Donneil Smith was acquitted of all charges tonight in Lubbock, Texas.
Day 3 of Donneil Smith’s Manslaughter Trial – EverythingLubbock.com.
Posted by: Unworthy Bum | July 1, 2011
Michael Nicholson death: The verdict
Posted in Texas State Schools
I feel like a concrete block was just dropped on my chest. I am sickened by this ruling regarding Michael’s murderer. I will not comment about my anger about this horror. I just want to send my prayers to Michael’s Mother and Brother and other family members. I pray that God will grant them peace. And I also pray for justice for Michael.
By: Jeff Garrison-Tate on July 1, 2011
at 10:16 pm
U have no idea how mike was! he was evil not doneil. dnice is the most awesome homble guy u will ever meet. the first time with mike he chased me around the home triin to attack me. he attacked everyone. i was only 20 and 120lbs girl just triin to survive with a job…. the state school was not a right place for mike. sorry he is dead but thank god he is! i wont have to go to wrk in fear any more now that, that evil monster is gone!
By: ha on July 2, 2011
at 9:16 am
I am going to repeat a comment I posted almost 2 years ago on this topic:
Where are all of these people we pay to keep things like this from happening and to prosecute if they do happen? Beyond the obvious tragedy of a man’s murder, every Texas taxpayer, whether you care about this family or not, should be demanding a refund.
Working in a state school should not be a job for poorly trained, bottom of the barrel applicants. The job requires people to work directly with individuals who have extreme conditions and needs. When the wrong people are hired into this type of job, there is a dangerous gap between what they are able to provide and what the resident needs to function and sometimes survive. The person above is correct that the state school isn’t the right place for everyone (employees and residents alike). If the money followed the individual, there is an instant solution for this gap that would allow families to move their loved ones to the most appropriate setting and many times to a much safer setting.
I don’t want this to turn into a screaming match – the person above speaks for herself very well and is a perfect illustration of the gap. There’s no need to point out the obvious. Because of this gap, a man is dead, and it never should have happened.
By: Unworthy Bum on July 2, 2011
at 10:41 pm
David Nicholson, Michael’s brother, asked me to post this for him:
“The problem is exactly as my mother has stated in a few posts, this single trial will have long ranging ripple effects for all MHMR folks in (at least) Texas. The lack of justice in this single case sends a loud message all over Texas – and to all state school employees, it’s ok, you CAN abuse, and kill a client, and get away with it! But that is not all. I honestly believe that the State Schools and many of the prosecutors in Texas will now be more thoughtful, (if not fearful) before bringing charges against State School employees for abuse and homicide simply because they will feel/know that they can not win this type of case in court. The general public, (that the jury is chosen from), simply do not care about the mentally handicapped, their lives are not as important, or as valuable as any other. The reason that Mr. Smith was acquitted, was because he, his lawyers, and several ex-employees of the Lubbock State School, convinced the jury that his job was IMPOSSIBLE. That the staff are not allowed to “restrain” these violent, and aggressive clients for the clients own protection and to prevent them from hurting themselves… SO.. it’s a rock and a hard place… or… “Your’re damned if you do, and damned if you don’t.” That was his entire defense. And it WORKED! I suppose that you’re allowed to kill them to protect them according to this jury? He also (I think) convinced the jury that he and the other caretakers were Michael’s real family, and that he just loved Michael and would have to live with the loss of “his best friend Mike Mike” for the rest of his life! That this was just a sad accident for everybody involved, INCLUDING Mr. Smith himself. And it WORKED! I guess he “loved” him to death? I guess that was OK too according to this jury? He openly admitted that he and the other employees had “made up” the original story… because they “loved” their jobs, and just didn’t want to get fired. It would seem that was OK with the jury too? If any case was ever more easily won, it should have been this one. I mean, Smith had provided a mirandized, sworn, and witnessed police statement 6 days after killing Michael, confessing everything… sitting on Mike, singing a song and mocking him, saying “I’m just laying here picking my nails” he even admitted that he stated that “Mike was acting the fool”, & “I’m not going to deal with him today”, just before he killed him. He admitted that he had “Layed” on him on at least three different occasions that morning, WHY? you may ask… he admitted that it was just to “Help Mike Mike get dressed” AND he fully confessed all of this on the witness stand… to the jury! Mr. Smith is 6′ 2″ and 215 pounds, Michael was 5′ 9″ and weighed 