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[Anonymous]

FYI.....Adam Ah Quin was in Salt Lake City at a gymnastics tournament the night of the attack.  He was a gymnastics coach for Southern Utah University.

[Anonymous]

On 2004-05-29 15:31:00, Anonymous wrote:

"Legally there are certain conditions that must be met before one can be found guilty of premeditated murder.  To be guilty of this crime there must be the intent to kill - it must be planned out and executed. The big question is this: Did the boys desire to kill and end the life of Anson.  It seems they wanted to knock him unconscious to enable them to escape from this facility that was keeping them there against their will.  They were apparently in a lock-down situation - a private prison that they felt they needed to escape from. It seems, from all I've read, that they wished to escape and part of the plan was to knock Anson out.  If they wanted to actually kill him with the bat they would have continued to beat on him until there was no life left.  Here they hit him twice - when he was knocked out they put him in a closet. Apparently they thought he was still alive and would regain consciouness and foil their escape, so they put him in a closet and locked him in.  If they INTENDED to kill him - they very well could have done that by beating him until he was dead - then they would have had no reason to put him in the closet to prevent him for regaining consciousness and foiling their escape.  



Could this have been prevented with two guard on? Of course.  Obviously these boys knew that there was only one person on at night - this had been going on for quite some time.



Even attempted murder required the intent to actually KILL.  In this case it seems this intent was lacking. In fact, they were shocked when they found out that he had died. It is clear that they did not desire to actually kill him.



The legal requirements for assault are definitely there - but the legal requirements for murder or even attempted murder are not.



They did kill someone - but it is clear they lacked the requisite intent to kill - therefore what they did could not be first degee murder. Escaping from an abusive private youth prison is not a felony.  This was a private home. They stole the vehicle to get away in.  



This was an escape attempt that turned deadly. Some children have died in an attempt to escape.

One need not wonder why they wished to escape. They had been in a lock down for nearly a year and their hopes at getting out were dashed because Ah Quin said they cheated on a test - so they had to stay for months longer (at a combined cost of $10,000 per month). This is common place - all of these programs do this - they do it for financial reasons.  "

   You don't know what these boys intended to do. If they were running for their lives because they were in danger of serious harm or injury why did they stop to steal stuff before they left, like the T.V.?

[Anonymous]

Maybe they took "stuff" to sell so they could have money for food and so forth after they escaped from that hellhole private prison. As far as the owner being at a gymnstics meet - so what - his first responsibility was for the safety of the staff and children at his residential facility.  There are such things as "temp agencies"  there are many people who are unemployed in Utah - it would not have been difficult to find another night watchman or security guard, especially in an economically depressed place like Cedar City Utah. Where people are so poor they eat road kill.

[Anonymous]

Interesting how many people want to blame anyone else for the murder except for the people or person who did it. When you hit someone like that on the head with a bat you are taking the chance that you might kill them. Many people are abused and locked up for longer than a year and do not resort to violence. Dr. Miller Newton of KIDS and STRAIGHT has lost a huge lawsuit against someone he abused. Former abused clients have picketed outside his home and even contacted different places he has worked and I believe got him fired. My point is that I think we all have choices in life and most of us have had bad things happen to us, some worse than others but if you choose violence and kill someone you should be held accountable.

[Anonymous]

I agree with you - there are other alternatives. Unless you have been there - you can't know what it was like to be locked up and punished all of the time. Who was carrying out this punishment? Anson Arnett and the other staff members. Were they trained psychologists? Of course not.  If you take a human being and continually put them under stress - chances are that human being will act irrationally at some point. This is why there are so many suicides in prison.  People are pushed past the breaking point. Obviously these boys had been told that they had to stay in that "program" longer for "treatment" by unlicensed people.  They probably just couldn't take it anymore and saw that there was an opportunity to escape on the night shift because Ah Quin was only using ONE staff member during the night.  This was probably going on for quite some time. Reason would dictate that this is why there is a rule to have at LEAST TWO staff members on duty at all time - for the safety of the youth and staff.  
Behavior Modification is dangerous buisiness - these boys were having their personalities, values and behaviors modified by untrained staff. These kids were having their brains fucked with - literally.  Ah Quin doesn't have any type of a degree - he's a punk without a degree in any type of psychological discipline. He was just getting rich - keeping these boys in his fucked up program just so he could pocked another $10,000 per month.  He didn't want to drop to only 4 boys when he had the capacity of 11.

[Anonymous]

Suspects plead not guilty in youth counselor's slaying

By ELIZABETH MILLER
emiller@thespectrum.com

June 9, 2004
 
CEDAR CITY -- Soft-spoken phrases of "not guilty, your honor," were uttered eight times Wednesday at 5th District Court as Jesse Simmons and Sean Graham pleaded innocent to aggravated murder, a capital offense, and other charges against them.

Both 17-year-old defendants entered a plea after Judge G. Michael Westfall found probable cause that they committed the crimes of aggravated murder, aggravated kidnapping, theft of an operable vehicle, and theft.

"This is a close case for this court," Westfall said. "All I can do is believe the evidence that is most favorable to the prosecution."

