Grandmother faces 10 years for 'unforgivable' abuse

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By Bill Hethcock

Colorado Springs Gazette, 7/13/02


They called it the family secret.

A 6-year-old boy's mother and grandmother teamed up to create a childhood hell, prosecutors say - burning him with lighters, starving him and forcing him to sleep in a dog cage, walk on a leash, wear diapers and survive for days duct-taped to a kitchen table.

The boy's 8-year-old sister told investigators she witnessed the abuse and their mother often forced her to kick him in the groin.

And the children's mother told the 8-year-old she, too, would suffer if she revealed "the family secret," according to court files in the 4th Judicial District.

The boy's 28-year-old mother, Tonya, dished out and directed the abuse, and the boy's 47-year-old grandmother, Faith, followed her orders, prosecutors say. The Gazette is withholding the family's last name to protect the identity of the children.

Monday, Faith will be sentenced to up to 10 years in prison for her role in what Deputy District Attorney Christian Schwaner called the most horrifying child-abuse case he's seen. Faith pleaded guilty in May to two counts of felony child abuse resulting in serious bodily injury.

Tonya is headed to trial Sept. 10 on six counts of the same charge and one count of conspiracy to commit child abuse. Prosecutors allege the abuse occurred between December 2001 and Feb. 20.

"It's just the most awful thing imaginable," Schwaner said. "Everything that was done to that child is unforgivable."

The family secret started to unravel Feb. 20, the day Tonya took the boy to the Colorado State Hospital in Pueblo for a mental health evaluation and claimed he was mutilating himself.

Doctors noticed he was malnourished and covered with open sores, burns and scars. When questioned, Tonya told hospital personnel the boy caught his pajamas on fire while playing with matches, according to an affidavit used to support Tonya and Faith's arrests. The case was turned over to El Paso County since the mother and grandmother live there.

The boy had more than 40 injuries in different stages of healing that were apparently inflicted at different times, according to the affidavit El Paso County sheriff's detective Teresa Murphy filed. They included a quarter-inch patch of hair and skin missing from the back of his head, chaffing and scratches around his neck, and scratches and burns on his back, hands, legs, feet, testicles and groin. Doctors told Murphy they didn't believe the wounds were self-inflicted or caused by the boy's pajamas catching fire.

Murphy confronted Tonya and Faith.

Initially, Faith told detectives the boy secretly stole from her, urinated on her belongings, and "has no respect for the love of Jesus," Murphy's affidavit says. Faith said she believes he "has the devil in him" because he once told her in a deep, raspy voice that he was "Lucifer."

Faith insisted she had never disciplined him other than spanking him and forcing him to stand against a kitchen door.

But Tonya said Faith forced the boy to wear diapers, wear a leash and harness, sleep on the floor, and bound his wrists with duct tape for the two weeks prior to their visit to the Pueblo hospital. When confronted with Tonya's story, Faith admitted she bound the boy for two weeks but denied any physical or sexual abuse, Murphy's affidavit says.

In March, the victim told caseworkers his mother removed him from school, often burned him with a lighter and made him sleep in a dog cage. His mom and grandmother would tape his entire head except for his nostrils and mouth and feed him nothing but oatmeal, then later rip off the tape, taking skin and hair with it, the boy said.

The older sister confirmed the abuse March 15, according to the affidavit.

She also said her mother made her fight with her brother "to see who would win" and "play yo-yo" by placing a belt through a buckle around his neck, then pulling on it until he choked.

The girl apologized for not telling authorities about the abuse sooner, but she said she feared for her safety.

"I didn't want to tell you because my mom told me to keep it a family secret," she said. "I don't think I could survive the things he did."

The boy's wounds are healing and he and his siblings are in foster care, Schwaner said.

He said this case is far worse than one that made headlines late last year when a mother and father pleaded guilty to forcing their adopted son to live in a tiny room under the stairs, urinate and defecate in a bucket, masturbate in front of siblings, do calisthenics in the nude, eat meals on the floor and wear a dog shock collar.

Prosecutors didn't seek felony convictions in that case because they could not prove the child suffered serious physical injury, Schwaner said. Colorado law provides for felony convictions in cases of physical and sexual abuse of children, but not for psychological abuse.

The parents in that case pleaded guilty to misdemeanor child abuse charges. The woman was sentenced to two years in the El Paso County jail, the maximum the law allows. Her ex-husband was sentenced to four years in prison because he pleaded guilty to an unrelated felony theft charge as well as misdemeanor child abuse.

Schwaner hinted he'll seek a long prison sentence at Faith's hearing Monday. He hopes the grandmother will testify against her daughter, although that's not spelled out in the plea deal.

Faith, who is awaiting sentencing in the El Paso County jail, could not be reached for comment. But in a six-page letter to Judge Tom Kennedy, Faith asked for mercy.

Faith blamed the bulk of the abuse on Tonya, saying her daughter told lies to pit the children and grandmother against each other. Faith said she abused the boy only because Tonya threatened worse punishment - even death - if she didn't follow her orders.

"I do admit to these charges your honor but I did them to protect my grandson from worse bodily harm and death, which Tonya threatened quite often," Faith wrote. "I found myself hooked in my daughter's web and was in fear all the time."

Faith's pastor also wrote a letter on her behalf, calling her a strong believer in prayer, a vacation Bible school volunteer and a regular worshipper who often brought her grandchildren to church.

Tonya, who is free on $25,000 bond, blamed Faith for the abuse. Tonya said Faith abused her and tried to abandon her when she was a child.

"She'd burn me with cigarettes," Tonya said. "She put me in the state hospital, claiming I was Satan. I had to stay in the state hospital for a year because she didn't want me back. It was basically the same sort of thing that happened to my son."

Tonya pointed out she's the one who took her son to the hospital. She's bitter that social services caseworkers have placed her children in foster care and are trying to terminate her parental rights. In April, she had a baby boy who has been placed in the same foster home as his brothers and sister.

Tonya said she hasn't been allowed to visit her children in weeks, and she's convinced her children are being coached to testify against her.

"I miss my kids very badly," she said, "I just want to see them."