174 pounds. He was not only in his bedroom, on his own bed, but he was TRAPPED in his bedroom, and he had NO reason or need to be forced to get dressed. The prosecution of this case was good, the defense was based upon very obvious lies, Mr. Smith is not even a very good actor. Even the defendant and his court appointed lawyers were surprised that he was found not guilty. The whole courtroom was SHOCKED! If the jury could not/did not see guilt under these conditions, then… when would they? This single case was VERY important, and not just for Michael, and his family. Therefore, all of those “busy parents”, and “organizations” that claim to represent the MHMR, should not be surprised in the future by the long term, long range implications that this verdict visits upon THEM very personally, and sooner than they may think. I honestly pray that when/if it is their family member, somebody will not be too busy, that somebody will have the time, and will take the time to be there, just sitting there for a single day in that courtroom (where ever it may be), to show the jury that their family member MEANT something, that SOMEBODY (besides immediate family) does care about them, that there are others watching, and paying attention to their verdict. Because once that jury has retired to the jury room to arrive at a verdict… all of the support in the world will not matter. It is too late then to ever demonstrate a show of force, to send a message to that jury. All of the support in the world (after the jury has arrived at the verdict) will not change the jury’s verdict, wouldn’t you agree? A message was sent out across Texas from Lubbock with THIS jury’s verdict, and it will be heard by all. That is why I will no longer blog, or post… the message has been clearly and loudly sent out for me, by the REAL justice system… The citizens… the JURY! And that message is permanent now.
David Nicholson”
By: Unworthy Bum on July 3, 2011
at 10:38 am
Michael Nicholson was my dearly beloved son. He was not a monster, he was disabled from birth. The Lubbock State School was his home and ha should report the person that is putting a gun to her head and making her go to work there and earn taxpayers money. It is obvious that this is not the job for her.
I wonder if our Heavenly Father heard her thanking him for having her “awesome homble” Donnell Smith kill him in his own bed and making her JOB easier? She is embodiment of evil and should not have been allowed to enter the State School grounds, much less work with the handicapped (with her attitude).
I will grieve for Mikey until I see him standing on the right side of our Lord after my death, as he was a angel that could do NO wrong.
By: Lilly Nicholson on July 3, 2011
at 6:20 pm
i understand as a parent that you are grieving, but as an employee of the LSSLC I know that I am tired as being underapreciated for the very difficult job that we do. Many of our clients live there because they are violent and cannot live in the general community or at home. The state has placed them there. Or their families. Handling aggressive, violent people on a daily basis is very stressful. Our hands are also tied by miles of red tape handed to us by people that have no idea of what we do. They make up regulations and rules based on political correctness and what they think the public demands, not necessarily on what is actually best for the person living at the LSSLC. If any of you have had any dealings with CPS or APS you have some idea of what we live with on tha daily basis. I am proud to be an employee of the LSSLC and know that i work along side hundreds of equally committed people. Their are bad eggs in any basket……but for the most part we are professionals committed to helping individuals with very serious physical and mental disabilities live as full a life as possible. Next time you want to bash the LSSLC, come and be a part of the solution to our daily struggles. It is always easier to point a finger than to extend a hand.
By: caringperson on July 3, 2011
at 8:25 pm
So sorry to the family for your loss. So sorry about our justice system. So sorry about a rude 20 year old girl’s comments! She should be ashamed. Please don’t take comments like that to heart! Whatever problems your son may have had, nothing excuses this. And to the 20 year old….you have absolutely no business working in an establishment like that! EVER! I pray you never care for one of my relatives! By the way, I think it’s a little difficult to be an “awesome humble guy” while suffocating someone to death.
By: Laura on July 5, 2011
at 9:27 pm
Caringperson: I think you’re basically saying the same thing as everyone else – it’s difficult to do your difficult job in some cases. The system doesn’t work. Meanwhile, people are dying all over the state in these state schools, and families need the instant fix of that money following the individual to a better placement when necessary. It’s a situation very similar to education vouchers for special needs students – when someone is being abused or regressing, give them a way out. Michael Nicholson was someone’s CHILD, and now he’s dead at the hands of the only place he could go.
