AMARILLO AUTO ACCIDENT ATTORNEY
OFFERS FREE CONSULTATIONS: 806-374-4024

Amarillo Auto Accident Attorney, Jesse Quackenbush of Quackenbush Law Firm has already achieved a 2017 wrongful death settlement for one family guaranteeing them a $3.2 million dollar net recovery AFTER attorney fees and expenses. The case involved a Fortune Global 500 Corporation who’s undertrained employees caused an 18 wheeler accident and horrific explosion. According to Quackenbush, the multi-national corporation agreed to settle with his clients without the need for protracted litigation because he was prepared to fight. Clients at Quackenbush Law Firm routinely enjoy prompt settlements worth million of dollars because of the firm’s reputation for fighting harder than most other attorneys. According to Quackenbush, at his firm “winning IS everything!”


Amarillo Auto Accident Attorney, Jesse Quackenbush started his career in 1988 taking Auto Accident Wrongful Death cases to jury trials. He didn’t settle cheap and the other side learned quickly that they could “pay now” or “pay later” but they would “pay full damages.” According to Quackenbush, many personal injury attorneys are sell-out artists and refuse to do the hard work necessary to obtain large verdicts and settlements. They refuse to spend their own money on experts like engineers, accident reconstructionists, economists, life care planners and pathologists. In most wrongful death cases, in Quackenbush’s opinion, it’s legal malpractice for an attorney not to hire experts such as these.


Anyone who has ever watched Quackenbush in trial will agree that nobody fights harder for their clients. It’s that reputation that puts Quackenbush Law Firm far ahead of the rest. Any attorney can put an ad in the Yellowpages or on Google, but it takes a real fighter to win hundreds of jury trials, like Quackenbush has done over the last 29 years.


When Quackenbush Law Firm gets a call from a potential client who is in need of an Amarillo Auto Accident Attorney, our legal team moves into action immediately. Our in-house investigator starts off by going to the scene to photograph the evidence. He then photographs all physical injuries and property damage. Finally, he takes witness statements from any witnesses to the accident. If necessary, our accident reconstruction team is called in to measure and analyze all aspect of the scene. Typically, these experts charge our firm $5,000.00 for their initial report. Next, we make sure our clients are receiving reasonable and necessary medical care. At Quackenbush Law Firm we have a network of healthcare providers who we work with on a daily basis and are ready to help you. Many times, attorneys simply leave their clients hanging with no direction or assistance finding healthcare. If the client has no money or health insurance he/she ends up suffering and his/her claim suffers as well. Insurance companies routinely deny claims if the accident victim has not treated promptly after an accident. Some of the specialists we send our clients to are: orthopedic surgeons; neurosurgeons; neurologists; chiropractors; physical therapists; life care planners; pain management specialists; MRI & CT scan radiologists; and plastic surgeons. In many cases, your own auto insurance PIP coverage will pay for some of this medical care, and we immediately apply for these benefits for you.

If you or a family member have been seriously injured in an auto accident, you need an aggressive, intelligent attorney who is not afraid to take on whomever is responsible as well as their greedy insurance company. We justify our fees the old fashion way -- by earning it. Amarillo Auto Accident Attorney Offers Free Consultations. 806-374-4024


AMARILLO’S BEST AUTO ACCIDENT ATTORNEYS:
FREE CONSULTATIONS (806) 374-4024

Automobile accidents happen every single day in Amarillo, Texas.  Injury and death rates exceed many other areas of the State because of Amarillo’s semi-truck and heavy commercial vehicle traffic.  Congestion on Amarillo’s Farm to Market and interstate highways from the oil and gas industry, farm and ranch industry and cross-country motorists all increase the risk of dangerous auto accidents.  If you have been injured or a family member has been killed in an Amarillo automobile accident you need an experienced attorney to help your family get paid damages for: lost wages; survivor benefits; funeral expenses; medical bills; pain and suffering damages; mental anguish damages; physical impairment damages; disfigurement damages; uninsured motorist benefits; and workers compensation benefits.  Our Amarillo automobile accident attorneys can help you get what you deserve.  Let us help your family through hard times.  Call us now for a free consultation.  (806) 374-4024 



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Big Rig Accident Attorney

AMARILLO’S BEST BIG-RIG SEMI-TRUCK DISTRACTED DRIVER ACCIDENT ATTORNEYS: FREE CONSULTATIONS (806) 374-4024

Mobile device distraction has become the number one cause of deadly Big-Rig Semi-Truck accidents.  An ABC News-Odessa Investigative Report provided shocking video proof of Big-Rig Semi-Truck operators using cellphones while driving on busy Texas highways.  The report verifies that Big-Rig Semi-Truck drivers mobile device usage is rampant and at epidemic levels.  Any vehicle operator using a mobile device while driving is dangerous, but when Big-Rig Semi-Truck drivers become distracted the consequences usually result in deaths.  To make matters worse, the Big-Rig Semi-Truck distracted driver’s employers are doing absolutely nothing to stop this epidemic which they are creating.  Texas and New Mexico DPS have only a limited number of officers patrolling who are trained to investigate Big-Rig Semi-Truck operators.  Another problem is the height of the Big-Rig Semi-Trucks.  DPS troopers complain that they simply cannot see into the Big-Rig Semi-Trucks to detect mobile device use.  Amarillo’s Best Big-Rig Semi-Truck Distracted Driver Attorneys have the experience and training to protect your rights.  If you have been victimized by a Texas or New Mexico Big-Rig Semi-Truck distracted driver, call us now for a free consultation:  (806) 374-4024.


AMARILLO PERSONAL INJURY ATTORNEY: REPRESENTING PARENTS
AFTER THE ACCIDENTAL DEATH OF A CHILD

Amarillo Personal Injury Attorney, Jesse Quackenbush of Quackenbush Law Firm has been representing personal injury and wrongful death accident victims for nearly 30 years. Many times his clients are the family members of accident victims who were killed by the negligent conduct of another person or corporation. According to Quackenbush, the most devastating wrongful death cases, from an emotional standpoint, involve the death of a child. “As a father of five, I can appreciate the magnitude of the loss and counsel parents, not as an attorney, but as a man who knows how deep a parent’s love is for their child.” In these special type cases, Quackenbush knows from decades of experience that the grief is different than when someone loses a sibling, parent or spouse. As adults, we all learn to accept the inevitable nature of life and that with time we all die. However, when a parent unexpectedly loses a child, the natural, temporal equilibrium of “life” is broken. The parent who is left behind has little or no defense to the overwhelming grief and damage done to the bond between parent and child. For these reasons, Quackenbush counsels first and litigates second. He makes sure the parents understand that the litigation process is sometimes long and tedious. Every time the parents are needed for legal purposes, it’s like ripping a scab from a partially healed wound. “They need to know that the process will cause pain before agreeing to go forward.” According to Quackenbush, to hide this fact from the grieving parents is unethical and morally wrong. Some parents decide against facing that type of enduring pain and torment and simply move on. Others feel compelled to go forward with litigation because of a sense of commitment to their child and look forward to achieving knowledge that perhaps the process may result in saving another child from the same consequence. Other parents feel compelled to make the negligent person or company stand responsible for the consequences of their actions. If the parents decide to litigate, Quackenbush promises to proceed with diligence to assure no time is wasted. Why? Because he knows that the grieving process will never end until the litigation is over. If you have suffered the loss of a child because of another’s negligence, you need to pick your attorney carefully.

For many parents who are suffering the loss of a child, they are experiencing the death process for the first time. Many parents are young enough and lucky enough to still have parents and grandparents still living. Facing a death for the first time, young parents are easily overwhelmed with emotion. It’s important they obtain grief counseling immediately, if not from a professional counselor then from readily available books at local bookstores or online. When young parents learn of the five “stages of grief,” they begin the process of healing. They begin to feel what is written and trust they will survive emotionally, psychologically and physically. The five stages: denial; anger; bargaining; depression; and acceptance — once learned and understood, give young parents the tools to survive. Many times, our staff is asked to help out by actually going to the hospital to be with the family when the loved one is about to pass on. We are honored to be a part of the family’s emotional journey and do this without hesitation. When asked, we also assist with autopsy, funeral, and burial arrangements, both logistically and financially. Very few law firms are willing to assist in such a way. At Quackenbush Law Firm, we feel this type of assistance is a part of our “counselor” duties as attorneys. We have never regretted serving our clients this way, and our clients are always appreciative. In fact, these efforts assist with building a “trust bond” with our clients.

Although it is very important that your family act quickly to preserve evidence and protect their rights, deciding which law firm to hire should not be done without caution. Many attorneys in Amarillo advertise that they handle wrongful death cases, but the truth is that only a handful do this type of work on a regular basis. Even worse, some of the most prominent TV attorneys professing to be “Strong Arms” and “Heavy Hitters” have virtually no trial experience whatsoever. They sign-up complex wrongful death cases without disclosing their inexperience to their clients. This is ethically compromised behavior and as a consumer its your job to do your own research. Before signing a contract with the prospective attorney ask him/her the following questions:

a) Do you have malpractice insurance?
b) How may wrongful death cases do you presently handle per year, not including cases you refer to other attorneys?
c) When was the last time you tried a wrongful death case to a jury, by yourself or as first chair?
d) Have you ever obtained a million dollar verdict from a jury? (Not a settlement – a jury verdict)
e) Could you provide a list of satisfied clients who also suffered wrongful death of a family member?

If the Attorney refuses or hesitates to answer any of these questions, you should run fast and call another attorney. Finally, do not be persuaded by attorney ranking lists like Avvo, Best Lawyers or Top Lawyers, as these rankings are sometimes based, on how much a lawyer is willing to pay their organization. Similarly, board certifications and membership with certain Trial Lawyer organizations do not guarantee the attorney is even an actual “Trial Lawyer.” Don’t be fooled. If you have lost a loved one because of the negligence of another person or company, Amarillo Personal Injury Attorney, Jesse Quackenbush Offers Free Consultations. 806-374-4024.

AMARILLO’S BEST MEDICAL MALPRACTICE ATTORNEY
OFFERS FREE CONSULTATIONS: 806-374-4024

Amarillo Medical Malpractice Attorney, Jesse Quackenbush of Quackenbush Law Firm has already obtained a 2017 seven-figure settlement on behalf of a family who’s loved one was killed by a medication error at a Texas hospital. According to Quackenbush, a hospital nurse negligently administered heparin and eliquis simultaneously, causing a brain bleed and death. The hospital agreed to settle with the victim’s family without the need for prolonged litigation. Amarillo Medical Malpractice Attorney, Jesse Quackenbush fights medical malpractice cases every day and he fights to win! Our clients routinely achieve million dollar settlements without protracted litigation. For the last two decades, Texas medical malpractice victim’s have suffered from the effects of tort reform laws designed to eliminate their rights. The first laws passed set up stringent pre-suit notification rules which could eliminate a victim’s right to a jury trial by simply failing to send the negligent doctor, nurse or hospital “notice” of their errors by certified mail. Shortly after, the Texas Legislature passed laws requiring that very technical expert reports be provided to the negligent doctor, nurse or hospital. Again, failure to provide an expert report, even before meaningful discovery is allowed, will result in dismissal of even a valid lawsuit forever. More recently, Texas laws placed caps on non-economic damages of $250,000.00. Amarillo Medical Malpractice Attorney, Jesse Quackenbush at Quackenbush Law Firm knows how to beat the “rigged system” and obtain significant above-cap relief for his clients every single year. Don’t let the negligent hospital, doctor or nurse get away with their harmful conduct.

Amarillo Medical Malpractice Attorney, Jesse Quackenbush of Quackenbush Law Firm has learned from experience most of the tricks healthcare providers use to try to thwart medical malpractice claims. First, if you were injured in a hospital the Risk Management Department will (almost always) send a representative to your bedside to apologize and offer to pay for any future medical care caused by their errors. Don’t fall for this clever trick. Accepting even minimal amounts of care could be considered a settlement and prevent future claims for other damages such as: pain & suffering; mental anguish; lost wages; disfigurement; occupational therapy; increased insurance costs; precluded insurance coverage; physical impairment; and psychological or rehabilitation care. A second trick involves wrongful deaths caused by a healthcare provider. The doctor or hospital administrator will attempt to talk you out of having an autopsy performed. Their favorite method is to convince loved ones that the Death Certificate will be enough to show the real cause of death. This is 100% wrong! Most Death Certificates are nothing more than a guess by a local JP and are not admisable as evidence in Texas. A third trick designed to persuade family members away from an autopsy is by telling the family it will cost them “thousands” of dollars. This too is false. If the treating doctor requests the autopsy, it costs the family absolutely nothing. Don’t Be Fooled! Without an autopsy, proving cause of death is nearly impossible. At Quackenbush Law Firm we customarily pay for the autopsy if it appears the case has merit. That is why it is critical that you contact Amarillo Medical Malpractice Attorney, Jesse Quackenbush immediately for a Free Consultation. 806-374-4024.

