punch himself in the mouth several times as a punishment.”
According to the sworn statement, three aides went to Lepisto and filed complaints about the incident. One aide told police that Lepisto said “this was a special class and this is how things were handled there.” In the statement, Boruchowitz also describes his interviews with DuShane, Cummings and Hopkins. He says their information was “deceptive and contradictory.” Also, he says the women “admitted to the allegations in a round-about fashion.”
According to the affidavit, Hopkins told Lepisto of “spanking” the children, and that the principal urged the teacher to be careful of perceptions. An interview of one of the victim’s parents, according to the sworn statement, revealed that the parent did not give Hopkins or anyone at the school district permission to punish the student.
According to the detective’s sworn statement, he interviewed a 6-year-old who is in Hopkins’s class. The child told the detective that while other students participate in a disciplinary routine involving cards when they misbehave, another student is “spanked” or “snapped” when they misbehave.
Boruchowitz also interviewed “a director of Special Education” at the school who revealed that he’d referred an occupational therapist to Lepisto when the therapist complained about the treatment of students in Hopkins’ class, according to the statement. Contacted later, Boruchowitz writes that the therapist reported incidents multiple times to the school district that went unheeded.
Hopkins said that she was following accepted practices, according to the detective’s description of his interview with her. The detective reveals in the affidavit that a “letter of expectation” exists that Hopkins made available to all her new classroom aides. In the letter, according to the sworn statement, Hopkins advises that if the aides have any problems with the level of physical contact between them and the students, they should “report it to her.” Boruchowitz says in his statement that he believes this was done to keep “the circle of people that knew as small as possible.”
The affidavit also records that Floyd Elementary guidance counselor Kathy Gailey was provided a copy of this letter.
A third search warrant filed in Brisebill’s court on Nov. 29 seeks records provided to Gailey as well as all video surveillance taken from the interior and exterior of the school.
A declaration of arrest provided to the PVT on Wednesday and another on Thursday reveals the same information as the warrant affidavits.
Kunzi made clear in his statement Thursday that the charges against the educators are “allegations,” and that “anyone charged with a crime is presumed innocent until proven guilty.”
In a reference to the sometimes hostile relationship between the NCSO and former district attorney Bob Beckett — who is representing at least one and maybe two of the educators in this case — Kunzi emphasized the close relationship he hopes to forge with Nye County deputies.
“This has not been an easy investigation and I understand the public does not want to believe these things could happen in our community. Even though I have been delayed in completing these complaints because of other demands on my time, we could not have moved as quickly as we have without the close working relationship between the DA’s office and the Sheriff’s office.”
CHARGES FILED: Records reveal case against educators
Posted on03 December 2010.
- UPDATE: Bail raised to $100,000; police say evidence mounts against educators
- UPDATE: Floyd Elementary principal, teacher released on bail; aide remains in custody
Tax assessor’s racist rants made public
- BREAKING NEWS: Extent of alleged abuse at Floyd Elementary revealed in court documents. Multiple search warrants served on student, teacher records
- CHARGES FILED: Records reveal case against educators
But Ray...an op-ed piece is all about opinions, and he is entitled ...
wow. pretty hostile comments.. i actually have quite a bit of experience ...
And there you have it in a nutshell. Excellent post BC. If ...
Hey sicko, what makes you think that you are part of the ...
the People of Pahrump can manage animal welfare without a shameful organization ...