By: Unworthy Bum on July 6, 2011
at 1:19 am
The LSSLC was not the only place that Michael had to live. His family chose to place him there. I am confused by why he continued to live there if the family felt that he was being abused and neglected on a regular basis. And from what I understand the family also did not want medications given that might have lessened his aggressive behaviors towards himself and others. Michael had multiple physical and psychiatric problems and was aggressive to himself and others. I am not saying that what happened was right or excusable or even that i totally agree with the verdict. The LSSLC did not kill Michael. The LSSLC is made up of many people who were not even on shift when the incident occurred. It is cruel to label the entire facility and all the people who work there as killers when you are upset with an individual. Again I am proud to work for the LSSLC and know that on a daily basis I touch and enhance the lives of the people that I care for.
By: caringperson on July 6, 2011
at 10:30 am
Also as the parent of a child with profound disibilities I can assure you that if I even thought that my child was being abused or neglected by anyone, I would make sure it stopped. I have had to stand up for my childs rights on a regular basis. Their are always options for the present placement. Sometimes it requires a sacrifice on the part of the parent that are life changing. I know that the situation is very difficult. I am sorry for the loss of Michael. I am sorry that people do bad things to other people. But I know that they are the exception and not the norm. May God surround you with his loving arms and help you to find a place of healing in this difficult time.
By: caringperson on July 6, 2011
at 10:41 am
caringperson,
I have read, and re-read my statements, I do not see a SINGLE one that blaims the Lubbock State School.
I DID say that Donnell Smith BLAIMED the “rules” at the the Lubbock State School for his killing of Micheal.
That was his ENTIRE defence.
Like YOU, he didn’t think that they were “FAIR”, and he seemed to think that they were just “Made up” by the Administration at the Lubbock State School. It appears that he did NOT understand that those “HORRABLE RULES”, are actually State, and FEDERAL LAWS!
Laws that protect YOU TOO by the way!
What I DID say also, was that thousands of Texas State School employees go to work every day, and perform thier jobs. WITHOUT abusing and killing the people that they CHOSE to work for.
It is the prosecution, and CONVICTION of those who DO NOT, that must occur.
BUT, once again, you BLAIME the families for placing them in YOUR care? You ALL claim that “I would NEVER put MY loved one in a place like that!” WOW!
I guess, based upon your statements, that you do not WANT, or Like your job? I suggest that you file charges against the individual who holds a gun to your head, and FORCES you to drive out there everyday.
Micheal Nicholson DID live at home until he was 15 years old, I GREW UP with Micheal.
It was only when he began masturbating in the front yard, and became to large for my mother to deal with, and peering into neighbors windows at their coo coo clocks (Which facinated him), and when those neighbors started threatening to SHOOT him, that we HAD no alternative.
Micheal was NOT an unusual client at the state school, AND he was NOT the most aggressive client there EITHER. YOU know that.
Michael WAS on several drugs, and HAD taken everything under the sun, THAT is what caused his cauliflowered ears, and OCD issues to start with!
However, you have stated that you work at the Lubbock State School, and that you KNOW Michael, and are an expert about what drugs someone “should” be taking.
Please, tell us all…. what would YOU have done, given a “FREE hand”. EXACTLY what drugs, and how much of those drugs would you “prescribe”, and WHERE would YOU place him. Why didn’t you simply take him home with you?
By: David Nicholson on July 6, 2011
at 12:09 pm
Careing person,
Besides, you say that it was just an individual, there were FIVE individuals who saw the abuse occuring, and did NOTHING to stop it
Mr. Smith was FORCEING clothes on Michael, on a Saturday Morning, in his OWN HOME, and in his OWN bedroom, and at least TWO others were helping him, WHEN Michael died.
I’m sure that YOU are well aware that there was NO reason for him to even ASK Michael to get dressed.
He was NOT following the established protocol for ANY restraint method, he was “Body slamming” Mike on his bed, and the floor, he did so AT LEAST four differant times, and “laying on” him. That is what suffocated him.
Just TRY for a munite to IMAGE how that felt to Michael! He was STRUGGELING and, “making snoring sounds” according to Mr. Smiths OWN statement.