Amarillo Medical Malpractice Attorney, Jesse Quackenbush of Quackenbush Law Firm offers representation for the following types of cases: medication errors; hospital burns; nursing IV infiltration negligence; surgical errors; negligent gallbladder surgery; birth injuries; infection from equipment; retained sponges; retained equipment; failure to diagnose cancer; failure to diagnose heart attack; failure to diagnose or treat PE; nursing negligence; negligent appendectomy; VA hospital claims; elder abuse; nursing home negligence; dropped patients; failure to consult with specialists; defective drugs; compounding pharmacy errors; defective medical devices; Eliquis; Pradaxa; Prilosec; Nexium; Talc Powder – Ovarian Cancer; injuries to children; labor & delivery negligence; negligent medication administration; surgical damage to organs; midwife negligence; brain damaged babies with cerebral palsy.

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Medication Errors


Hospital Medication Errors:


Simply stated, in order for medication to work, it has to be administered properly. When Amarillo patients do not get the medications they need, or if it is dispensed improperly, they do not get the benefits of that medication. This can lead to catastrophic injuries or even death. If you or a loved one has been injured due to the failure to administer proper amounts of medication in Texas, New York or New Mexico, you may have a claim for medical malpractice. In these situations, it is critical to work with our Amarillo medication error attorney who understands the many different legal issues involved in these types of cases.

For decades, people throughout Amarillo have called on our medication error attorney at Quackenbush Law Firm. We know how to assist our clients to overcome the various obstacles that may stand in the way of full compensation. Medication errors can take on many forms, including:

The failure to distribute the proper dosage of medication. Too much of a medication can lead to terrible consequences. Too little will fail to treat the underlying condition.
Dispensing the wrong medication or medication at the wrong strength
Dispensing the medication incorrectly (i.e. using the wrong method to distribute the medication)

Our Amarillo medication error attorney will closely review the medical documentation at hand and work with established medical experts who can show us when a doctor or hospital staff deviated from the appropriate standard of care. At the same time we are proving your case, our New York and New Mexico medication error attorney will also compile evidence of damages. You and your family has the right to receive compensation for medical expenses, lost income, pain and suffering and mental anguish.

Once we have established both liability and damages, we will make a demand for your damages. If the opposition's insurance company is unwilling to treat you fairly, we will be ready to take your case before a judge and jury.

Call our Amarillo medication error attorney at 806-374-4024 or chat online to set up a free, confidential case evaluation.




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700 Deaths Medical Mal Practice


ALTA VISTA REGIONAL HOSPITAL: A MEDICAL MALPRACTICE DEATH TRAP IN LAS VEGAS, NEW MEXICO: FREE CONSULTATIONS (806) 374-4024

New Mexico’s Best Medical Malpractice Attorneys can help if you or a member of your family have been victimized by Alta Vista Regional Hospital’s medical negligence.

Alta Vista Regional Hospital has been understaffed with incompetent OB providers for years, and babies are being killed by their negligence.  Negligent OB nurses, unsupervised midwives, lazy doctors, and cutting corners on financial support have all caused Alta Vista Regional Hospital to be labeled by Las Vegas, New Mexico residents as a “death trap” and “hasta la vista hospital” because of a patient’s chances of dying from negligent care.  If you or a family member have been victimized by negligent Alta Vista Regional Hospital staff our New Mexico Medical Malpractice Attorneys can help you recover the damages you deserve for: lost income; medical bills; disfigurement; physical impairment; mental anguish; pain and suffering; funeral bills; burial expenses; and survivor benefits.  Mr. Quackenbush’s cellphone number is (505) 301-9888.

Amarillo Medical Malpractice Attorney Jesse Quackenbush call now for a free consultation 806-374-4024.



AMARILLO’S BEST PERSONAL INJURY TRIAL LAWYERS:
FREE CONSULTATIONS (806) 374-4024

Don’t hire the wrong lawyer by mistake!  Amarillo personal injury attorneys at Quackenbush Law Firm have been serving clients throughout Texas and New Mexico for over 28 years and know how to force insurance companies to pay you money you deserve for: lost wages; rental cars; medical bills; pain and suffering damages; mental anguish damages; physical impairment damages; funeral expenses; survivor benefits; worker compensation benefits; disfigurement damages; and property damages.  According to the State Bar of Texas, it’s important that you find out the experience level of the attorney you are hiring.  Some attorneys in Amarillo advertise that they are “Heavy Hitters” or “Strong Arms” and, the truth is --- they have very limited courtroom experience.  Before setting an appointment with an Amarillo personal injury attorney, it’s important that you ask that attorney the following questions:


1. When was your last jury trial?

2.  What were the results of your last 5 jury trials?

3.  How many jury trials have you “first chaired” in your career?

4.  If you are not taking cases to trial regularly, how well will you preform for me if you have to take my case before a jury?

5.  Could your lack of trial experience possibly affect the outcome of my case?

6.  Is it possible the insurance company will pay less money to me because of your jury trial inexperience?


If the “Heavy Hitting” or “Strong Armed” lawyer refuses to answer these simple questions, you should take the time to look for another lawyer.  It’s your case --- don’t make a mistake!


Trial attorneys at Quackenbush Law Firm have tried over 450 cases to juries throughout Texas and New Mexico, and usually obtain fantastic results.  Although we can never guarantee the results of any particular case, we are confident in our proven trial experience.  Every case presents different facts, but the process of trial is always the same.  In order for any attorney to win at trial, he/she most know the process well.  At Quackenbush Law Firm we are not afraid to fight for your rights and take your case all the way to a jury, if necessary.  Call us now for your free consultation.  (806) 374-4024

Texas Bar Article: Honesty Is The Best Policy




BEST AMARILLO MEDICAL MALPRACTICE ATTORNEY: 
FREE CONSULTATIONS (806) 374-4024

In America, surgical negligence by doctors and hospital nurses is at an all-time high.  Every day hundreds of surgical patients are victimized by negligent doctors and nurses who forget to remove surgical instruments from the bodies of their patients.  It’s almost unbelievable!  Sponges, scalpels, scissors, gloves, sutures and even saws are routinely left behind.  Many times, the negligence remains undetected for months or even years, causing never-ending infections, pain, swelling, chronic fatigue and even organ failure.  To make matters worse, the negligent doctors and hospital nurses have no obligation to disclose their negligence to you.  This should be classified as criminal conduct, but it’s not.  If you or a family member has been victimized by negligent doctors or nurses and suffered the consequences of a retained sponge, suture, scalpel, glove, scissors, or other surgical instrument, you have an OPEN AND SHUT MEDICAL MALPRACTICE CASE and you are owed significant money damages for: lost wages; pain and suffering; mental anguish; disfigurment; physical impairment; past and future medical charges; and loss of enjoyment of life.  You must act quickly to preserve evidence and file your lawsuit before the expiration of the applicable statute of limitations.  Amarillo’s Best Retained Instrument Medical Malpractice Attorneys can help you.   

Top Amarillo Medical Malpractice Lawyer Jesse Quackenbush free consultations: (806) 374-4024.





AMARILLO’S BEST OIL FIELD ACCIDENT ATTORNEYS:
FREE CONSULTATION (806) 374-4024

Every day accidents occur in the Oil Patch which result in serious injuries and death.  Semi-truck accidents, explosions, falling objects, unsafe working conditions, OSHA violations, heavy equipment accidents --- all cause serious injuries and death.  Our oil field accident injury and death attorneys practice throughout Texas --- Abilene, Amarillo, Houston, Odessa, Midland, El Paso, Borger, Pampa, and southern New Mexico.  We respond to calls immediately by sending our oil field accident reconstruction experts to the accident site to preserve evidence and figure out what happened.  Let us help your family.  Call now for a free consultation.  (806)374-4024





TRACTOR-TRAILER ACCIDENTS:

Amarillo, Texas is one of the busiest trucking crossroads in America. Local oil & gas, cattle ranching and agricultural markets have chocked I-40 and I-27 with big-rigs. Narrow Farm-To-Market roads are the most treacherous in the United States. The result has been an increase in catastrophic accidents caused by fatigued drivers, typically working too many hours, in violation of federal laws. If your family has experienced a tragedy at the hands of the trucking industry, you need an Amarillo Tractor-Trailer Accident Attorney who knows how to fight hard for your family's rights. We have been litigating tractor-trailer accident cases for 26 years and know the tricks commonly used by trucking companies: hiding evidence; destroying black box data; altering time logs. After a tractor-trailer accident, the faulty driver's employer always sends an army of investigators to the scene to gather evidence. The problem is that they rarely preserve this evidence if it hurts their case. It's very important that you hire an experienced Amarillo Tractor-Trailer Accident Attorney and begin protecting your family's rights.


DRUNK-DRIVER ACCIDENTS:

Tragedies caused by drunk-drivers are on the rise. If a member of your family has been killed by a drunk-driver, your family needs help from an Amarillo DWI Accident Attorney and a team of experts to gather and preserve evidence. In every DWI fatality case our Amarillo DWI Accident Attorney hires a team of experts within hours of our acceptance of your case. Toxicologists, Accident Reconstructionists, Alcohol Service & Hospitality Industry Standards Experts and Economists make up most of our DWI fatality accident teams. Not all Amarillo DWI Accident Attorneys aggressively litigate like we do. We understand that police agencies are not always reliable when it comes to gathering and preserving evidence. For instance, in most criminal DWI cases the prosecutor assigned will not be concerned about proof of where the alcohol was served to the drunk-driver. It is critical that your Amarillo DWI Accident Attorney discover this information immediately through investigations. Why? Most insured bars and restaurants have security video that erase after 15-30 days. This evidence will be the best proof of the drunk-drivers demeanor prior to the accident. Black box data must be preserved by your Amarillo DWI-Accident Attorney. Witnesses need to be located and statements taken. Wrongful deaths caused by the overservice of alcohol to drunk drivers is happening everyday at many bars and restaurants in Amarillo. Why? Greed! Responsible alcohol service means lower profits. Don't remain silent on this issue! By pursuing your claim you may actually change attitudes or save a life. Our Amarillo DWI Accident Attorney understands your misery and all of the uncertainties you are attempting to confront. Let us help your family through this tragedy.


XARELTO WRONGFUL DEATH LAWSUITS:

Texas Xarelto Attorney Free Immediate Consultation 855-350-4024

If a family member suffered uncontrollable bleeding and sudden death after taking the blood thinner Xarelto, you may be eligible for compensation.

Xarelto (generic name: rivaroxaban) was approved by the FDA in 2011. The drug is manufactured by Bayer Pharmaceuticals and is marketed by Janssen Parmaceuticlas, a subsidiary of Johnson & Johnson. The primary complaint against Xarelto is that it causes uncontrollable bleeding in some users, and many physicians are very concerned that injuries and deaths will continue. Quackenbush Law Firm is encouraging surviving family members to contact our office and discuss whether they may be entitled to compensation.

Filing a lawsuit against Bayer and Janssen Pharmaceuticals may be your best option for recovering monetary damages after your family member died as a result of using Xarelto.

Pradaxa, a similar blood thinning drug, has also casued hundreds of deaths and thousands of bleeding incidents associated with the drug. Lawsuits are also being filed against the makers of Pradaxa.

Quackenbush Law Firm has determined that the family of patients who took Xarelto and suffered bleeding complications and died may be entitled to compensation. Call 855-350-4024 now for a free consultation.



PRADAXA WRONGFUL DEATH LAWSUITS:

Texas Pradaxa Attorney Free Consultation 855-350-4024

Pradaxa (dabigatran) is a drug that is often prescribed to assist in reducing the risk of blood clots that are frequently associated with atrial fibrillation. Atrial fibrillation is a disorder of the heart rhythm often producing an irregular, rapid heart rhythm which affects over 2 million people in America. It can increase the risk of blood clots which may cause stroke if the clots travel to the brain. Pradaxa is manufactured by Bohringer Ingelheim and was approved by the FDA in October 2010. It is easier to use than some blood-thinning drugs and requires less monitoring.

Pradaxa is known as a direct thrombin inhibitor, and there is no know antidote for bleeding caused by his class of drug, unlike other blood thinners that can be reversed with Vitamin K. Some of the Pradaxa side effects include hemorrhaging, serious internal bleeding and gastrointestinal bleeding, which in some cases have led to death of the patient. Since the FDA approval date, it has been acknowledged by the manufacturer that there have been about 260 deaths related to Pradaxa.

Pradaxa side effects such as internal bleeding and hemorrhaging can be difficult to detect, so patients must be aware of such things as unusual bruising, pink or brown urine, coughing up blood, swollen joints.

If a member of your family has died from using Pradaxa, you can set an appointment for a free consultation with one of the Pradaxa lawyers at Quackenbush Law Firm. Our well-informed Pradaxa lawyers understand legal issues related to this drug and can go over your case to determine whether or not you have a case which can be pursued. Contact us today at 855-350-4024 for a free consultation.



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Talcum Powder and Ovarian Cancer Attorney


TALCUM POWDER OVARIAN CANCER LAWSUITS:

Texas Talcum Powder Attorney Free Consultation 855-350-4024

Talc is a mineral that’s made mostly of magnesium, silicon, and oxygen and is used in many hygiene and beauty products. It is used in baby powder, hygiene powder and cosmetic powder products to control moisture and prevent rashes.

As early as 1971, researchers identified a link between ovarian cancer and the use of talcum powder. In recent years, the American Cancer Society and American Association for Cancer Research have published reports which also verify that women who use talcum powder products for genital hygiene purposes are at a significantly increased risk of developing ovarian cancer. Products like Shower to Shower by Johnson & Johnson, which were specifically marketed for female hygiene purposes, are of particular concern.