Perjury by confession witness During the trial, George Freeman was called as a witness and testified that Ray Buckey had confessed to him while sharing a cell. Freeman later attempted to flee the country and confessed to perjury in a series of other criminal cases in which he manufactured testimony in exchange for favorable treatment by the prosecution in other cases, in several instances creating false confessions of other inmates. In order to guarantee his testimony during the McMartin case, Freeman was given immunity to previous charges of perjury. Under immunity, Freeman admitted to fabricating Buckey’s confession
Acquittal and dismissal In 1990, after three years of testimony and nine weeks of deliberation by the jury, Peggy McMartin Buckey was acquitted on all counts.[10] Ray Buckey was cleared on 52 of 65 counts, and freed on bail after more than five years in jail. Nine of 11 jurors at a press conference following the trial stated that they believed the children had been molested but the evidence did not allow them to state who had committed the abuse beyond a reasonable doubt.[30] Eleven out of the thirteen jurors who remained by the end of the trial voted to acquit Buckey of the charges; the refusal of the remaining two to vote for a not guilty verdict resulted in the deadlock. The media overwhelmingly focused on the two jurors who voted guilty at the expense of those who believed Buckey was not guilty.[31] Buckey was retried later on six of the 13 counts, which produced another hung jury. The prosecution then gave up trying to obtain a conviction, and the case was closed with all charges against Ray Buckey dismissed. He had been jailed for 5 years without ever being convicted of any wrongdoing
Media coverage Media coverage
Wayne Satz, at the time a reporter for the Los Angeles ABC affiliate television station KABC, reported on the case and the children’s allegations. He presented an unchallenged view of the children’s and parents’ claims.[33] Satz later entered into a romantic relationship with Kee MacFarlane, the social worker at the Children’s Institute International, who was interviewing the children. Another instance of media conflict of interest occurred when David Rosenzweig, the editor at the Los Angeles Times overseeing the coverage, became engaged to marry Lael Rubin, the prosecutor.[1]
The media coverage of the trial was very negative, and skewed towards an uncritical acceptance of the prosecution’s viewpoint.[4] David Shaw of the Los Angeles Times wrote a series of articles, which later won the Pulitzer Prize, discussing the flawed and skewed coverage presented by his own paper on the trial.[34] It was only after the trial that coverage of the flaws in the evidence and events presented by witnesses and the prosecution were discussed.[4]
Legacy The trial lasted seven years and cost $15 million,[35] the longest and most expensive criminal case in the history of the United States legal system, and ultimately resulted in no convictions.[3][1][22] The McMartin preschool was closed and the building was dismantled and several of the accused have died. In 2005 one of the children (now an adult) retracted the allegations of abuse.[18][36]
Never did anyone do anything to me, and I never saw them doing anything. I said a lot of things that didn’t happen. I lied. … Anytime I would give them an answer that they didn’t like, they would ask again and encourage me to give them the answer they were looking for. … I felt uncomfortable and a little ashamed that I was being dishonest. But at the same time, being the type of person I was, whatever my parents wanted me to do, I would do.[Legacy
http://pvtimes.com/news/courts-hear-requests-to-disqualify-beckett/ I think you all should remind yourselves. go read
Just the facts, ma’am.
No one who backs the NCSO and Det B wants to hear facts.
bozo’s in their sandbox. Has a nice ring to it.
Yah, but we elected those “bozos” so what does that make us? And if so many out there are protesting a ‘corrupt’ government, then why don’t they protest? Make a stink…..create a fuss. You get the drift. If it’s such an outrage, than why post on a message board. Get your keesters (how do you spell that word…) off the couch and take action. Individuals can only create ripples of change…..an entire group can make sh*% happen.
Dang, sounded a bit poetic there….oops.
Aw gee, disgusted wants to post newspaper articles as “proof”.
Name one case that the detective’s testimony was disqualified from. Just one, come on disgusted, name just one case.
Still the wannabe spoiled little rumor monger.
not my point let me explain, ye with tiny intellect. do you think beckett might want to use the same argument. don’t forget mr bravado, gibson, who found it necessary to threaten defamation against the poor feller who asked about his wife and her involvement. Gee, was he involved in the Boruchowitz “liar” cases. nothing but dirt, dirt, dirt with this guy. i think he gets caught this time.
disgusted makes MY point for me.
He wants people to believe that there is some sort of majic bullet for the defense to use to impeach detective’s testimony, yet he forgets to mention that not one single time has a judge upheld any motion to discredit the detective.
Aw disgusted, when called on the carpet, you tend to wet yourself.
A criminal complaint has been filed against Nye County sheriff’s Detective David Boruchowitz accusing him of burglary and assault in an effort to harass candidates seeking public office.