That was his & Jessica Santos’s statements, under oath, in court, on the witness stand.
ANY ONE of those employees could have stopped the abuse, and saved Michael’s life.
As you are well aware, SIX individuals were fired. So it wasn’t just “one bad egg” it was a whole shift on his dorm!
By: David Nicholson on July 6, 2011
at 12:32 pm
caringperson,
By the way, IF you have worked at the Lubbock State School for very long, then you are ALSO aware that.
One. Our Mother DID attempt to bring Micheal home for awhile, it proved impossible, AGAIN.
Two. Michael WAS placed in a community home, that was tried as well. He HAD to return to the LSS, when he kept getting away from staff, and running to the neighbors homes, and kicking, and banging on their doors. And once again, they were threatening his life.
SOOOO………
By: David Nicholson on July 6, 2011
at 1:55 pm
soooooo….why was he returned to a place that you claim abused him on a daily basis. It is nice that you are at least admitting that he had problems that were overwhelming. You can believe whatever you want about the facility. It does not change the fact that we do enrich the lives of the people we serve. No where did i state that I did not like my job. Only that it can be difficult. I am sorry that the outcome for your brother was not a good one. But I do know that for the people that we care for live the best possibile lives with the limitiations that were given them. Not all is good there but certainly not all is evil. I understand that you cannot see that thru your anger and grief. I truly am sorry for your pain.
By: caringperson on July 6, 2011
at 11:52 pm
“Caring person”,
No, MY opinions have nothing what-so-ever to do with my pain, anger or grief. And they have nothing to do with the Texas State Schools (In General). I think that most everybody understands how difficult that kind of job can be, specially ME.
What it DOES have to do with, is INDIVIDUALS like you… who claim to love thier job, yet claim that it is impossible to perform. That you truely believe you are some kind of saint, or martyr, doing the job out of the great, wonderful kindness of your heart.
You complain about being overworked, and underpaid, etc. You DO understand that almost EVERYBODY feels that way about thier jobs…. Right? MOST people just switch jobs, if they feel that they cannot do the job.
Police officers have many, many laws that they have to follow as well… So do nursing home employees, hospitals employees, Day care workers….Etc., EVEN electricians, beauticians, and barbers… have State, and Fedral laws they must follow. In fact it’s the SAME laws in most instances. Most all of them are overworked, and underpaid TOO.
You say “Go to Austin, and change things.” We HAVE changed things, why do you think those “Impossible” laws, (that you hate so much), even exist? And it was not only Austin, it was also Washington DC, ever hear of a little thing call the Department of Justice? Remember them?
People like you – who freely admit that abuse occurs, even in whole shifts of caretakers, but blame the FAMILIES for “Putting them in a place like that”. Saying “I would NEVER put MY family member in a place like that.” Why NOT, after all it is YOUR JOB to care for them… Right?
I PREY that you are never FORCED to make that decision.
If we all COULD do that, there would be NO Texas State Schools, and you would not have a job in the first place, Right?
Which way is it? You want it BOTH ways.
Just as any other job, YOU go home when you get off work because it is your JOB. That is the clients HOME, they LIVE there, you have CHOSEN a job working FOR THEM, in THIER home. That was YOUR choice. You can quit, and walk away at ANY time… THEY cannot.
BUT.. keep it up, because you are proving EXACTLY why the Texas State Schools might just be better closed.
By: David Nicholson on July 7, 2011
at 8:56 am
Careingperson,
In fact, I take back one statement.
I have always said that I would not wish our mothers situation on my WORST enemy, but maybe I have been wrong? Maybe there ARE some folks who need to be placed in the same exact situation?
Maybe that is required, so that thier eyes can be opened.
I will prey that God WILL place you in the exact same situation, to have a child exactly like Micheal, or so many of the thousands of individuals like him.
That God will help you to see the light. That God will “show you the way”, and “open your eyes”, to help you to truely understand how it feels, to make that decision.
That is not anger, or a preyer for retribution, only an honest preyer, that God will “show you the way”, through experience.
“Walk a mile” So to speak.