If you or someone you love used talcum powder and developed ovarian cancer call our Texas Talcum Powder Attorney at 855-350-4024. Our Texas Talcum Powder Attorney will fight hard to get your family the compensation you deserve.

Manufacturers of talc-based products, such as Johnson & Johnson, allegedly failed to inform consumers of the known risks of ovarian cancer when talcum powder products are used for genital hygiene. During the first talcum powder ovarian cancer lawsuit in 2013, a lawyer for the corporate giant acknowledged that they had known about the risk between baby powder and ovarian cancer for years but chose not to include a consumer warning because they did not think the risk was significant. The plaintiff, who won her case against the large corporation, used talcum powder for decades, which included Shower to Shower body powder by Johnson & Johnson. The jury found that Johnson & Johnson failed to warn users of their talc products of the increased risk of ovarian cancer.

If you or a family member has been diagnosed with ovarian cancer after using talc based baby powder or other body powder products, your family may be entitled to compensation by filing a talcum powder lawsuit. Call our Texas Talcum Powder Ovarian Cancer Attorney at 855-350-4024 for a free consultation.

The following symptoms are common for ovarian cancer:
• Vaginal bleeding;
• Abnormal vaginal discharge;
• Frequent bloating;
• Pain in the belly or pelvis;
• Abdominal pressure, fullness, swelling;
• Changes in bowel or bladder habits (constipation, frequent urination, etc.);
• Persistent fatigue;
• Low back pain; and
• Loss of appetite or feeling full.

If you’ve experienced any of the above symptoms after using baby powder or talcum powder as part of a regular genital hygiene, you need to consult with your healthcare provider immediately and report your talc use.

If you have used talcum powder and now have ovarian cancer, call our Texas Talcum Powder Ovarian Cancer Attorney for a free consultation at 855-350-4024.




VAGINAL MESH LAWSUITS: Texas Vaginal Mesh Attorney

Free Consultation Call 855-350-4024


Victims of injuries from vaginal mesh have filed lawsuits in order to receive compensation for their injuries. These lawsuits are directed against a number of different manufacturers and their products, including the Boston Specific Protegen Sling and Mentor’s ObTape, both of which were discontinued after causing many patients to suffer from vaginal mesh side effects including:
• Mesh Erosion (mesh protruding through skin)
• Pain during intercourse or urination
• Chronic pain
• Infection
• Urinary problems
• Mesh shrinkage causing vaginal shortening, tightening and pain
• Bleeding
• Mesh migration
• Vaginal tightening
• Bladder, blood vessel, or bowel perforation
• Dysparenunia (pain during intercourse) caused by vaginal mesh erosion and vaginal scarring
• Additional corrective surgeries for repair or removal
• Recurrence of POP or SUI

Vaginal Mesh is a term describing both surgical mesh and mesh products (sling devices and tape) used for the treatment of POP (Pelvic Organ Prolapse) and female Stress Urinary Incontinence (SUI). The mesh surgery used for treating abdominal hernias has been used since the 1970s to treat these conditions, and the specific configurations on the market today were developed in the 1990s. There are a number of different manufacturers who have marketed these products including C.R. Bard, Johnson & Johnson, American Medical Systems, Boston Scientific, and others.

A clinical study of these products was stopped prior to completion because of severe surgical mesh side effects patients were experiencing. Upwards of 15% of women involved in the study experienced vaginal mesh side effects such as “erosion.” Erosion is a painful condition where the mesh protrudes through skin that has split open.

If you or a family member have received vaginal mesh products in conjunction with Pelvic Organ Prolapse or Stress Urinary Incontinence, and have experienced adverse vaginal mesh side effects, you should call Quackenbush Law Firm to speak with one of our Vaginal Mesh lawyers today. By visiting with Quackenbush Law Firm Vaginal Mesh attorneys, you can learn more about your rights and what you may need to do in order to receive the compensation you deserve.

Contact our Texas Vaginal Mesh Attorney at Quackenbush Law Firm for an immediate free consultation. 855-350-4024.


ROUNDUP CANCER DEATH LAWSUITS:
Texas RoundUp Attorney Free Consultation 855-350-4024

RoundUp, manufactured by chemical conglomerate Monsanto, is the most widely used herbicide in America. The chemical is applied to farming crops, landscaping and lawns to eliminate weeds.
Inhalation or skin exposure to RoundUp has been shown to cause an increased risk of cancer and other serious ailments. People who worked at or lived near farms where RoundUp was used commercially have the highest risk of serious injury. Call our Texas RoundUp Attorney at Quackenbush Law Firm at 855-350-4024.
Serious and life-threatening injuries have been linked to Monsanto’s RoundUp. Some of them include:
• Non-Hodgkins Lymphoma
• Multiple Myelomas
• Leukemia
• Hodgkins Lymphoma
• Soft Tissue Sarcoma
• Fibrosarcoma
• Synovial Sarcoma
• Cancers of the Neck and Oral Cavity
• Tongue, Esophagus, Throat, or Thyroid Cancer
• Skin Cancer
• Other Cancers

World Health Organization (WHO) Warning
Recently, The World Health Organization’s (WHO) International Agency for Research on Cancer (IARC) issued a warning that Glyphosate, the active ingredient in RoundUp, was a probable carcinogen. The warning also suggested that exposure to Roundup may increase the risk of certain cancers and other diseases. Monsanto, the manufacturer of RoundUp, allegedly failed to adequately research the risk of cancer and exposure to RoundUp. Additionally, Monsanto may have misrepresented the safety of the weed killer product and put innocent people at risk.




RoundUp Cancer Attorney

If you were exposed to RoundUp in your job as a farm worker or lived on or near a farm that used RoundUp on crops and developed cancer or another serious injury, contact us immediately. You may be entitled to compensation. Call the Quackenbush Law Firm at 855-350-4024.

News Updates: Scientists Urge EPA to Ban Glyphosate
June 17, 2016 – A delegation of independent scientists have urged the Environmental Protection Agency (EPA) to ban Roundup in the U.S., according to the Huffington Post. The scientists spoke with EPA officials this week in a closed meeting at the O’Neill House Office Building in Washington, D.C., laying out the physiological reasons why exposure to glyphosate can increase the risk of autism, Alzheimer’s, cancer, birth defects, obesity and other serious health problems.

What is Roundup?
Roundup is a herbicide used to control many varieties of invasive exotic plants. Glyphosate, the primary ingredient in Roundup, inhibits a specific enzyme called EPSP synthase, which plants need to grow. Without EPSP synthase, plants are unable to produce other proteins essential to growth, so they wither and die over a period of days or weeks. Since most plants require EPSP synthase, almost all forms of vegetation succumb to Roundup.
Use of glyphosate has soared in recent years due to Monsanto’s Roundup Ready crops, which account for most corn and soybeans now grown in the U.S. These crops are genetically modified (GMO) to be resistant to glyphosate, allowing farmers to spray their fields without damaging the crops. Unfortunately, the weed killer is also killing farmers and farm workers who are exposed.

Monsanto’s History of Deception
From 1996 to 2011, the use of Roundup Ready GMO crops increased herbicide use in the U.S. by 527 million pounds — even though Monsanto claimed its GMO products would reduce pesticide and herbicide use. Monsanto has continually falsified research on Roundup’s safety, and marketed the herbicide as “environmentally friendly” and “biodegradable,” to promote sales, according to EcoWatch. In January 2007, a French court ruled that these claims amounted to false advertising.

Roundup ‘Probably’ Causes Cancer: Report
In 1985, an Environmental Protection Agency (EPA) committee found that Roundup may cause cancer, according to the New York Times. Six years later, the agency reversed itself after re-evaluating the study that it had based its original conclusion on.

Now the issue is back again. In March 2015, the International Agency for Research on Cancer (IARC), which is the cancer research arm of the World Health Organization (WHO), issued a report published in The Lancet Oncology which declared that the glyphosate contained in Roundup “probably” causes cancer in humans.

Roundup Side Effects
Scientists have been documenting the health consequences of Roundup and glyphosate for nearly 20 years. They’ve found that sick people tend to have higher concentrations of glyphosate in their bodies than healthy people. They’ve also documented the following health problems which they attribute to exposure to Roundup / glyphosate:
• Lung Cancer
• Brain Cancer
• Thyroid Cancer
• Testicular Cancer
• Lymphoma
• Non-Hodgkin’s lymphoma (also called Non-Hodgkin Lymphoma)
• Multiple Myeloma
• Leukemia
• Chronic Lymphocytic Leukemia
• Parkinson’s Disease
• Kidney Disease
• Renal Cell Carcinoma
• Hemangiosarcoma
• Heart Disease
• Liver Disease
• Skin Disease
• Lou Gehrig’s Disease (ALS)
• Multiple Sclerosis (MS)
• Attention Deficit Hyperactivity Disorder (ADHD)
• Nerve Damage
• Celiac Disease / Gluten Intolerance
• Colitis
• Diabetes
• Hypothyroidism
• Inflammatory Bowel Disease (‘Leaky Gut Syndrome’)
• Depression
• Respiratory Illness
• Infertility
• Reproductive / Pregnancy Problems
• Miscarriage
• Spontaneous Abortion
• Stillbirth

Birth Defects
Roundup has been found to disrupt the Vitamin A (retinoic acid) signaling pathway during fetal development. Babies born to mothers living within one kilometer of fields sprayed with glyphosate herbicide were more than twice as likely to have birth defects, according to a study conducted in Paraguay. Defects linked to Roundup / glyphosate include:
• Neural Tube Defects
• Heart Defects
• Anencephaly
• Imperforate Anus
• Micro Penis
• Growth Hormone Deficiency
• Autism

Regulators to Consider Tighter Restrictions on Glyphosate Use
Whether or not the WHO report affects sales of Roundup depends on whether regulators decide to impose tighter restrictions on glyphosate use. A spokesman for the California Office of Environmental Health Hazard Assessment (OEHHA) said it was evaluating whether glyphosate-containing products may have to be re-labeled as posing a cancer hazard.

EPA to Re-evaluate Herbicide Toxicity
Some consumer and environmental groups have called on the EPA to strengthen the labeling of genetically modified foods, and to re-evaluate the safety of glyphosate and a newer weed killer made by Dow Chemical that combines glyphosate and another herbicide, 2,4-D. EPA said it would consider the findings of the new report in its own review of glyphosate; however, the agency continues to maintain its classification for the chemical as having “evidence of noncarcinogenicity for humans” since 1991, according to the Times.

Working to Limit Roundup Use Over Health Concerns
In April 2013, a study published in the journal Entropy looked at glyphosate’s ability to interfere with normal bodily functions. The authors state “[Glyphosate’s] negative impact on the body is insidious and manifests slowly over time as inflammation damages cellular systems throughout the body.”

Stephanie Seneff, a research scientist at the Massachusetts Institute of Technology (MIT) and co-author of the study, highlighted the need for additional research into the potential health effects of Roundup, stating that the team’s research has “hit upon something very important that needs to be taken seriously and further investigated.”
Danish Authority Reclassifies Roundup as Cancer-Causing Substance
Roundup weed killer is now listed as a carcinogen by Denmark’s Working Environment Authority (WEA), according to the Institute of Science in Society. The updated classification comes in response to the March 2015 WHO report that linked glyphosate to non-Hodgkin lymphoma, a cancer that has been increasingly diagnosed in Denmark in recent years.

EU Rejects Extension on Glyphosate
June 6, 2016 – European Union (EU) representatives in Brussels today failed to pass a temporary re-authorization of glyphosate to allow for completion of a safety assessment currently underway by the European Chemicals Agency (ECHA), according to Reuters. If the commission fails to reauthorize the herbicide’s use by June 30, it will be illegal to use throughout the EU, and all products containing glyphosate would be removed from the European market within 6 months.
Roundup Cancer Lawsuit Filed in Nebraska

May 16, 2016 – Four Nebraska farmers who allegedly developed non-Hodgkins lymphoma after using Roundup for years have filed a lawsuit against Monsanto. The farmers claim Monsanto mislabeled the herbicide despite the “body of recognized scientific evidence linking the disease to exposure to Roundup.”Plaintiffs are seeking punitive damages for defective design, failure to warn, negligence and breach of warranty.

Lawsuit Alleges Roundup Caused Cancer in Farm Worker
A former California field worker has filed a federal lawsuit against Monsanto alleging that Roundup caused her to develop cancer after exposure to the herbicide. Plaintiff Enrique Rubio sprayed Roundup on crops in California, Oregon and Texas from 1986 to 1995, and was subsequently diagnosed with bone cancer at 38 years old.
Wrongful Death Lawsuit Filed Against Monsanto in California

May 9, 2016 – The widow of a California farmer has filed a wrongful death lawsuit against Monsanto alleging that it knowningly downplayed the cancer risk with Roundup. According to the complaint, Jack McCall was admitted to a hospital with swollen lymph nodes in his neck in September 2015. His doctor informed him that he had anaplastic large cell lymphoma (ALCL), a rare and aggressive form of non-Hodgkins lymphoma. Three months after his diagnosis, while undergoing treatment on Christmas Eve 2015, McCall had a massive stroke and died 2 days later.
Lawmakers Pressure EPA Over Glyphosate Safety Report

May 13, 2016 – The U.S. House Committee on Agriculture sent a letter to the Environmental Protection Agency (EPA) asking why it released and then quickly withdrew documents concerning its review of glyphosate, according to Reuters.
“We are troubled that EPA mistakenly posted and later removed documents related to assessments of two different chemicals within one week,” the letter said. “These mistakes indicate systemic problems with EPA’s management of its chemical review and publication processes.”

