DEACON JACK GARAY - 2 yo - (9/11) Palestine TX

Police want To know what started the sequence
of events that killed a two-year-old boy, which could potentially
include abuse. Neighbors in the Woodside Villages apartment
complex tell CBS 19 they're shocked by the idea that any kind of abuse
could have led to the boy's death.
"The untimely death of a child two years of age warranted further investigation," Palestine Police Sergeant James Muniz said.

Muniz emphasized Thursday that no one is a
suspect in the toddler's death. The boy's STEP-father called EMS from his
apartment on September 1, saying his STEP-son was having a seizure.
Paramedics took the boy to Palestine Regional Medical Center.

"Later that afternoon it was reported that the child had other injuries and an investigation was started," Muniz said.

Those injuries included bruising and bleeding
inside his brain, so doctors decided to send the boy to Children's
Medical Center in Dallas. A week later he was dead.

"Everybody slips and falls," the family's
former next-door neighbor Bendrick Moye said. "I truly don't believe he
did anything to that child."

Moye said the boy's father feels like a suspect, despite the police department's official statements saying it has none.

"He was crying tears in his eyes and told me
what had happened. You know how CPS is. Once they have their hands on
you they take it all," Moye said, referring to Child Protective
Services' seizure of a six-year-old and a seven-year-old from the
father's custody. "They don't hear anything else."

He can't believe the seemingly caring father next door could be a killer.

"My kids, he picks them up and walks with
them, talks with them and plays with them. When they see him they run up
to him." Moye said.

"We're waiting for a final report from the
medical examiner's office to see which direction our case is going to
proceed," Muniz said.

The mother in this case gave birth to another baby earlier this week. CPS has already taken that child out of her custody.

Palestine Police say they expect the results
from the autopsy soon. They say the results will help them determine
whether charges will be filed.
http://www.cbs19.tv/story/15636666/palestine-toddlers-death-under-investigation

The Palestine Herald, Palestine, Texas


September 15, 2012
Man indicted for capital murder



By PAUL STONE

Palestine Herald-Press


PALESTINE —
A 28-year-old Palestine man has been indicted by an Anderson County
grand jury for capital murder in connection with the death of his
toddler stepson last fall.

Billy Wayne Hasel, 28, of Palestine was indicted Thursday by the grand
jury on the felony charges of capital murder, murder and injury to a
child.

Hasel was arrested Friday morning by local authorities and booked into the Anderson County Jail.

As of late Friday afternoon, records showed that Hasel remained in the
jail in lieu of bonds totaling $3 million set by 369th State District
Judge Bascom W. Bentley III.

Hasel is accused in the death of 2-year-old Deacon Jack Garay who died
last September, a few days after being first taken to a local hospital
with a severe head injury.

Elizabeth Watkins, assistant district attorney for Anderson County,
presented the case to the grand jury Thursday and is expected to
represent the state during its proceedings against Hasel.

Around 4 a.m. on Sept. 1, 2011, Emergency Medical Services responded to
an apartment complex on Martin Luther King Boulevard after Hasel called
them, saying the child was unresponsive, according to Watkins.

Garay was first taken to Palestine Regional Medical Center and later
life-flighted to Children’s Medical Center in Dallas where he died a few
days later after being removed from life support.

“He never regained consciousness,” the assistant district attorney said.

Watkins said a specialist with Children’s Medical Center concluded that
the toddler “suffered a massive head injury inconsistent with the
statements given at the time by family members.”

According to the indictment, Hasel caused his stepson’s death by
“causing blunt force trauma by the defendant’s hands, feet, an object or
in a manner and means unknown to the grand jury.”

Hasel, the deceased boy’s stepfather, lived at the residence with his
wife, who was the toddler’s biological mother, and two other boys ages 6
and 7, also the children of the accused man’s wife.

Those boys have since been removed from the home and placed with other family members, according to Watkins.

In capital murder cases, the state has the option of seeking the death
penalty or a capital life sentence which does not provide for the
possibility of parole.

Late Friday afternoon, Watkins said it was premature to say whether the
Anderson County district attorney’s office would ultimately seek the
death penalty in the case.

Hasel also has a pending case in the Anderson County district
attorney’s office for aggravated assault with a deadly weapon. In that
case, Hasel allegedly threatened to assault a female neighbor with brass
knuckles, according to Watkins.

http://palestineherald.com/local/x1059021172/Man-indicted-for-capital-murder/print

Another POS mother. Another POS stepfather. Another dead baby.

Why wasn't the mother arrested and charged also?

All I'm seeing here is that the toddler had "bruising and bleeding inside his brain"; I'd like to see a more detailed description of the injuries. The grand jury's either, this or that, or....is quite vague and does not denote any injury that the mother, who has lost her baby, might have known about. Not sure about the violent tendency with the alleged threat against a neighbor woman, but the other neighbor seems to have high regards for the parenting ability of the 'father'.

Here is link with some photos. What a beautiful little guy.