Graham and Simmons stand accused of killing their group home counselor Anson Arnett on March 8, when they beat him with a baseball bat. After the assault, they allegedly locked Arnett in a closet then fled the scene in the academy's van, with some items that could be pawned.

After the ruling Wednesday, Graham's attorneys Douglas Terry and David Kindopp suggested they would file a motion to reverse the bind over order on their client.

"If we file the motion, it's to challenge the bind over," Terry said. "It's (the bind over) to be expected, but as the judge said, it's a close case. We respectfully feel he erred on the wrong side, not the right side."

Simmons' attorneys, Stephen McCaugh and Keith Barnes were not surprised at the bind over, but they were pleased two of the four aggravating circumstances were dismissed.

Iron County Attorney Scott Garret was pleased at the judge's ruling, and agreed with McCaugh about some circumstances being dismissed.

"I think the judge made the right call all the way down the line -- even to excuse some of the aggravating circumstances," Garrett said. "I absolutely feel victorious. You want to bind over the defendants on what you charged them with."

Garrett said plea agreements are usually not discussed in cases until after the preliminary hearing and McCaugh said he and Garrett have not discussed any deals, as of yet.

"Hopefully down the road, we can resolve this in a satisfactory manner," McCaugh said.

Garrett said there is a lot of issues to discuss before he would extend any plea agreements to Graham or Simmons.

"There's a lot to take into consideration," he said. "And, I would have to talk to the victims and assess all the evidence."

After the arraignment, both cases were set for separate trials. As it stands now, Simmons' trial is before Westfall and Graham's trial will be before Judge J. Philip Eves.

[Anonymous]

Wonder why the district attorney let all those responsible for the starvation/torture death of Aaron Bacon get away with lesser charges that did not require jail time? With all the reports of abuse and violations of rules in Utah - it is highly possible these boys were being abused in more ways than one. They may have had a right to escape by force. What was done to these boys happens all of the time. This program obviously lacked proper therapy. This Ah Quin - he just wanted more money - he does not have the qualifications or expertise to practice behavior modification.  When you mess with a human mind-anything can happen. It's obvious this program lacked the necessary supervision and therapy to deal with troubled youth.
This is so unfair considering what has been done to programs and staff who were responsible for the death of many children in Utah. They have an obvious double standard.

[Anonymous]

how do you know that getting Anson Arnett medical attention any sooner than you did would not have helped his survival??

were you told that by someone? or do you just believe that?

Just curious...

[cherish wisdom]

First of all - death from head trauma occurs as a result of brain swelling. Immediate treatment can reduce this. It also did not help for him to be upside down in the closet for two hours. It's hard to believe that time was wasted. Why didn't the boys go for help sooner? Why didn't they ask a next door neighbor for help? When they did find one of the counselors - why didn't that counselor immediately call 911 before checking for himself? The administation of Decadron could have reduced brain swelling. Immediate help may not have saved him - but he would have had a better chance at survival. Those two hours may have made a difference. Getting him out of the closet and treating for shock right away may have made a difference. Those who witnessed this obviously waited for some reason - perhaps the boys were afraid of getting into trouble - of suffering some extreme consequences.  Who knows? Reason dictates that this two hour delay in treatment may have made a difference between life and death. I know this because I've worked in the medical profession for nearly 25 years.  Immediate intervention often makes a difference. [ This Message was edited by: cherish wisdom on 2004-06-13 23:24 ]

[Anonymous]

Anon Posted: 2004-06-02 10:02:00  

FYI.....Adam Ah Quin was in Salt Lake City at a gymnastics tournament the night of the attack. He was a gymnastics coach for Southern Utah University.

HELLO?

If Mr. AhQuin, himself, could not work the shift that night with Anson Arnett, why did he not make sure another staff member was on duty?  Surely he knew he was required to have 2 staff members on duty at all times.  Second, I agree with CW, the delay in emergency medical intervention is very troublesome.  Hopefully the defense will call experts to settle the question as to whether Anson could have been saved if help had arrived sooner because this issue does need to be addressed for the sake of all the parties involved.  Lastly, it seems fair to say that had there been 2 people on duty that night, things might have turned out differently.  I hope the parents of Anson Arnett and indeed, the residents of Cedar City, have considered this and will take whatever steps necessary to ensure that program owners and operators are held accountable for violating licensing rules and regulations. A mere slap on the wrist just won't cut it, IMO.

[cherish wisdom]

It is still very puzzling - in ordinary circumstances a person would immediately go to the aid of someone who was injured - or at least when it was safe to do so.  The four boys at the facility obviously saw what happened and knew that Anson was in that closet.  They could have gotten help as the other boys left the area. My guess is that they were afraid to. They were not sure what the consequences would be. As we know the penalties and punishments at these programs are harsh and extreme.  

These were not ordinary circumstances - It seems they were in a lock down facility - maybe they could not get out. We just don't have enough information and some of these questions are not being addressed by the press.

According to the reports we've seen - Anson was left upside down. This position could have contributed to the brain trauma. The position could also have limited his ability to breath.  If only he could have been taken out of the closet as soon as possible - perhaps he would be alive today.