EPA Pulls Report Saying Glyphosate is Safe
May 5, 2016 – The Environmental Protection Agency (EPA) says it accidentally released an 87-page report which concluded that glyphosate is “not likely” to cause cancer in humans, according to the Des Moines Register. The revoked documents are from a report by the EPA’s Cancer Assessment Review Committee which says “epidemiological studies in humans showed no association between glyphosate exposure”and 15 types of cancers. EPA said it doesn’t expect to finish its review of glyphosate until later this year.

Class Action Lawsuit Filed Over Glyphosate in Quaker Oats
May 2, 2016 – Quaker Oats is being sued for $5 million by a New York man who alleges the company uses glyphosate — the active ingredient contained in Roundup weed killer — during production, according to the New York Post. The class action was filed by Lewis Daly, a Brooklyn resident who claims Quaker Oats’ advertising is “false, deceptive and misleading.” Daly says the carcinogenic substance glyphosate is used to grow the oats and sprayed on them during harvest, undermining the company’s claims that its products are“100 per cent Natural.”
Glyphosate Found in Many Breakfast Foods, Study Finds

April 20, 2016 – A report issued today by the Alliance for Natural Health USA (ANH-USA) has found detectable levels of glyphosate in 10 out of 24 breakfast food items including organic foods such as eggs which are marketed as being “organic, cage-free, antibiotic-free;” and in organic bagels and bread. ANH said the test results indicate that glyphosate is entering the food supply in a number of ways, including being sprayed on crops like wheat to help speed the crop to harvest, and through genetically engineered livestock feed that builds up in poultry and other farm animals. “Americans are consuming glyphosate in common foods on a daily basis,” the group said.

Judge Rejects Monsanto’s Request to Dismiss Roundup Cancer Lawsuit
April 13, 2016 – A California judge has refused to toss a federal lawsuit (3:16-cv-00525) filed against Monsanto by a man who claims his cancer was caused by Roundup, rejecting the company’s arguments that his claims are preempted by the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). The suit was filed on behalf of Plaintiff Edward Hardeman, who developed non-Hodgkin’s lymphoma after using Roundup for years.

“In this light, it’s hard to see how Hardeman’s failure-to-warn claims could ‘be construed more broadly than’ FIFRA,” said U.S. District Judge Vince Chhabria. “Indeed, Hardeman’s complaint explicitly bases his California-law failure-to-warn claims on Monsanto’s alleged violation of FIFRA.”
Sources

• “How does the herbicide Roundup work?” HowStuffWorks.com. April 1, 2000. http://home.howstuffworks.com/question357.htm
• Bayden-Mayer, Alexis.“15 Health Problems Linked to Monsanto’s Roundup.” EcoWatch.com. January 23, 2015. http://ecowatch.com/2015/01/23/health-problems-linked-to-monsanto-roundup/
• “Monsanto Fined in France for ‘False’ Herbicide Ads.” TerraDaily.com. January 27, 2007. http://www.terradaily.com/2006/070126154451.ovopjxml.html
• Pollack, Andrew. “Weed Killer, Long Cleared, Is Doubted.” The New York Times. March 27, 2015; B1.http://www.nytimes.com/2015/03/28/business/energy-environment/decades-after-monsantos-roundup-gets-an-all-clear-a-cancer-agency-raises-concerns.html?_r=0.
• Benítez-Leite, S, Macchi, ML, & Acosta, M. “Malformaciones congénitas asociadas a agrotóxicos.” Pediatría (Asunción), 34(2), 111-121. http://scielo.iics.una.py/scielo.php?script=sci_arttext&pid=S1683-98032007000200002&lng=en&tlng=es.
• Guyton KZ et al. “Carcinogenicity of tetrachlorvinphos, parathion, malathion, diazinon, and glyphosate.” The Lancet. May 2015; 16(5):490-491. http://www.thelancet.com/journals/lanonc/article/PIIS1470-2045(15)70134-8/abstract
• Samsel, Anthony & Seneff, Stephanie. “Glyphosate’s Suppression of Cytochrome P450 Enzymes and Amino Acid Biosynthesis by the Gut Microbiome: Pathways to Modern Diseases.” Entropy. 2013, 15(4), 1416-1463.




ACTOS BLADDER CANCER LAWSUITS:

Texas Actos Attorney Free Consultation 855-350-4024


Actos manufacturer Takeda Pharmaceuticals America, Inc. introduced Actos in the late 1990s. It is used to treat type 2 diabetes and helps make the body more sensitive to insulin so that blood glucose levels can stay within the desired range. It is designed to decrease how much glucose the liver releases, thus making the body less insulin resistant. Problems with an increased risk of bladder cancer have been linked to Actos, particularly for patients who have used the medication for a year or more.

Quackenbush Law Firm represents individuals who have taken Actos and have been diagnosed with bladder cancer. A person who used this medication and has been diagnosed with bladder cancer should contact our Actos Bladder Cancer Texas Attorney for a free consultation. 855-305-4024.

RISPERDAL GYNECOMASTIA LAWSUITS:

Texas Risperdal Attorney Free Consultation 855-350-4024


Risperdal is an antipsychotic drug used to treat the symptoms of schizophrenia and other conditions like unusual thinking, loss of interest in life and strong or inappropriate emotions. Janssen Pharmaceuticals, the manufacturer of the drug and subsidiary of Johnson & Johnson, has racked up a settlements of $2.2 billion for allegations of illegal marketing and severe side effects like gynecomastia in males.

Gynecomastia is the development of breasts in males. Some instances of the onset of lactation have been documented as well. This condition has been the most common side effect in males taking the drug, especially under the age of 13. The FDA has issued a warning about the possible harmful Risperdal side effects including gynecomastia and pituitary gland tumors.

Johnson & Johnson reported in its filings with the Securities and Exchange Commission (SEC) that it was being investigated by the Justice Department. J&J reported in the fourth-quarter of 2011 that it had set aside $1.1 billion for damages. An Arkansas judge has ordered J&J to pay $1.2 billion in penalties for its actions in that state.

Recently, as part of a final settlement, the FDA required that the drug manufacturer admit to intentionally withholding important information during the testing phase of the drug, that would have shown a significant link to gynecomastia.

Contact Quackenbush Law Firm’s Risperdal Gynecomastia Texas Attorney if you or a loved one has experienced adverse side effects of Risperdal, particularly gynecomastia or pituitary tumors. Call 855-350-4024 for your free consultation.



PRILOSEC AND NEXIUM KIDNEY FAILURE LAWSUITS:

Texas Prilosec and Nexium Attorney Free Consultation 855-350-4024


The Proton pump inhibitor (PPI) heartburn drugs Prilosec and Nexium have been linked to serious side effects including chronic kidney disease (CKD), renal failure, bone fractures, and heart attacks.

Prilosec (generic: omeprazole) is a prescription medication used to treat the symptoms of gastroesophageal reflux disease (GERD), otherwise known as heartburn. The drug works by blocking the enzyme in the stomach wall that produces stomach acid. Prilosec is made by AstraZeneca, and was approved by the U.S. Food and Drug Administration (FDA) in June 2003.

A January 2016 study published in JAMA International Medicine found a link between the use of PPI heartburn medications and chronic kidney disease. Researchers looked at more than 10,000 adults enrolled in the Atherosclerosis Risk in Communities (ARIC) study conducted from February 1, 1996 thru December 31, 2011. The study determined that PPI use was linked to a 20% to 50% increased risk of kidney disease. The link was confirmed after adjusting for confounding variables including demographics, socioeconomic status, clinical measurements, prevalent comorbidities and concomitant use of other medications.

The study doesn’t prove a causative association between PPI use and CKD; however, “We found there was an increasing risk associated with an increasing does,” the researchers said. “That suggests that perhaps this observed effect is real.”

Signs and symptoms of kidney disease include:
• Weight loss and poor appetite
• Swollen ankles, feet or hands
• Shortness of breath
• Blood or protein in your urine
• An increased need to urinate, particularly at night
• Insomnia
• Itchy skin
• Muscle cramps
• High blood pressure (hypertension)
• Nausea
• Erectile dysfunction in men

Prilosec side effects
• Acute interstitial nephritis
• Acute kidney disease (CKD)
• Kidney failure (renal failure)
• Heart attack
• Bone fractures (hip fracture, wrist fracture, spine fracture)
• Broken bones
• Low magnesium levels (hypomagnesemia)

If you or a family member has taken Prilosec or Nexium for at least 3 years and now suffer kidney damage or failure, call Quackenbush Law Firm now for a free consultation.


AMARILLO’S BEST VA HOSPITAL MEDICAL MALPRACTICE ATTORNEYS:
FREE CONSULTATIONS (806) 374-4024

You hear about it every day in the news, innocent veterans victimized by negligent doctors and nurses at VA Hospitals.  Every day, dozens of veterans die and hundreds more are injured by preventable medical mistakes.  If you or your family have been victimized by medical negligence at a VA Hospital anywhere in the U.S., you have valuable rights and it’s important you get legal advice immediately.  Amarillo’s Best VA Hospital Medical Malpractice Attorneys can offer you a free consultation.  (806) 374-4024.

At Quackenbush Law Firm, we believe veterans deserve the highest standards of care available.  Unfortunately, the medical professionals who are charged with providing this care do not always live up to expectations.

If you are a veteran of the military---whether in the Army, Air Force, Navy, Marines or other branch of the service---and you have suffered due to VA hospital medical malpractice, we can help you make a claim under the Federal Tort Claims Act.  This area of law is highly technical, and not every attorney is prepared to handle cases like yours.  Amarillo’s Best VA Hospital Medical Malpractice Attorneys have more than 56 years combined experience.  Call now for a free consultation.  (806) 374-4024

We accept Veterans Administration Hospital Medical Malpractice cases arising from negligent care received in the following Texas and New Mexico cities: Amarillo, Texas; Beaumont, Texas; Big Spring, Texas; Bonham, Texas; Corpus Christi, Texas; Dallas, Texas; El Paso, Texas; Fort Worth, Texas; Kerrville, Texas; Harlingen, Texas; Houston, Texas; San Antonio, Texas; Temple, Texas; Waco, Texas.



AMARILLO’S BEST BURN INJURIES AND DEATH ATTORNEYS:
FREE CONSULTATION (806) 374-4024

Accidental burns happen too frequently in Amarillo, Texas.  Big Rig accidents causing vehicle explosions, faulty residential gas lines, oil field explosions, power line electrocutions, chemical burns at work, defective vehicle heater cores, improperly compounded drugs, dangerous products, hospital negligence, childhood accidents, commercial and residential electrocutions --- all contribute to tragic and sometimes fatal burns.  Our Amarillo burn injuries and death attorneys know how to handle these type of cases and can help your family through your burn tragedy.  We will respond promptly with expert burn accident reconstructionist who will preserve evidence and increase your chance of discovering how and why the burn accident occurred and fully recover your damages.  Let our team help your family.  Call now for a free consultation.  (806) 374-4024   




Vehicle Defects:

As a consumer, you expect the vehicle you purchase to be a reliable source of transportation. Automobiles have safety features that normally protect passengers, but if tires, air bags, seat belts, grab handles, electrical systems, gas tanks or even gas pedals are defectively designed or manufactured, serious accidents and injuries will result.

At Quackenbush Law Firm our Amarillo vehicle defects attorney believes that companies who produce defective products should be held accountable. When serious injuries or death in Amarillo are the result of a vehicle defect, we will work to obtain full compensation for Amarillo victims and their families.

Manufacturers may be held liable for the following defects: electrical fires; passenger assist devices; air-bag malfunction; roll-overs; grab handles; gas tank explosions; seat or seat-belt defect; engine or fuel line issues; vehicle structure deficiency; locking mechanism and door defects; child seat malfunction or unsafe design; tire failure; and brake failure.

Our Amarillo vehicle defect attorney is skilled and has access to the resources to determine the root cause of a vehicle accident. If your Amarillo vehicle defect accident caused serious injuries or death, you are entitled to compensation.

You can depend on our experience and skill to obtain the compensation you deserve for pain and suffering, mental anguish, physical impairment, medical bills and lost income that follow a serious accident in Amarillo or Houston Texas. Call us now at 806-374-4024 or chat live online for a free consultation.




Wrongful Death Attorney in Texas and New Mexico:

For decades, the experienced lawyers at Quackenbush Law Firm have fought successfully for justice for victims of wrongful death.
Family members may be entitled to damages from the responsible party for pain and suffering, medical bills, lost wages and benefits. We thoroughly investigate your case, work with medical experts, investigators and financial professionals to determine who is responsible and obtain full compensation for your case.
Wrongful death cases result from:

motor vehicle accidents
medical negligence
slip and fall or premises accidents
nursing home abuse
defective products
construction site accidents







The wrongful death laws in Texas and New Mexico require an experienced attorney who understands the types of damages recoverable, the limitation of those damages, and the person for whom a claim can be brought. For example, in Texas, a parent can sue for economic losses caused by the loss of an adult child.