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=97120003

"Later that afternoon it was reported that the child had other injuries and an investigation was started," Muniz said

I think the neighbor was referring to the father. He is the one who called 911 and felt like he was being looked at as a suspect initially.

The man indicted and arrested was the stepfather.

"Around 4 a.m. on Sept. 1, 2011, Emergency Medical Services responded to
an apartment complex on Martin Luther King Boulevard after Hasel called
them, saying the child was unresponsive, according to Watkins."

I think it was the step-father he was talking about because Hasel is the one who called EMR. Such a tragedy, especially if it really is murder. How I'd love to believe this sweet child just fell off the swings or something.

Thanks Ladibug.

You're right. Sorry. I was going by the first article.

We did hear from the grandfather, I assume the real father's father, who was upset that the article said it was the father.

Thanks for clearing that up.

I still think the mother knew the man was abusive, they almost always know.

Yes, I would like to think it was an accident but prior injuries dispel that theory. This is so sad. So many people would love to adopt beautiful little babies like this yet so many are abused and/or murdered.

What a beautiful baby boy. Deacon Jack Garay.
Thanks Twink for finding and correcting this story. It sounded like his Father was the one responsible and I had heard from both of the Grandparents wanting this cleared up. Here is another story:
http://www.americanownews.com/story/19549363/3m-bond-for-etx-man-in-death-of-2-year-old-step-son

Such a beautiful baby boy. How sad that his life was cut short by a monster.

Prayers and heartfelt condolences to the grandparents.

Palestine man found guilty of Capital Murder

PALESTINE, April 1, 2014— An Anderson County jury has found a Palestine man guilty of Capital Murder, according to Anderson County Criminal District Attorney Doug Lowe.

The jury returned the guilty verdict on Monday night, at approximately 7:30 p.m., after a week-long trial in the case of 29 year-old Billy Wayne Hasel. Hasel was accused of the murder of his 27 month-old step-child which occurred in September, of 2011.

On September 1, 2011, Hasel called emergency services and reported the child had fallen down the stairs. The child was taken to a local hospital and then transferred to Children’s Medical Center in Dallas, where he died as a result of massive head trauma on September 8.

The prosecution did not seek the death penalty in the case, so Hasel will spend his life in prison with no chance of parole.

http://youreasttexas.com/news/palestine-man-found-guilty-of-capital-murder

 

I just received a pm from Deacon's grandmother. Billy Hasel (stepfather) was sentenced to life w/o parole.

I hope the family can find some comfort now.

It won't bring the baby back. I'm so sorry.  

Thank you, Twinkle.

To Deacon's family, and most especially to his grandmother,

I am so sorry for your loss, the loss of such a precious life. No words can ease your pain, but in the silence of your sorrow, please know people care and will remember Deacon, always.

I'm glad the justice system came through for Deacon.

Love to you,

Melissa

mermaid55 wrote: 

I just received a pm from Deacon's grandmother. Billy Hasel (stepfather) was sentenced to life w/o parole.

I hope the family can find some comfort now.

It won't bring the baby back. I'm so sorry.  

Thanks mermaid, peace and prayers to the family.   

    

From Guest To mermaid55, Today at 3:00 pm

hi i do want people to know his organs were donated. there were 4 recipients. we have met the heart recipient she beautiful and healthy now. shes a real joy. deacons grandma.

poster's note:This is wonderful! We would love for you to join our forum. Share pictures and stories about Deacon.

mermaid

To Deacon's grandma, Martha Garay:

Thank you for letting us know about the organ donations.  It must warm your heart to know that a part of him lives on and he helped save lives and improved the quality of lives of others. 

This was a noble gesture, one more people should make.

Sign in and scroll down to "Adjudicated".  Click on that and find Deacon Jack Garay.  Just click on and you will be here.

Or, click on this link to bring you here:

http://www.justice4caylee.org/t16749p15-deacon-jack-garay-2-yo-9-11-palestine-tx

I don't have a Facebook account either.

Thanks to all of you who have cared and been there waiting for justice with us .. The  Garay family  

7 Investigates: Palestine child dies from abuse days after CPS closes investigation
Posted: Apr 28, 2014 9:39 PM CDT
Updated: Apr 29, 2014 9:58 AM CDT
By Melanie Torre - bio | email

Video at link
PALESTINE, TX (KLTV) - An East Texas child died from abuse at the hands of his step-father, and the child's grandparents say Child Protective Services had the opportunity to stop it.

Deacon Garay, of Palestine, died on September 7, 2011. He was two years old.

Deacon's stepfather, Billy Hasel, originally told Anderson County investigators that the injuries that caused Deacon's death were the result of Deacon falling down the stairs. However, on March 31, 2014, Hasel was convicted of Deacon's capital murder and sentenced to life in prison without the possibility of parole.

Deacon's grandparents say they've kept quiet for years because the most important thing to them, was making sure that Hasel went to prison and could never hurt any of their grandchildren again. Now that that's happened, they're talking about one painful fact--- a CPS caseworker was told numerous times that Hasel was abusing Deacon. However, the case was closed and Deacon was left in Billy's care. About a week later, Deacon was dead.