May the forces of evil become confused on the way to your house.
-- George Carlin

[k_arnold1974]

Anson Arnett, did not have it coming when the two boys who found out because they broke rules their stay in the program would be extended and stole the bat from the locked closet and beat him with it and then locked him in a closet. The boys apparently had no prior violent activities, never the less they are facing the death penalty. If the program was so wonderful why did the thought of extended time in it turn these boys to violence? Maximum life skills was found in 16 different violations at the time of the incedent!!! Including only having one staff member working at the time. The next day they opened the facility with yes, that's right only 1 staff member on duty. I live in Cedar City and that it took this to happen for our community to wake up and see there are alot of problems with these types of programs just makes me sick. A group of community members including city officials are addressing the Health and Human Services Study Committee at our state capitol building on june 16th at 2 pm in room 403, to try and get some legislation to change the way these places are run.

[Anonymous]

Why wasn't there a blasted *phone* for the kids to dial 911?

Even a *pay phone* will let you dial 911 without money.

Why. Wasn't. There. A. Telephone?

This is one more reason why these places should be *required by law* to have telephones--at least a working pay phone--accessible to the inmates.

That should be a federal safety requirement for all facilities that accept children from out of state for more than six weeks.

Yeah, you may be on a hike and camp away from a phone.  In that case, your trip plan with date and  time of departure, planned travel itinerary, date and approximate time of return, and the name and contact info. of the responsible adult *not* going on the trip that you will check out and in with should be filed with local emergency services.

If the kids had access to a pay phone and could call 911, would Anson Arnett still be alive today?

Nobody knows.  But he sure as hell would have had a much better chance.

Timoclea

[cherish wisdom]

Pay Phones:

If this single addition were added - much of the abuse we are seeing would be reduced. These children are not INMATES - they are STUDENTS or PATIENTS. When my daughter was at Provo Canyon School she was refered to as a "patient." Inmate in prison do have access to pay phones and can call anyone collect. These children are treated worse than Inmates in prison because they have absolutely no way to communicate with the outside. Inmates can have access to an attorney and can not be deprived of this. The patients and students in these programs are not allowed to speak to an attorney.  
Pay phones must be installed in every teen residential program and there should be toll-free numbers posted to allow teens to notify the authorities if they are being abused or to dial 911 if there is an emergency or fire.

If there was a pay-phone at MLSA - Anson Arnett would have received immediate medical care since the boys would have been able to dial 911. If they were not locked in they may have been able to get out sooner to get help.  

Many of these youth programs in Utah and elsewhere are extremely abusive and the Constitutional rights and human rights of the children are ignored. Obviously rules and regulations that have been established to protect children and staff are also ignored.

The authorities in Utah have consistently turned a blind eye to abuse and violations in these programs. They do all they can to look out after the interests of the programs instead of the interests of the children.  They do this for economic and political reasons.
ECONOMIC REASONS: These 200 facilities provide jobs and revenue to the communities.
POLITICAL: The owners of the youth programs donate heavily to those in public office who support what they are doing. Hence those leaders who go against them may not be re-elected.  I personally sent e-mails to every legisator telling them of the abuse at Provo Canyon School - which included: stripping mentally ill children naked; forced drugging; violent human restraints; denial of appropriate medical care and evalution for ill and injured chilren; violations of child abuse reporting laws; monitoring of mail and phone communication; denial of basic patient rights; excessive isolation and seclusion in violation of State and Federal Mental Health codes and laws and Utah Core Rules, and many other violations.  ONLY ONE LEGISATOR IN UTAH - out of over 70 - responded. This demonstrates that they do not care and refuse to do anything about it.

PEOPLE OF CEDAR CITY - this is an outrage that must be corrected.  It will only be corrected if you, the people, take control of your government and DEMAND reform that will make these programs safer for staff and children.  Pay phones that can be used by the students at any time are an essential addition. This could have prevented the tragedy that was experienced in your community. As these programs continue to grow more of these tragedies will inevitably occure if nothing is done.  So far your legislators have refused to do anything to make these programs safer.  There is very little government oversite and programs are allowed to continue to opperate even when violations are discovered. Since the children have no way to communicate with the authorities these abuses go unreported.  This must change - and it will not change until the people light a fire under their representatives.

Parents also need to be aware of the abuses that occur in some of these programs. As the ultimate consumers of this service industry they must demand changes.  Unfortunately, few are aware of what is going on. Utah authorities do nothing until someone dies. They have indicated that they are "reactionary."  This must change - too many have lost their lives as a result of this unregulated industry.

There are two kinds of people; those who's lives have been somehow touched by harsh tragedy and those you don't know very well.
-- Ginger Warbis

[Deborah]

***There is very little government oversite and programs are allowed to continue to opperate even when violations are discovered. Since the children have no way to communicate with the authorities these abuses go unreported. This must change - and it will not change until the people light a fire under their representatives.

If enought noise is made they'll have no choice but to appear to be taking action. I don't care how many rules and regulations are created, the situation is not going to change as long as the Stettler remains the lic dir.