Our attorneys work not only to obtain just compensation for the surviving spouse and family of the victim, but do so with the compassion and understanding that should accompany the loss of a loved one. We have successfully handled wrongful death cases for families whose lives have been forever altered.

Contact Quackenbush Law Firm – call us at 806-374-4024 or chat live online for a free consultation.




Failure to Diagnose:

If you have cancer or another serious illness, time is your most critical and significant asset. If your disease is diagnosed in time, you have options. Modern medicine offers you the optimum chance for survival or cure. Unfortunately, if your disease or illness is not diagnosed in a timely manner by your Amarillo doctors, you do not have as many treatment options.

You depend on doctors to accurately diagnose your condition the first time around. When Amarillo doctors misread test results or fail to order appropriate tests, these actions or inactions can cost lives. If you have lost a loved one due to an Amarillo doctor’s failure to diagnose an illness, or if you have suffered metastic disease secondary to an undiagnosed cancer, you need an experienced Amarillo failure to diagnose attorney on your side.

People across Amarillo and Texas have turned to failure to diagnose attorneys at Quackenbush Law Firm for strong legal representation in medical malpractice cases. We take on medical professionals who have breached their duty to their patients. We are able to handle every kind of case involving a hospital or physician’s failure to diagnose and treat a disease in a timely fashion, including:

Delayed diagnosis of cancer. When cancer is not detected early, it can spread to other parts of the body and lead to death. Our Amarillo failure to diagnose attorney serves victims of every type of cancer misdiagnosis, including breast cancer misdiagnosis.

Medical or doctor misdiagnosis. The misdiagnosis of an illness leads to delayed and ineffective treatments. Our Amarillo failure to diagnose attorney will hold doctors responsible for their negligence.

Failure to diagnose and prevent a heart attack. In too many Amarillo emergency rooms, doctors send patients home with symptoms of a heart attack. Death is usually the result. Often there is a callous failure to perform rudimentary procedures such as serial EKG and blood enzyme analysis.

Failure to properly read X-rays and mammograms. Amarillo radiologists are trained to read and interpret X-rays. When they make mistakes, the patient loses valuable time to combat disease like breast cancer.

Misdiagnosis of appendicitis. Appendicitis is often misdiagnosed for less serious conditions like indigestion and flu. A delay in diagnosis can lead to severe medical complications requiring extensive medical treatment, or even wrongful death.

Misdiagnosis of colon cancer. Colon cancer often goes undetected before it becomes life threatening. Patients exhibiting signs of colon cancer should be screened as soon as possible and treatments including cure are possible.

Misdiagnosis of bladder cancer. When detected early, bladder cancer is often treatable. A delay in diagnosis, however, can allow the cancer to spread into the nodal system, significantly limiting the patient’s chances of survival.

Misdiagnosis of liver cancer. Liver cancer is difficult to treat even when detected early. When doctors misdiagnose this disease, it all too often results in wrongful death.

Misdiagnosis of esophageal cancer. Esophageal cancer is a rare but deadly form of cancer. Warning signs are difficulty swallowing and painful swallowing.

Misdiagnosis of lung cancer. While there is no cure to lung cancer, a timely diagnosis can significantly ease symptoms and prolong life.

In every case, our Amarillo failure to diagnose attorney will make a complete investigation of your claim and bring a lawsuit against those responsible. Our tough, aggressive approach regularly leads to favorable outcomes for our clients.

Call us at 806-374-4024 or chat online to schedule a free, confidential consultation. Our Amarillo failure to diagnose attorney represents clients on a contingency fee basis, meaning we charge you nothing if there is no financial recovery.




Birth Injuries:

Improper medical care or medical negligence in Amarillo during childbirth may cause physical harm to the mother of the child or both. This type of injury is known as a birth injury. Our Amarillo birth injury attorney is trained to evaluate your child’s medical records to detect medical or nursing errors. Some common birth injuries include: cerebral palsy (CP); Erb’s palsy and other nerve injuries; brain injuries; spinal injuries; broken bones; and brachial plexus injuries.

Damage to the brain is one of the leading causes of cerebral palsy. This can be caused by lack of oxygen or damage to one or more parts of the brain. Symptoms can range from mild to a life spent in a wheelchair, with the need for 24/7 care.

An example of birth injury to the nerves is Erb’s Palsy, affecting the brachial plexus network of the nerves on each side of the upper body. The plexus controls movement and feeling in the shoulder, arm and hand. Symptoms are numbness, weakness, and paralysis on whichever arm is damaged.

The most tragic form of birth injury is the one that could have been prevented by proper care before, during and after labor and delivery. Amarillo birth injuries can be caused by improper medical care. You can speak with our Amarillo birth injury attorney by calling 806-374-4024 or chat live online to receive a free consultation. If negligence is found, a settlement or judgment can help you and your family with the ongoing costs of care.





Nursing Home Neglect:

If a loved one has been placed in a nursing home in Amarillo , you expect them to receive the best possible care. Unfortunately, seniors who reside in nursing home settings do not always receive the care they require, resulting from negligence or abuse. If you or loved one has been injured, it is important to seek legal counsel immediately by calling our Amarillo nursing home neglect attorney at 806-374-4024.

Nursing home neglect can come in many forms from staff, nurses or physicians. It can include neglect of personal hygiene, medical treatment, even emotional needs. It is important to act now if you believe that a loved one has been injured in Amarillo due to nursing home neglect.

There are special laws in Texas that were enacted to protect the rights of persons in a nursing home setting. Some claims resulting in compensation for residents and families result from: falls; bed sores; physical or sexual abuse; general neglect; and death.

You trusted these caregivers to provide quality care to your family. At Quackenbush Law Firm in Amarillo we have over 28 years experience handling these cases. Our nursing home neglect attorney will provide close personal attention to you and work to obtain full compensation for your family.

Contact Quackenbush Law Firm at 806-374-4024 or chat live online for a free consultation about your excessive force, civil rights, wrongful death case.


BNSF CLASS ACTION: PANHANDLE, TEXAS TRAIN ACCIDENT ON JUNE 28, 2016
FREE CONSULTATION 806-374-4024


Quackenbush Law Firm is now accepting new clients for personal injury and property damage claims against BNSF Railroad resulting from the train wreck involving two BNSF trains in Panhandle, Texas on June 28, 2016. When the two trains collided a massive diesel explosion and fire occurred which released toxic soot particulate into the atmosphere while the trains burned for nearly three days. The soot has coated an area up to 5 miles from the accident site and has caused serious health problems requiring medical attention. Area residents have been experiencing heart, lung, kidney, and eye problems and are fearful of future cancer risks because of the toxic nature of the airborne particulate. Medical studies have confirmed that inhalation of diesel particulate will increase the chance of cancer, heart problems, eye damage and may cause autism in children whose mothers were exposed during pregnancy. Farmers and ranchers are reporting exposure to equipment, livestock and crops. Because of the highly corrosive nature of diesel soot, electronic components of vehicles and outside equipment may also be damaged. Homeowners and vehicle owners may need thousands of dollars to clean or repair their property because of the soot. Businesses and government agencies with exposed electronic equipment are also in jeopardy of corrosive damage from the soot. Quackenbush Law Firm is now accepting the following clients as a growing class of claimants:

• Homeowners
• Residents
• Police Officers
• Fire Personnel
• First Responders
• Vehicle Owners
• Business Owners
• Famers
• Ranchers
• Government agencies

Call Quackenbush Law Firm now. Free Consultations 806-374-4024.

AMARILLO’S BEST CRIMINAL DEFENSE ATTORNEY
OFFERS FREE CONSULATATIONS: 806-374-4024

Amarillo Criminal Defense Attorney, Jesse Quackenbush of Quackenbush Law Firm has been representing criminally accused clients since 1988. He has dedicated his entire career to protecting those who have been wrongfully accused of crimes as well as many who are guilty but don’t deserve the ridiculous punishment offers being presented by overzealous prosecutors in Texas. According to Quackenbush, “not knowing your rights is like not having any rights at all! Everyone deserves competent counsel and the chance to obtain justice.” Amarillo’s Best Criminal Defense Attorney, Jesse Quackenbush promises to fight hard for your rights and hire the best expert witnesses, if necessary, to assure your chances of a fair trial.

At Quackenbush Law Firm we practice many types of law, not just criminal law. Because of this we have experience well beyond most attorneys who practice only criminal law. For instance, we handle complex product liability and medical malpractice cases, which require experts from advanced scientific fields that could be useful in your criminal case defense. Your defense may very well depend on an expert from the “higher sciences” such as: biomechanical engineering; neuroscience; chemical engineering; cardiology; pediatrics; pathology; vehicle crashworthiness; defective airbags; fire origination; DNA testing; laboratory sciences; hematology; pulmonology; pharmacology; toxicology; epidemiology; histology; physics; obstetrics; gynecology; SANE nursing; dermatology; and accident reconstruction. At Quackenbush Law Firm we have been utilizing expert witnesses in civil and criminal cases for nearly 30 years. We have a vast database of experts to select from, most with worldwide reputations. Your freedom may very well depend on one or more of these experts joining your defense team.

For nearly 30 years, Amarillo residents have trusted Amarillo Criminal Defense Attorney, Jesse Quackenbush with their freedom and sometimes their lives. He has beaten the best of the best prosecutors in Texas and takes pride in his efforts. From capital murder to DWI cases, Quackenbush has proven his skills in the courtroom. Quackenbush is also known for his “take-no-prisoner” attitude toward Judges. To him “they wear stripes, like referees and referees make mistakes all the time. I don’t look at them as Gods, like some lawyers. When I’m in the courtroom its my courtroom, not theirs. Its my clients only chance for freedom and I take that seriously.”

In an aggravated sexual assault of a child case in Austin, Texas, the sitting Trial Judge (a former Texas Court of Appeals Judge) threatened Quackenbush with “contempt” charges if he kept on with his intense line of questioning of the “outcry” witness, the Aunt of the “alleged” victim. She practiced Wicca, a form of Pagan Witchcraft. Quackenbush kept on with questions about her book of spells and curses and the Judge ordered the Jury out of the courtroom. Most of the Jurors had shocked looks on their faces as they left. “Taking a stand for what’s right is the only path to victory with a jury in the courtroom,” according to Quackenbush. He won the Austin trial and credits his hardball tactics with the Judge. “ I put my freedom on the line for my client, so that the Jury would known the importance of their decision. It worked,” he stated. Unfortunately, most lawyers don’t take their jobs as serious as Amarillo Criminal Defense Attorney, Jesse Quackenbush.

Its very important for clients to understand that your “case” is only as strong as your attorney. You can have great facts and witnesses for your defense, but a deficient attorney can take away your edge. Lack of investigation. Lack of confidence. Lack of organization. Lack of exhibits. Lack of subpoenas for witnesses. Lack of proper courtroom demeanor. Lack of secretarial and paralegal assistance. Lack of money for expert witness trial testimony. Lack of trial experience. All of these problems could assure a guilty verdict or punishment more harsh than deserved.

If you have been charged with a serious crime, don’t take chances with your freedom. You need an aggressive, intelligent attorney who is not afraid to take your case to a jury. Amarillo Criminal Defense Attorney, Jesse Quackenbush Offers Free Consultations. 806-374-4024.


AMARILLO INTOXICATION MANSLAUGHTER DEFENSE ATTORNEY
OFFERS FREE CONSULATIONS. 806-374-4024

Amarillo Intoxication Manslaughter Defense Attorney, Jesse Quackenbush of Quackenbush Law Firm has been representing clients with Intoxication Manslaughter and Intoxication Assault charges for nearly 30 years. Of all criminal offenses in Texas, Intoxication Manslaughter and Intoxication Assault are the most common charges encompassing all ages, genders, races, educational levels, socio-economic statuses and political affiliations. In other words, anyone who drinks alcohol and drives a motor vehicle or boat is at risk of having an accident and either injuring or killing other persons. No matter who the criminally accused happens to be, the maximum consequence of a guilty plea or verdict is the same. Rich or poor. White or black. Old or young. Educated or uneducated. 20 years in prison is the possible outcome! This is true regardless of your lack of criminal record or status in the community.

In Amarillo recently, the son of a high-powered banker found out the hard way about tough jury sentences in Amarillo. He was sentenced to 15 years in prison even though he admitted his guilt and threw himself on the mercy of the jury. His prior criminal history involved low level misdemeanors. His plea fell on deaf ears, at least in part because of decisions he or his attorney made at trial. For instance, he tried to play a political blame game testifying that Obamacare didn’t cover his alcoholism treatment. Then, even worse, he blamed General Motors for faulty air bags in the victim’s Chevy Cobalt. Neither of these idiotic tactics worked, and probably had an opposite effect of enraging jurors. This case serves as an example of just how important it is to chose the right attorney for your case. Bad decisions by your attorney may very well reduce your chances for a “not guilty” verdict and possibly cause a sentence more harsh than deserved.