"That's [Deacon's brother] holding him when he was born," Martha Garay, Deacon's grandmother explains, as she looks at a photo of her grandsons. "I call that falling in love. He was in love with that baby from the minute he was born," she says.

Deacon's grandparents, Martha and Gilbert Garay, say Deacon was a happy child who was dearly loved by his big brothers.

"If they could have wrapped themselves around him to protect him, they would have done it," Martha says.

Now, nearly three years after Deacon's death, the Garays are speaking out about their belief that Deacon's death could have been prevented.

"It was probably 7 or 8 weeks earlier that we'd reported to CPS about Deacon and his brother saying that Billy had hit him, and he had a fist mark on the side of his head," explains Gilbert Garay.

CPS opened an investigation into the alleged abuse.  A CPS caseworker spent about six weeks interviewing the children, their doctors and other family members before closing the investigation and determining that CPS services were not needed.

However, the case files tell a different story. According to documentation, the very first time a CPS worker spoke with Deacon, Deacon said "someone hit him" leaving bumps and scrapes on his head. The case worker went on to write, "I could not understand the name that he said other than it started with a "B". That same day, Deacon's 8-year-old brother told the case worker, "Billy has hit deacon before."

"After the first investigation, they put them back in the apartment with Billy," recalls Gilbert Garay.

In the CPS worker's next interview with the children he documented, "I asked [Deacon] what hurt his head, and he said a word that sounded like 'bully.' Deacon said other words that I was unable to understand."

More documentation showed that Deacon's maternal grandfather explained to the caseworker that "bully" is Deacon's way of saying "Billy" and that Deacon's brother told the caseworker, "Deacon is scared of Billy."

"The whole family wants things changed where investigators listen to children... take what they're saying a little more to heart," says Gilbert Garay.

CPS records show Deacon's two bothers did not have any bruising or signs of neglect and their mother did not believe that Billy was hitting Deacon.

"We received a letter that he saw no signs of abuse or neglect," explains Martha Garay.    

Before the case was closed, the CPS worker documented that Deacon's mother was "afraid of [Billy]" and would "cover for him in anything he does, even against the interests of the children." Deacon, his brothers, their mother and Billy lived together at a Palestine apartment complex for a matter of weeks.

"They were removed from the house for two weeks and put back in. So --in total-- a month and a half and Deacon was dead," explains Martha.

Deacon's death did give life to four other people. That life is a gift that has helped the Garays find some peace. They say a two-year-old got Deacon's lungs, a one-year-old got part of his liver and a little girl named Leah Grace got his heart.

The Garays say their hearts will always be broken for their grandson and his brothers who endured so much while they were still so young.

"It's something that's going to linger on -- for as far as I can see --  the rest of everybody's lives. It's just.. the thought is... that down the road somebody could be saved if more things were paid attention to," explains Gilbert Garay.

"It seems to me like they listen to the adults who do have something to hide and they're not listening to the children," says Martha Garay.

"We'll always miss him," she adds.

CPS says there were a few reasons for handling the case the way the did. Monday evening they released this statement:

"Anytime a child is lost to abuse or neglect we are all hurt and saddened. Wondering what more could we have done…..CPS received one intake on this case on 6/30/2011 prior to the child's death.  Medical professionals could not state how the child received the injury and indicated it could have been accidental. The mental health issues of the perpetrator were well addressed during the investigation and cps made sure mental health resources were sought out and completed. Without clear medical statements of how the injuries happened and no charges brought forth by law enforcement the case was closed.

This case was thoroughly reviewed after the child death occurred. After review, the department concluded photographs should have been taken of the injuries and prior medical records should have been obtained. This may have alerted the caseworker to a pattern of unusual injures to the child. Training to caseworkers in the field has since occurred to make sure photographs are taken and obtained from all sources and that all medical documentation is requested and reviewed.

The caseworker assigned to this case is no longer working for the department. They resigned in 2012.

The caseworker assigned to Deacon's case worked for CPS for less than two years. He went on medical leave soon after closing Deacon's case and then resigned. No disciplinary action was ever taken against the caseworker, though it could have been had he remained with the department.

http://www.kltv.com/story/25373135/7-investigates-palestine-child-dies-from-abuse-days-after-cps-closes-investigation

I used to work in a convenience store where Deacons grandparents would bring them in and get them treats and stuff. Deacon was such a little sweetheart and it broke my heart to hear of what happened to him.

RIP sweet Deacon.

The murderous pig is sitting in a unit in Huntsville at the moment, if they happen to send him back to East Texas units, I have friends working in all and they are waiting for him to make the rest of his life miserable assuming the inmates don't get to him first.

The mother is working in a local store here, I will not visit there anymore. She knew what was going and refused to do anything about it. Makes me sick.

The mother almost always knows.  These POS mothers put their p e n i s ahead of their children, their babies.  I don't understand why more of them aren't arrested and charged.