By: David Nicholson on July 7, 2011
at 10:01 am
bitterness only eats the soul….your comments are irrational and inaccurate. I never complained about the pay or even the job. I do state that it is difficult and any times impossible to follow the policies that have been implemented. And yes, many of those policies hurt the individuals that they are meant to help. Political correctness many times actually hinders helping people. You dont have to agree with me, and i am sure you will not. But I am entitled to my opinions as are you. i only find it more productive to express them without attacking other people……and for you information if you read my previous comments, I do have family members who have profound disabilities and have walked in your shoes. I just reached a different destination and continue the journey. I also never said that I agreed with the jerdict. Slow down, take a deep breath, and read.
By: caringperson on July 7, 2011
at 11:21 am
Oh contrare, I did read your previous statements, and you DID blame the families (NOTE: Plural) for placeing them in Lubbock or other Texas State Schools.
Also, having someone with “profound disabilities”, does NOT equate to them being the same as Michael Nicholson. If they were, I can assure you they could NOT live in any community, your home, or any other, read your OWN statements about Mike, should you doubt MY word.
Or maybe read MY OWN statements about Michael, and WHY he had to be placed in the LSS.
I suppose I must repeat myself (Again) EVERYTHING was tried for Michael; Every drug that you can POSSIBLY name, there IS no “magic pill” that will cure Profound Mental Retardation. He was placed in EVERY place imaginable, including Texas State Hospitals, Community Homes, and his own home.
The State School was the ONLY place for Mike, NOT my opinion, NOT my parents opinion, it was the opinion of EVERY single professional who ever dealt with him, over 40 years… except obviously YOUR’s.
It is your attitude, and opinion about the families (and NOT just mine) who are FORCED into that situation that I find offensive.
That is why I prey that God will open your eyes, so that you will not need to blame the families forced into that decision. I can guarantee you that NONE of them have arrived at that decision easily, OR just for “convenience” sake.
I cannot understand how ANYBODY can blame those families for the abuse, and deaths that occur in the Texas State Schools. As you do.
It is NOT bitterness, I became immune to the opinions of people like you about 47 years ago, I’m only preying that you and ohers with your opinions, who blame the families, will be shown the TRUTH about being FORCED into making that decision.
By: David Nicholson on July 7, 2011
at 3:26 pm
The fact that you actually work at a Texas State School, and hold the opinions that you do, is what is alarming.
However, as I stated before, it DOES point to what is wrong in the Texas State Schools, and why they will most likely be closed soon.
By: David Nicholson on July 7, 2011
at 4:38 pm
I just came upon this thread from looking up someone named Donnell Smith (this was not the one I was looking for). I read about the case and I can’t believe he got away with it. “Caringperson” only cares about “caringperson” – not the residents of the state home, not Michael. As his brother states, there was no need for Michael to get dressed. Apparently Donnell just felt like being the boss of him and needed to exert some control over somebody, and prove himself a big man – but he was so low, he had to lord it over a severely mentally disabled man. The whole thing is just sick. You can see from Donnell and “ha” that they definitely don’t hire the creme da le creme there. “Caringperson” does not address the fact that Michael should NOT have been forced to get dressed, nor should a staff member have sat on him, mocked him, or choked him to death with a towel. The other staff members should not have stood by and watched, and then lied about it. But “Caringperson” only wants to complain about how hard the staff has it – does that give them the right to abuse the residents!??? You are the one choosing to work there!
Donnell sounds like a psychopath who knows how to come up with what lazy people want to hear, instead of them having to take the right action, they can pretend to believe he’s honest. I’m not fooled by Donnell nor do I care about “Caringperson”s whining about being underappreciated. BOO HOO poor you!!! Get a new job if you don’t like it!! But Michael is dead!! An innocent man was killed because Donnell, hired to HELP the residents, chose not to control his temper and act professional in a job he “claimed” that he loved.
To Michael’s family, I am so sorry for your loss. This never should have happened. Donnell is the one who should be locked up (and sat on, choked and mocked – and then see how he likes it). He can dish it out, but can he take it?
As for “ha” – go back to pre-kindergarten where you belong. There are a lot of people looking for jobs, they do NOT have to hire from the bottom of the barrel such as you and Donnell. They need to hire people who actually have morals, ethics, professionalism and compassion. Not whiny losers who take out their anger and frustrations on the residents they are hired to take care of.
By: Tara on December 6, 2011
at 12:21 pm