At Quackenbush Law Firm, we take these cases very serious and know that prompt evidence preservation, controlling the client’s post arrest conduct and trial experience are keys to a winning strategy. We immediately send evidence preservation letters to any bars or restaurants to preserve any exculpatory video of the premises. A good video of the accused moments before an accident may be the only evidence to counter a hospital blood test which was failed. Most bar security videos autoerase after just 30 days. An attorney who doesn’t act aggressively could lose your only chance of remaining free. Witness statements from bartenders, customers or wait staff are also crucial. If needed, we also collect medical records to verify other reasonable alternative explanations for balance problems or failed HGN tests. For instance, its not unusual for people with prior concussions to exhibit positive HGN signs or have issues with balance and memory. Similarly, non-intoxicating medications can affect balance and cause drowsiness, either of which could be misinterpreted as signs of intoxication. Diabetics often appear intoxicated if having issues with their sugar, and may emit a sweet odor on their breath, easily mistaken for the “smell of an intoxicating beverage.” If you or a family member have been charged with Intoxication Manslaughter, you need an attorney who is not afraid to take your case to a jury and knows how to win.

Any Amarillo Attorney can advertise in the Yellow Pages or on Google that they “handle” Intoxication Assault or Intoxication Manslaughter. The only requirement in Texas is that the attorney have a law license. How would you feel if you were to find out the morning of the trial that your attorney has never taken a case like yours to a jury trial? By then, it’s too late! You’re stuck and your life and freedom are in the hands of an inexperienced attorney. Before hiring an attorney in your Amarillo Intoxication Manslaughter or Intoxication Assault case, ask him or her the following questions:

a) Have you ever taken an Intoxication Manslaughter case to jury trial?
b) What were the results of each case?
c) How many felony criminal jury trials have you completed as “first chair?”
d) What expert witnesses do you hire in these type of cases?
e) Would you provide a list of satisfied clients you have represented at felony criminal jury trials?

If the attorney hesitates or refuses to answer these questions, RUN! If you’re willing to pay “premium” attorney fees, make sure you are hiring a “premium” attorney with relevant experience. Amarillo Intoxication Manslaughter Attorney, Jesse Quackenbush Offers Free Consultations. 806-374-4024.

AMARILLO DRUG CRIMES DEFENSE | AMARILLO DRUG LAWYER | AMARILLO DRUG ATTORNEY

Jesse Quackenbush is an experienced criminal defense lawyer. He has over 28 years experience representing individuals accused of serious drug crimes before state and federal courts in Texas, New York and New Mexico.
Serious Felony Drug Crimes in Texas
Drug offenses in Texas are among the most serious in the state’s arsenal of criminal laws. Penalties of drug violations can be extremely severe and carry with them a host of collateral consequences.

A drug charge in Texas does not necessarily mean a drug conviction. There are several effective defenses for narcotics offenses that a talented drug crimes attorney with experience investigating the circumstances surrounding a search and arrest for a drug crime should know and be able to use to your advantage. Mr. Quackenbush can use his knowledge and experience to create a successful defense strategy and force the government to follow the law and meet its burden of proof.

Defense Strategies in Drug Cases
For instance, a knowledgeable and prepared criminal defense lawyer could demonstrate that your arresting officers did not have probable cause to search your home, vehicle, or person. He could show that you were a victim of entrapment, or argue that the drugs belonged to someone else and were not intended for human consumption. It is even possible that drugs found in your vicinity, or even in your vehicle, were hidden, unknown to you and therefore not in your possession. There are many possible successful defenses in drug cases, if your lawyer dedicates the time and resources to investigate your case and is familiar with the facts and law.

Never Talk to the Police or Federal Agents
If you believe you are being investigated for a drug trafficking crime, or have already been arrested or charged with this type of offense, consult with a knowledgeable attorney with experience in drug defenses immediately. Your lawyer can listen to your side of the story before helping you determine the best possible defense strategy in the unique circumstances of your case. With the help of a drug crimes attorney, you may be able to avoid prison.

Texas Drug Laws
Texas courts look at five primary factors in determining what sentence should be imposed after a conviction for any of the above drug offenses:
• The type of drug involved. For example, a drug found in penalty group 1 (heroin) will result in a much harsher sentence than a drug found in penalty group 3 (prescription drugs).
• The amount of drugs involved. Greater amounts of the same drug, regardless of the penalty group, will result in a longer sentence.
• The purpose for which the drug is used. A simple possession is less severe than intent to distribute, manufacture, or deliver drugs.
• Location of violation. Drugs possessed or sold near schools or day care centers, for example, are treated more harshly than on an average street corner.
• Whether the drug offense was tired to another offense. Drug offenses associated with crimes of violence or involve the possession or use of a firearm will result in a significantly more severe sentence.

Texas Drug Statutes
Manufacture or deliver of controlled substances (drugs)
• Minimum Punishment: Confinement in jail for a term of not more than 2 years, or less than 180 days, and a fine not to exceed $10,000.00.
• Maximum Punishment: Confinement in prison for life or for a term of not more than 99 years nor less than 15 years, and fine not to exceed $250,000.00.

Possession of controlled substances (drugs)
• Minimum Punishment: Confinement in jail for a term of not more than 180 days, and a fine not to exceed $2,000.00, or both.
• Maximum Punishment: Confinement in prison for life or for a term of not more than 99 years not less than 10 years, and fine not to exceed $250.000.00.

Delivery of Marijuana
• Minimum Punishment: Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000.00, or both.
• Maximum Punishment: Confinement in prions for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000.00.

Possession of Marijuana
• Minimum Punishment: Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000.00, or both.
• Maximum Punishment: Confinement in prison for life or for a term of not more than 99 years nor less than 5 years, and a fine not to exceed $50,000.00.

These offenses are set out in Chapter 481 of Health and Safety Code. There are fine penalty groups in this chapter. Each group designates the offense and punishment. The groups are governed by two factors: the type of the drug and the quantity involved. Sections 481.032 contains exhaustive lists (with new drugs added each year) that are in Penalty Groups 1, 1-A, 2, 3, 4, and 5.

Consequences of Drug Convictions
There are also many collateral consequences for having been convicted of a drug offense in Texas.
• Employment: Many occupations (such as barber, plumber, nurse, etc.) require a license to work. Section 53.021 of the Texas Occupations Code authorize Texas licensing authorities to revoke, suspend, or deny a license to anyone convicted of a felony or misdemeanor involving moral turpitude.

• Education: Any student convicted of the possession or sale of a controlled substance can lose or be denied financial assistance under the Federal Student Loans and Grants program, or the forfeiture of a prepaid scholarship.
• Asset forfeiture: Serious drug convictions can result of forfeiture of cash, vehicles, homes, personal property, and businesses.
• Firearm: A drug conviction of more than one year will result in loss of the right to own or possess a firearm or ammunition.
• Housing: Federal housing policies permit the exclusion of drug offenders from federally subsidized or funded housing.
• Civil rights: A drug conviction results in the loss of the right to vote, run for public office, be appointed to a public office, or serve on a jury.

Because of the wide range of criminal penalties associated with drug offenses and the vast array of civil penalties disqualifications and disabilities associated following drug convictions (and, yes, probation is a conviction), anyone charged with a drug offense needs an aggressive and experienced criminal defense attorney.

Federal Drug Crimes
There are significant misconceptions about federal crimes. Many people assume that federal crimes are “white collar” or “national security” offenses. Nothing could be further from the truth. Approximately 55% of all federal prisoners, more than 30,000 of them, stand convicted of drug offenses. The U.S. congress has enacted 38 drug statutes that proscribe penalties and fines for 165drug related offenses. The higher end of these offenses carries penalties of 10 years to life imprisonment with $10 to $50 million fines while the lower end of these offenses carries penalties of 3 years imprisonment and fines up to $250,000.

Crimes with Mandatory Minimums
Below is a list of drug offenses that carry a mandatory minimum sentence under 28 U.S.C § 841.
• Heroin
• Cocaine
• Crack cocaine
• LSD
• PCP
• Marijuana
• Methamphetamine

The mandatory minimum can be 5 to 10 years without parole depending upon the quantity of the drug involved.

The five-year minimum drug case can double to 10 years with one prior felony conviction while the 10-year minimum drug case can double to 20 years with a prior felony conviction.
Both the five-year and ten-year minimum cases increase to a mandatory minimum of 20 years if a death results. The minimum increases to life without parole if both a death results and the offender has one prior felony conviction.

Finally, the ten-year mandatory minimum drug type increases to life without parole if the offender has two or more prior felony convictions.

Forfeiture of Property and Money
As with Texas drug convictions, federal drug convictions can also lead to civil forfeitures that result in the loss of personal property, including cash, homes, vehicles, planes, and other personal belongings.

The proceeds from forfeited property go into the coffers of law enforcement agencies, not the government treasury. Thus, the police have an incentive to seize and forfeit as much property as possible, regardless of whether it is actually tied to an offender’s drug activity.

Drug Convictions can Destroy Lives, Professions
Beyond these serious to severe penal consequences, federal drug convictions have significant personal collateral consequences. They can disqualify you for a job in the health care industry, government, private security, law enforcement, many areas of the criminal justice system, and any other job requiring a security clearance.

They can, and most likely will, have adverse impact on your employment prospects with companies that routinely run criminal background checks prior to their decision to hire. They can also have a serious impact on your ability to rent a suitable residence as property owners also frequently run background checks, refusing to rent or lease to drug offenders.

Federal Drug Task Forces
Federal and state laws enforcement officials often work together on drug enforcement offenses. They generally employ “task forces” that generally target one individual with the hope that he or she will lead them to a wider network of suspects. The primary objective of these kinds of investigation is to develop reasonable, articulable suspicion to arrest the initial target with the hopes that law enforcement can pressure the individual into cooperating with them to make a case against the wider network.

Contact a Criminal Defense Lawyer with Experience
If you find yourself in a position facing a serious drug charge, you should immediately seek a qualified criminal defense lawyer who has experience defending individuals accused of serious drug charges. A skilled criminal defense attorney is more likely than not to develop a successful defense strategy against the drug charge, or, in the correct circumstances, to have the charge dismissed altogether.

Possible Defense.
Defenses against drug charges include: unlawful search and seizures, faulty crime lab analysis, lost or tampered with evidence, drugs that were planted, drugs that belong to someone else, entrapment, or the medical marijuana exception.

Developing these defenses requires a criminal defense lawyer who has the knowledge and experience necessary to apply the law to your case. In the proper circumstances your lawyer should have access to a team of investigators, paralegals, and experts, who can assist in providing a vigorous and thorough defense investigation, strategy preparation and trail plan that will lead to a successful outcome in the case.

The primary goal of the Quackenbush Law Firm is to produce the best outcome for our clients: dismissal of charges, acquittal at trial, verdict of a lesser offense, or the lowest sentence possible should a guilty verdict be rendered.

Reasonable Bail
A successful defense in a serious drug case begins with efforts to get you released on bail as soon as possible.

Obviously, detention in jail pending trail is not the best situation for our clients. No one wants to spend a day in jail. But pre-trial detention also interferes with our ability to communicate freely with our client and interferes with their ability to assist in preparing a defense. Pretrial detention is not good for the client, not good for the defensive strategy and interferes with personal obligations. Therefore, we demand bail in every case possible.

Too Many Lawyers Give Up
97 percent of all federal drug offenders plead guilty to a reduced charge or to a lower recommended sentence than would result from a trial. We do not, however, undertake a plea bargain strategy unless our client directs us to do so. If the Government proffers a deal, we are ethically bound to convey that deal to you. At that point it is our duty to convey to the client the pros and cons of such an agreement, including the legal ramifications and consequences of a guilty plea. But the ultimate decision to enter into a plea bargain rests exclusively with you. It is your life and we will respect whatever decision you make regarding plea agreement or trial, we stand behind you 100 percent and will fight for the best possible result under the circumstances.

Our legal system is supposed to be fair and just. We know that is not always the case. Our duty, as criminal defense attorneys, is to fight for the fairness and justice that the Government is not always willing to extend to our clients. The Government’s prosecution of drug crimes is often rife with prosecutorial misconduct, unethical behavior before and during the trial, and an overzealousness that translates into downright meanness. We provide our clients a safeguard against these Government actions.

At the Quackenbush Law Firm, we are dedicated to protecting the rights of people accused of drug crimes in both state and federal courts. Our firm is headed by Jesse Quackenbush, a Amarillo-based criminal lawyer who has helped countless clients across Texas defeat drug charges of all kinds, from complicated drug trafficking and distribution cases down to minor possession charges that would have had a major impact of the lives of our clients.

Mr. Quackenbush and his legal team have the experience, talent, and knowledge you need to fight back against overzealous prosecutors and law enforcement agents. With Jesse Quackenbush in your corner, you will be in the best position possible to have your drug crime charges dismissed or reduced and avoid the life-altering penalties to your freedom and future. Call now for your free consultation 855-350-4024.