The 25 counts filed against Boruchowitz stem from alleged actions against Scott Cobel and Ted Holmes, who were candidates for Nye County sheriff, and District Attorney Robert Beckett.
Las Vegas private attorney Conrad Claus, a special prosecutor named by Beckett, met with the news media Thursday on the steps of the Clark County Regional Justice Center to discuss the complaint.
Beckett was arrested May 5 and booked into the Nye County Detention Center on charges of malfeasance of office, embezzlement, 20 counts of fraudulent appropriation of property and 20 counts of misconduct of a public officer. He has since been released on his own recognizance.
One of the charges against Boruchowitz, according to the complaint, involves the detective allegedly kicking in a door at a home where teenagers were gathered April 17.
The complaint alleges Cobel’s daughter was in the home when Boruchowitz allegedly forced entry and subjected the teenagers to searches – including breathalyzer tests – without a warrant.
Boruchowitz also is accused of filing an application for a search warrant in March that included untrue statements about Holmes.
“What we’re looking at is a police officer who has been interfering” in politics, Claus said. “That has to stop.”
Attempts to reach Boruchowitz and Nye County Sheriff Tony DeMeo weren’t successful Thursday.
In addition to his other duties, Boruchowitz also serves as the sheriff’s office’s spokesperson, handling media information requests.
Claus said he didn’t know the number of years Boruchowitz might have to serve if convicted, but added “he could be looking at the rest of his life.”
Please note the source of this post.
PVT
explain yourself, pvt
awaiting explanation, pvt, thank you
is it true that not all of the parents and students were interviewed by ncso? is it true that not all of the professionals in contact with the students were not interviewed?
Kicking in doors, forcing teenagers to undergo breathalyzers, and all without a Warrant? If these allegations are factual it should sound the alarm bells throughout the state.
Ever get the feeling that scripted, cop TV programs have fostered a sense of Chutzpah amongst law enforcement personnel these days? The behavior of the actors in these UNREALISTIC, and SCRIPTED TV programs is abominable. This is something you might have seen in pre-perestroika Russia, but NOT in America, the supposed land of the free, and home of the brave.
How much truth is behind these allegations?
http://www.lasvegassun.com/…/nye-county-detective-accused-harassing-sheriff-can/
It stated: “Page could not be found”.
You fail to mention that all charges were dismissed with an apology from the judge.
U’re point is? The system is screwed up and they’re all liars:)Now wht? If it takes 2 yrs 2 catch a bunch of child molesters,so tht this sheriffs office can arrest thm!!!Wht does tht say abt this town,the system,the police,court systems? SAD day whn it took longer thn a complaint 2 do anything 4 thm children!! I dont trust these cops,law enforcement,judges,friends,churchs,how sad? Why would any1 turn the other cheek in these matters? It s ok as long as its not in my yard or business:)Heck if paid enough i might do it? Great thinking,good thing we dont all think alike:)Border police,how much pay? Why so many illegals? Drug dealers selling 2 pregnant women? Nice,how much profit in tht? Alcohol kills,DUIs but legal?Profit maker as long as its not u again? Funny:):) lol i wont except tht so keep trying 2 push u’re lies and B.S. i dont have energy 4 all the problems of the world…Just me. Hopefully ill b tht 1 big mouth tht makes a difference,if not at least i tried:):) Honest drug test from my SHRINK and QUEST:) bite me:) Next 1 if new M.D. listened thn ill show 4 weed bcause i was in Ca.All other tests r false,im more thn happy 2 pop a piss anytime asked:)Task force u know ill let u search all my stuff without warrants so,please laugh.xoxo’s F.U.R.B. Hinagan whts up? ODonnell u know wht a 20 baggier is u taught me:)night lmaod
maybe lisa should have her own news paper….she sure seems to use up a lot of space that otherwise could do some good….
what? no ncso supporters? not looking good for you is it?
What about the people who should be supporting these kids, Screw the teachers and NCSO let them fight it out!!!!!!What about the people in this town supporting these disable children????
Brillyant statement, You really are some help, Have you been keeping up and reading it twice?
