January 25,2005 Elizabeth Pierson The Monitor AUSTIN — State lawmakers on Monday said they were shocked to learn last week of alleged abuses at the Evins Regional Juvenile Center in Edinburg and vowed to support state investigations into the matter. The Senate Criminal Justice Committee will investigate the alleged abuse at Evins and other possible abuses against detainees statewide by the Texas Youth Commission when the committee meets in the coming weeks, said state Sen. John Whitmire, D-Houston, the committee’s chairman. In a letter last week, state Sen. Juan "Chuy" Hinojosa, D-McAllen, who sits on the committee, asked Whitmire to investigate the allegations of mistreatment.

If necessary, Hinojosa will refer information gathered in the Senate committee to Hidalgo County District Attorney Rene Guerra for a grand jury investigation, Hinojosa said on Monday.

Hinojosa wanted the Senate to investigate because TYC findings could be biased, he said.

"It’s like the wolf guarding the chicken house; I don’t think TYC is going to investigate itself," Hinojosa said. "I think it’s improper. I think you have to have an outside institution."

Boys and young men between 15 and 20 years old from all over the Rio Grande Valley and South Texas live at the 240-bed Evins Center. They are sent there for punishment, but also to learn social and academic skills that will help them re-enter society, which most will do.

Eight juvenile correctional officers were suspended without pay for what the TYC found to be mistreatment of its detainees between Nov. 6 and Nov. 8 at the Evins Center.

Six of those guards were from other centers and were brought into Evins to maintain order after detainees took over a room in an Oct. 30 riot. A ninth officer was suspended for abusing a detainee on the day of the riot, according to TYC.

Findings from TYC investigations showed that detainees were in some cases assaulted, deprived of medical attention, unnecessarily handcuffed, hurled through the air and slammed against walls.

TYC officials said they acted swiftly in investigating the incidents, which were brought to their attention by a spike in complaints filed by parents, youth and employees following the Nov. 6 weekend.

Whitmire said he plans to ask TYC commissioners to testify on the allegations in front of his Senate committee and, if necessary, committee members will travel to the Valley to further investigate.

Some youth-rights groups have said in recent days that the Evins center problems are indicative of what happens at TYC centers around the state. Whitmire said he would not rule out the possibility that the abuse is not isolated to the Evins center.

"I’m never surprised at anything," he said. "We intend to get started on it real soon."

State Rep. Aaron Peña, D-Edinburg, said on Monday he was "shocked" at the findings. His office received numerous calls complaining of wrongdoing at the center in late October, presumably after the Oct. 30 riot that resulted in 15 detainees being sent to jail and before the Nov. 6-8 mistreatment, Peña said.

Normally, Peña’s staff would look into such calls from constituents, but Peña felt the allegations were serious enough to warrant his personal attention, he said.

Peña called TYC executive director Dwight Harris to find an explanation, and Harris downplayed problems and assured him that there were only a few unruly kids, Peña said.

Peña said he would have liked to have had more information from TYC on the incident, considering the Evins center is in his district, his personal attention to the matter and his position on the House Committee on Criminal Jurisprudence, which deals with youth offender issues.

"Since I made the initial comment, I would have appreciated a call back to say, ‘Mr. Peña, it has in fact become more serious,’" Peña said.

He learned of the more serious accounts from stories last week by The Monitor.

Harris sent a letter to South Texas legislators Jan. 12 referring to the Oct. 30 riot and the following suspension of officers for mistreatment.

State Rep. Veronica Gonzales, D-McAllen, said she supports a legislative investigation into the abuse.
"I was astonished about the behavior there," she said. "I think we need to keep better watch over the youth because they’re our future."

Elizabeth Pierson covers the state capital for Valley Freedom Newspapers. She is based in Austin and can be reached at (512) 323-0622.