HIGH PROFILE CRIMINAL DEFENSE:
YOUR LEGAL TEAM MUST CONTROL THE MESSAGE OR YOU WILL BE CONVICTED

Criminal cases become “high profile” for these reasons: a celebrity defendant; a celebrity victim; or very aggravating facts. When the media decides collectively to cover a case, for whatever reason, the accused is automatically elevated to higher standards then ordinary citizens accused of the same or similar crimes. Every action and comment by a “high profile” defendant or his/her attorney are under a spotlight. A loudmouth, egotistical lawyer can, with one comment, assure his/her client’s conviction, even if innocent. A lawyers positive demeanor in front of media cameras can sway an entire community and, most importantly, potential jurors. On the other hand, a lawyer’s egotistical or condescending attitude can ruin an innocent person’s chance for a fair trial. If a lawyer creates media attention by making unproven claims, unrealistic promises, those actions may very well cause a Judge to deny a request by the defense to change venue. Every single statement by your attorney needs to be calculated and well planned or dire consequences can result. Imagine your lawyer making these statements (on your behalf) to the media:
• “My client is seeking psychological counseling at this time, and needs more time to get his life in order.”
• “My client has chosen to exercise his 5th amendment right to refrain from speaking with the police.”
• “My client has offered to pay for the family’s damages.”
• “My client has decided against a polygraph exam based on the advice of counsel.”

Believe it or not, these comments have been made by some of America’s most famous criminal defense lawyers, and in some cases caused their clients to be convicted. Even worse, are those lawyers who simply do not know what or when to be proactive with the media. There are times when a lawyer must act and speak on his/her client’s behalf. To say or do nothing can lead to assumptions of guilt. Potential jurors will ask themselves “why isn’t he claiming his innocence if he didn’t do it?” Bill Cosby’s recent criminal case is a perfect example. The media will ask its viewers, readers or listeners to ask the same question. In these situations, the attorney must be prepared to act by issuing a media announcement or scheduling a press conference to speak words of innocence. For instance, quotes like these are very helpful under the right circumstances:
• “My client is innocent and will request a speedy trial from the Judge.”
• “My client has offered to undergo polygraph examination and stands willing to cooperate with police.”
• “The charges against my client are baseless and he will fight until the end to prove his innocence.”
• “The prosecutor in this case has brought these charges to enhance his career. The charges are false and my client looks forward to the truth being told at trial.”

As you can see, the wording and context can make a huge difference. If you hire an attorney with no media experience he/she may appear nervous or unsure and send the wrong message about the validity of charges against you. Your attorney needs to have a track record of being comfortable “handling” the media. The average person will form his/her opinions at the very moment he/she is exposed to media about your case. It is incumbent on your legal team to control the message. If nothing is done, the prosecutor or police statements will be taken as true. Opinions, once firmly established, are nearly impossible to change. This holds true for both sides of a criminal case. Because so many opinions are formed by media exposure, you must take charge from the beginning by helping shape the right message.

At Quackenbush Law Firm, we protect our “high profile” clients from the very moment we are hired by doing the following:
• Issue immediate media announcement proclaiming innocence.
• Schedule immediate press conferences to refute charges, offer rewards for information (if applicable), and advise of investigatory efforts taking place
• Hire expert witnesses to assist with defense issues, examine evidence and execute confidentially agreements
• Collect evidence, witness statements and affidavits
• Retain image consultants and publicists (if necessary)
• Advise clients of increased security needs, and controlling friends and family communications including social media usage.
• Filing immediate motions for discovery of all evidence held by the police or prosecution
• Background searches on all State witnesses
• Physical and social media surveillance of all witnesses or other subjects with connection to the case
• Order independent defense DNA tests, autopsies and/or toxicology examinations
• Schedule polygraph exams for witnesses (if appropriate)
• Photographing and preserving all evidence available
• Subpeoning phone records of witnesses

The latest high profile case at Quackenbush Law Firm involved a young couple from California, accused of murdering their autistic child while passing through Amarillo, Texas. The family called Attorney, Jesse Quackenbush for help. We have arranged the media coverage chronologically so you can see the importance of controlling the message. The parents have not been charged with a crime, their children have been returned and they will probably file civil lawsuits against the police and CPS for violating their civil rights.

AMARILLO LOCAL NEWS: FAMILY SAYS VICTIM FOUND IN LAKE IS MISSING CHILD, ALEXIS WARTENA
Posted on July 22, 2016 by Jesse Quackenbush, Attorney

KFDA – NewsChannel 10 / Amarillo News, Weather, Sports

4:04 p.m.: Relatives of Alexis Wartena confirm that the young female victim found at a playa lake Wednesday morning was their beloved 7-year-old, Alexis Wartena.

The family remained in close contact with police Wednesday as the search for Alexis continued and were notified when officers came across a body at T-Anchor Lake, a shallow body of water near the La Kiva Motel.

Special Crimes only identified the victim as a young female and said an autopsy scheduled for Thursday in Lubbock is expected to reveal more information.

The Amarillo Police Department suspended the search for Alexis Wartena Wednesday afternoon.

Police have suspended the search for a young child who disappeared from an Amarillo motel early Tuesday evening.

Amarillo Police Department’s Jeb Hilton confirmed the decision Wednesday afternoon. The announcement concludes an extensive search for 7-year-old Alexis Wartena, a rescue effort that spanned nearly 19 hours and focused primarily around the La Kiva Motel in eastern Amarillo.

A Special Crimes investigation is ongoing.

The Wartena family informed police that they stopped in Amarillo to rest from travel. Alexis, a nonverbal girl with autism and one of the family’s five children, was able to escape the motel room without detection around 5 p.m.

Police issued a public alert regarding Alexis’s disappearance about an hour later. Personnel from several area agencies quickly responded to the area and began searching buildings next to the motel and a playa lake nearby before moving south of the interstate overnight.

A canine search of the land nearby failed to show any indication of Alexis being there. APD, the Randall County Sheriff’s Office, Department of Public Safety, Hutchinson County Sheriff’s Office, Parks and Wildlife and other agencies continued searching the area on foot, horseback and air throughout the evening.

APD’s Dive Team conducted underwater searches at T-Anchor Lake, a playa lake located just north of the motel.

Dive teams reentered the lake Wednesday morning as the search continued and found a body later identified by Special Crimes as a young female. Investigators did not say the victim was Alexis. An autopsy is scheduled for Thursday in Lubbock.

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Pictured above: Alexis Wartena. Photo Courtesy News Channel 10.

Anyone with information is asked to call 806-378-4248

Story provided by Amarillo News Channel 10. Lubbock Avalanche-Journal also reports on this story.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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AMARILLO ACCIDENTAL DEATH: AMARILLO HAS ‘BROKEN HEART’ OVER DISCOVERY OF MISSING GIRL’S BODY
Posted on July22, 2016 by Jesse Quackenbush, Attorney

Picture2 Picture3
Photos provided Amarillo Globe-News

The discovery of a little girl’s body in the waters of T-Anchor Lake behind La Kiva Hotel on Wednesday cast a dark cloud over Amarillo.

Alexis Wartena, 7, went missing from the hotel mid-afternoon Tuesday. Police on foot, horses, boats and a helicopter searched fields, structures, vehicles, parking lots, drainage ditches and lakes for her all night and into Wednesday morning.

Searchers’ and the family’s worst fears were realized Wednesday when police saw something floating in the lake, which divers had searched several times the night before.

Millicent Carlton, the child’s aunt, confirmed that it was Wartena’s body police recovered.

Two police officers held a tarp for privacy as eight others stood in somber silence, heads bowed. Then they carried her to the La Kiva parking lot, where her body was placed on a cart and then into a vehicle.

Alexis’ autopsy is scheduled for Thursday in Lubbock, police said.

She was a child with nonverbal autism, her family told investigators. Alexis’ special situation called for a huge search effort. First responders from Potter and Randall counties employed every means possible, including volunteers, to find the missing child.

According to a missing person notice put out to assist in the search, she could get around “very well,” but didn’t speak. However, she would respond to her name.

Alexis had four siblings, Carlton said, and three of her four siblings also have autism. Along with their parents, Michael and Tiffany Wartena, they were staying on the ground floor.

Carlton, who is Tiffany’s sister, said Tiffany went to use the restroom and Alexis got out of the hotel room.

“She was a beautiful little girl, absolutely beautiful,” Carlton said. “My sister is beyond devastated.”

The family had stopped in Amarillo while driving from Chicago back to Beaumont, Calif.

“They were just trying to do the best for their children,” Carlton said. “They were trying to find a new house, a new life.”

Carlton and her husband Mike were on vacation in Oklahoma when they received a call from Alexis’ mother, breaking the bad news.

“She just called us hysterical, asking how fast can you guys get here,” Mike Carlton said.

The deceased girl’s parents are upset about whether there is sufficient fencing around the lake area, Millicent Carlton told a journalist Wednesday evening.

“You tell me, if that fence was up, would that little girl have gotten out?” she said.

As is often the case with such tragedies, questions linger about how such an event could occur.

Alexis’ vulnerability only augments these concerns.

Gallery – View photos from the search

A unique challenge

“I feel like many people think either the parents or the hotel are liable,” Amy Simpson, a board-certified behavior analyst and one of the coordinators at Amarillo Applied Behavior Analysis, told the Amarillo Globe-News on Wednesday afternoon. “But that’s just not the case.”

Amarillo ABA has been open for two years, and currently educates and counsels about 18 children with autism. Twelve of those are children with nonverbal autism.

According to Simpson and her colleague Sinci Rios, it is quite common for children with autism to venture out on their own. Any number of factors could contribute to a child with nonverbal autism running away from their parents.

“If they see something very reinforcing, they will work to get to it,” Simpson continued. By “reinforcing,” the behavior analyst meant something the child likes.

“If she was hot and wanted to swim, she could have gone off to do that without being aware of her surroundings.”

Rios added that children with this form of autism often have “tunnel vision” when it comes to getting something they want. Although nonverbal autism is a wide and varied condition, it always entails difficulties with communication. This means that often children will go to great lengths to reach something upon which they are fixated, since it is difficult for them to express their desires, she explained.

Finding a missing child, which is of the utmost importance to officials involved in the search, is already a difficult task. Alexis’ form of nonverbal autism made a search-and-rescue effort even more challenging, but it also made parenting incredibly difficult, according to Rios.

“If you have a child with nonverbal autism, you have to be on high alert all the time,” Rios continued. “You’re always guessing what they want, and if there was something bothering the child … then that also could have motivated her to leave.”

The most recent study offering hard numbers on missing children was completed by the U.S. Department of Justice in 2002. It showed that 797,500 children went missing in 2001. Upwards of 300,000 of these children were abducted, and many more wandered off on their own or suffered other incidents that separated them from parents or guardians.

Simpson stressed it’s too early to point fingers or blame.

“It could have happened to anyone, anywhere. Think about Medical (Center) Park, There are no fences around the water there, either.”

Behind the La Kiva Hotel is a parking lot and hill that slopes downward toward T-Anchor Lake, where the body was found. Adjacent to La Kiva is the Sleep Inn, which has a fence to separate the hotel grounds from the body of water.

Law Digest, a U.S. law specialty site, says that hotels are not legally responsible for the absolute safety of guests. Hotels, they say, “may be found negligent if they knew or should have known, upon reasonable inspection, of the existence of a danger or hazard and failed to take action to correct it and/or warn guests about it,” and that “hotels have an affirmative duty to inspect and seek out hazards that may not be readily apparent, seen or appreciated by patrons and guests.” But it also says, “the law does not protect hotel guests from their own negligence,” and “open and obvious” hazards are not a basis for liability.

According to police, La Kiva did not have any security camera footage of any area other than the guest lobby and check-in desk.

Video surveillance is often taken for granted, and it can greatly assist in investigations such as these, but video surveillance is not required by law.

The Globe-News contacted La Kiva Hotel twice Wednesday for comment, but did not receive a response. Multiple news reports say the hotel has started a GoFundMe care fund for the grieving family.

“No one should be mad at this mom, or this dad, or these siblings,” said social worker and patient advocate Alanna Hepler, who works at ProStep Rehab, which specializes in pediatric, occupational, physical and speech therapy services.

“There’s nothing that the hotel could have done, either,” Hepler said. “The type of attention and monitoring that our children require is demanding. They just slip out. It’s a horrible accident.”

Hepler’s son, Ethan, was diagnosed with nonverbal autism in 2010. She spoke emotionally about the joys and difficulties of raising her son with all the special attention he requires.

“There was the longest time when he wouldn’t even respond to his name,” she said. “Ethan is like Alexis: he hasn’t spoken a word since he was 18-months-old. He loves the water, and will wander. He walks softly, and is small in stature like Alexis. They’re just adorable, but they are quiet.”

Hepler hopes the community will become more aware of the unique circumstances that surround a case like this, she said, and how to appropriately respond to the needs of those with nonverbal autism.

“They don’t have the ability to cry out for help. We as a community have to be aware that children like this aren’t going to respond to many vocal cues,” she said. They also don’t have that safety awareness that is instilled by parents or guardians in most children in a similar age group.

“What happened to Alexis is our worst fear. Not just as parents, but I think our caregivers, our teachers, our therapists … It just takes one moment of inattention, and then you turn around and just like that they’re gone. The autism community in Amarillo has a broken heart.”

Hepler also hopes the citizens of Amarillo will organize to show support for the Wartena family.