Hey Larry 2, why don’t you go pound sand you ignorant a**..I have been reading all about it, but, I guess in your mind these kids are not worth it..People like you are destined for hell…Sad to see that people like you would put adults first before kids…I wonder if this happen to your kid would you still be a low life and say these outrageous things you have said in all your comments…I see that you have morals like the pig that you are…
How do you go from a $100,000 to be released on O.R.? Maybe the bail was excessive? http://lasvegasbadger.blogspot.com/2010/12/charges-filed-in-parhump-special.html
I work with 7 severly disabled students in CCSD and one aide, if they show up. I don’t feel compelled to hit my students when they misbehave- it’s part of the job. In the Floyd classroom, it was almost 1:1 with the students. Either there was horrible classroom management or some one is lying. If the kids have a 1:1 aide, their behavior should be under control well enough to avoid being spanked, hit or flicked.
If it is true that they hit the kids, then the educators need to be punished but there are a lot of holes in the case.
You have no idea how a story grows till you have a cop involved. I had a little Dog Falsely Accused of Biting a women 20 feet away. The 2 cops came to see the dog, I put the Dog on the ground so they could see that the Dog does not bite or bother anyone. In the Report, The Cops ( SAID ) I looked at the Dog, The Dog looked back and he looked as if ( I ) made one false move he would attack me! The Little dog did greet the 2 COPS with a friendly bark. The Female cop testified that the dog is vicious, He barked. Because I put the dog down on the ground at the front door and not in the fenced yard, I was charged with the dog running the neighborhood without a leash! Now that you know this story, It cost me over a Thousand Bucks, I want you to know exactly what goes on when a cop investigates, He has his own story to tell, By the way. If you know anything about the Senior Center, They push their way into the house where you and your animals are without warning and are told to do this before leaving any food. Back to the Cop, He was an avid comic book reader as a kid and that is why the dog might attack him.
Can you see the picture? Well, That is just part of the story, I do not have a working relationship with City Hall. I am retired and want left alone.
Oh heavens!
I’m still trying to get the courts to prosecute the nuns that used to rap my knuckles with a ruler when I misbehaved! The horror!
no kidding huh? I survived Catholic school as well. Funny, I came out a normal well adjusted adult, unlike kids today and the nuns had NO ISSUE giving us a smack across the hand when we stepped out of line.
“If any place should have extra scrutiny, it’s Nye County,” Kuehn told the judge. “As I’ve said to the press, we’re the laughingstock of the known universe.”
I have been following this story and read the stories in the Times. I have some serious problems with what I have read. I was part of law enforcement for 8 years and generally fall on the side of law emforcement. This concerns me on several levels. I cannot understand how someone can be arrested, handcuffed, spend time in jail and be required to post bond when they have not been charged. When you are arrested, you have the right to know what you are being arrested for, and need to be charged in 48 hours or released. Also, a preliminary hearing, if the defendent waives time, needs to be held within 10 days. Maybe Nevada marches to a different drummer. . . . . you think?
Kuehn said attorneys for his firm obtained 17 documents Tuesday that Beckett said show Boruchowitz was a liar. They will be introduced in court at a later date
where and what are they, just curious
I AM A CHICKEN, I WAS A HUMAN BEFORE TONY SHOT ME WITH HIS SUPER SECRET RAY GUN. Now I must get drunk and be a chicken.
u know I know how evil the demons are but yur not going to git me for I am the ghost of a troubled joe with chickens u know.
and he wont tell me a wht a 20 baggier is? Odonnel you know or do I?
Who is Odonnel? Is the the reporter for channel 41 because she iz hot.
I see that the crack head is back out on the loose, You need a another hit off your pipe loser…This girl is so sweet on DEMEO!!!!
i don’t know about her being sweet on demeo but i do know that when one of these meth headfs are high they can’t stop talking…..sound like anyone here? huh lisa?
i am the father of a special needs boy and i can tell you this…if anyone were to hurt him not even god could save them from me….
now i know what you might say….acting like a tough guy and what no….well i don’t trust the legal system and i am not an actor of any sort.