Story provided by Amarillo Globe-News.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

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Toll Free: (855) 350-4024
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AMARILLO LOCAL NEWS: ALEXIS WARTENA’S FAMILY SPEAKS ABOUT TRAGEDY
Posted on July 22, 2016 by Jesse Quackenbush, Attorney

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Photo provided by Amarillo KAMR 4.

Alexis Wartena’s family members have spoken out after hearing that she was missing last night.

“We were just visiting some family and that’s when my sister called and she was hysterical,” said Millicent Carlton, Alexi’s aunt.

Seven year-old Alexis Wartena and her family were enjoying their summer vacation. But now the immediate and extended families are making funeral arrangements.

“Then this morning they broke the news to us,” said Carlton.

Although Amarillo Police have yet to confirm if the body is Alexis, Carlton tells us that police told the family this morning.

“My mom is very emotional very upset. My other sister lives in upstate New York she’s just waiting to see what she needs to do. Other family has been in contact and we’re just waiting,” said Carlton.

The aunt tells us this isn’t the first time Alexis has gotten out, in fact she says it happened all the time but they always ended up finding her.

That’s why they thought this incident would be different. She tells us she thought her niece would be found in someone’s backyard.

“I wish it was a better ending. Just love your children, keep an eye on your children at all times. I wish Alexis was here with us. It’s heartbreaking,” said Carlton.

Now what the aunt tells us she’s angry about this entire situation is the unfenced part of the lake.

She says if the Kiva Hotel had fenced the entire area, her niece would not have been anywhere near the lake.

We spoke to the supervisor of the Kiva Hotel about why that section wasn’t fenced in and he told us to talk to the city because it was their fence.

We reached out to the city for comment and we were told we couldn’t get a response by today.

Story provided by Amarillo KAMR 4. Kiss FM also reports on this story.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

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NATIONAL NEWS: BODY FOUND IN SEARCH FOR MISSING 7-YEAR-OLD AUTISTIC GIRL WHO WANDERED FROM TEXAS MOTEL
Posted on July 22, 2016 by Jesse Quackenbush, Attorney

Picture1
Photo provided by Inside Edition.

Police searching for a missing 7-year-old autistic girl have pulled the body of a “young female” from a nearby lake in Texas, authorities said.

Alexis Wartena disappeared Tuesday afternoon from an Amarillo motel where her family was staying.

Read: 5-Year-Old Missing Autistic Boy With No Shoes And No Coat Found Dead In Canal

Divers searching the lake Wednesday pulled “the body of a young female” from the water, but declined to say whether it was the missing child.

Amarillo Police Department spokesman Jeb Hilton told InsideEdtion.com “I can’t confirm or deny” that the remains were little Alexis.

An autopsy is scheduled for Thursday morning, he said.

Alexis was last seen at about 3 p.m. at the La Kiva Motel, where she was staying with her parents and four siblings.

Read: Driver Arrested In Death Of Boy With Autism Who Was Left On Bus For Entire School Day

Her parents said she disappeared while being out of their sight for just a few minutes.

Police searched every room in the hotel, as well as lodgings at the Sleep Inn Motel next door. Dogs were used by officers combing nearby areas, and volunteers looked in surrounding neighborhoods.

The blue-eyed, blond-haired child did not speak, but did respond to her name, police said.

Watch: Dad Charged With Neglect After Twin Daughter With Autism Dies in Hot RV

Story provided by Inside Edition. NBC DFW also reports on this story.

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NATIONAL NEWS: CHILDREN WITH AUTISM ARE NATURALLY DRAWN TO WATER, AND MOST DON’T UNDERSTAND THE DANGERS

Posted on July 22, 2016 by Jesse Quackenbush, Attorney

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The scene where 7 year-old Alexis Wartena’s body was found. Photo courtesy Amarillo News Channel 10.

Alerting the community to the dangerous attraction to water held by many children with autism has become the mission of the Autism Society of the Heartland and Colwich, KS, mother Sheila Medlam.

For five beautiful years, Medlam spent her days and nights with son Mason; laughing, dancing and reading.

“He was amazing. He was absolutely the best son anyone could have,” she said. “He was the other half of my soul.”

Diagnosed with severe autism, Mason was totally non-verbal. But Medlam says that didn’t stop her son from living life. When he saw fun, she says he went for it.

“He would elope a lot. Which would be where we would be with him and if you let go of his hand, he would immediately take off for whatever he saw that grabbed his attention,” Medlam said.

It’s something many children with autism do and experts call it wandering. Jennifer Smith, president of the Autism Society of the Heartland, prefers to refer to it as “kids on a mission”.

“They know where they want to go,” Smith said. “They want to go down the street. They want to go to that pool. They want to play with that dog. They want to see their friend. But yet, they are not communicating that to us. They also fear no danger.”

On July 27, 2010, Mason went on a final mission. When the air conditioner went out in the family’s Colwich home, Medlam propped small fans in the bedroom window.

“He had pushed the fan and the screen through the window, taken all his clothes off and escaped through an 8-inch opening,” Medlam said.

A short 17 minutes after that escape and 30 emergency crews on the hunt, it was Medlam who found Mason in a shallow pond across the street, only a quarter of a mile from home.

“He was face down in the water,” she remembered. “I’m looking down at my son who has a blue mouth and a blue nose and completely lifeless and I’m thinking to myself, ‘What do I do? How do I get the water out of him?’”

Mason died two days after that discovery.

“It shattered us,” Medlam said.

The Kansas mother learned drownings like this are all too common among children with autism. In fact, it’s the leading cause of death.

“Almost every autistic child is drawn to water. They will play with water for hours and hours and hours,” she said.

According to Smith, “When a child is in water, it is like this big hug that they’re relaxed and comfortable in water.”

In 2012, the Centers for Disease Control and Prevention estimated that one in 88 is diagnosed with some form of autism. When Smith learned of the drowning deaths of several children with autism across the country early this summer, she decided to take action and partner with the YMCA to offer water lessons specifically designed for children with autism.

Aquatics Director Courtney Meyer designed the one-on-one format being taught.

“Our goal is not to teach them to swim; the stroke development,” Meyer said. “Our goal is to get them oriented to the water to learn safety skills.”

For instance, Meyer says the class focuses on teaching children to blow bubbles to avoid breathing in water.

“Blow it out like a birthday cake. Blow your candles out,” Meyer said.

Kendra Young’s 5-year-old daughter Bianca is enrolled in the swim classes for children with autism. It’s popular with mother and daughter for very different reasons.

“I like swimming,” Bianca said.

After six weeks of classes, Young says the progress her daughter has already made gives her some needed peace of mind for her sometimes wandering ways.

“She’s drawn to water, very much so,” Young said. “We have pond behind our house. So she’s always jumping in water.”

Medlam hopes all parents who can, will take advantage of these lessons.

“You have to layer your child with levels of protection,” she said. “If you can give them water-safety skills, that’s amazing.”

The Autism Society of the Heartland hopes to create a comprehensive campaign on water safety, beyond the swim lessons. They want to train local emergency personnel to react differently when looking for a child with autism; to begin their searches at the closest body of water. The group believes it’s a change that will save the lives of children like Mason.

“Every night I ask God to watch over my son ‘til I can have him again,” she said.

Medlam has a website dedicated to the deaths of children like Mason (www.masonalert.org) and her mission to alert the world to the dangers of wandering and water.

To learn more about the Swim and Safety Program and the Autism Society-The Heartland visit www.asaheartland.org.

Story provided by KCTV 5. ABC Action News Also reports on this story.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

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(505) 301-9888 (C)
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AMARILLO LEGAL NEWS: SIBLINGS OF ALEXIS WARTENA REMOVED FROM FAMILY BY CPS, PARENTS CONSIDER LEGAL ACTION
Posted on July 22, 2016 by Jesse Quackenbush, Attorney

KFDA – NewsChannel 10 / Amarillo News, Weather, Sports

Alexis Wartena’s parents struggled to keep composure on Friday; their tears told of their grief for their dead daughter and their ongoing effort to get their four other children back from state custody.

“All I want to do is get my kids back so I can go home and grieve,” Alexis’s mother, Michael Tiffany Stewart, said.

Stewart smiled as best she could when she described how having an autistic member of the family was challenging.

“It’s harder. She needed more supervision and care. But we were happy. She was a happy little girl”

Alexis, a nonverbal, 7-year-old girl with autism and one of the family’s five children, escaped from the family’s room at the La Kiva Motel without detection around 5 p.m. on Tuesday. The Californian family had made a travel stop in Amarillo as a midway point in their drive home from a vacation in Chicago.

Stewart said she went into the bathroom, and when she returned came to the shattering discovery Alexis was missing.

The family called 9-1-1 to report Alexis’s disappearance. The Amarillo Police Department issued a public alert shortly after, which set in motion a widespread search effort by multiple area agencies into the evening hours.

Authorities found her body Wednesday morning in T-Anchor Lake, a shallow body of water located just north of the motel. An autopsy conducted the following morning revealed she drowned.

After Alexis was found, the Wartenas said Child Protective Services removed the other four children from their custody. Per procedure, evidence from the parents was also collected by police as they investigated the young child’s death.

The Wartenas’ first hearing with CPS to get their children back is scheduled for August 2, 2016.

The family, however, is considering legal action and have already hired a lawyer in their pursuit to return home.

Amarillo attorney Jesse Quackenbush is representing the Wartena family in their confrontation with the City of Amarillo, demanding an internal investigation of the police officers that Michael Wartena said had “repeatedly tortured emotionally” Michael Tiffany Stewart.

A copy of the demand letter is below can be found chere.

City Attorney Mick McKamie was unavailable for comment.

The father of the dead child, Michael Wartena, is accusing police of keeping him from continuing his frantic search for his daughter, instead interrogating him and his wife for hours.

“They took the sheets and blankets off our beds in our hotel rooms, so we didn’t even have a place to sleep,” Wartena said.

“Suitcases, toothbrushes, hair brushes, all my kids’ clothes, all my clothes… They left shoes, that was it,” Stewart said. “They went through our truck, took everything out of our truck, one by one.”

RELATED: Body found at lake confirmed as missing child | Police search for missing 7-year-old Alexis Wartena

Story provided by Amarillo News Channel 10.

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jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
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POLICE MISCONDUCT: SIBLINGS OF DROWNED CHILD, ALEXIS WARTENA, REMOVED FROM FAMILY
Posted on July 23, 2016 by Jesse Quackenbush, Attorney

KFDA – NewsChannel 10 / Amarillo News, Weather, Sports

On Friday, July 22, 2016, Quackenbush Law Firm conducted a press conference to give News Channel 10 an exclusive interview with the parents of Alexis Wartena, a 7-year-old girl with autism who was found in a lake behind La Kiva Hotel, where they were staying on their way home from a family vacation.

When Alexis went missing, Amarillo Police responded in the worst way possible: Accusing the parents of murder and tearing their family apart in this time of grief. Despite documented studies confirming that children with autism have a tendency to wander away, Amarillo Police chose to respond with suspicion and removed the other siblings from the home, placing them in state custody.

Video provided by Amarillo News Channel 10.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
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jesseqlf@gmail.com
(505) 301-9888 (C)
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POLICE ABUSE: PARENTS OF ALEXIS WARTENA, MICHAEL WARTENA AND TIFFANY STEWART, ALLEGE ‘MENTAL TORTURE’ BY POLICE
Posted on July 23, 2016 by Jesse Quackenbush, Attorney
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Photos provided by Amarillo Globe-News

The siblings of Alexis Wartena, the seven-year-old child with nonverbal autism who was found drowned in the T-Anchor Lake behind La Kiva Hotel on Wednesday, have been taken from their parents by Child Protective Services, according to a lawyer who says he represents them.

Amarillo attorney Jesse Quackenbush said four children had been taken from Michael Wartena and Tiffany Stewart shortly after Alexis was reported missing Tuesday evening, before her body was discovered Wednesday morning.

An initial hearing with CPS has been set for Aug. 2, Quackenbush told the Amarillo Globe-News.

Quackenbush said he has filed a formal complaint with Amarillo Interim Police Chief Ed Drain, alleging that after APD officers arrived at the hotel they stopped the parents from continuing their own independent search for their daughter, “and began a six hour investigation designed to mentally torture the mother into a confession,” according to the complaint.

Furthermore, his letter claims, the mother was “repeatedly tortured emotionally” by “accusations of murdering her daughter.”

Quackenbush requested an APD internal investigation into the conduct of the police during their investigation of the event.

The formal complaint goes on to outline alleged threats and intimidation against the parents, including “criminal prosecutions and loss of custody of their children unless they submitted hair, fingerprint and blood samples.”

“All of [the Wartena’s] personal belongs were seized, probably without a warrant, and definitely without probable cause or consent,” the letter said, which is an alleged violation of the couple’s Fourth Amendment Constitutional rights which guard against unreasonable search and seizure.

Quackenbush said that the reason he sent the letter of complaint to Drain was to expedite the process of reuniting the children with their parents, and to send them on their way.

When contacted for comment, Drain told the Globe-News that as soon he received the letter on Friday morning, “I launched an immediate internal investigation. Now that it is an active internal investigation, we cannot comment on it.”

The Globe-News spoke with Quackenbush about the letter Friday evening. He said that he and his legal team hope to have a meeting with relevant city officials on the matter Monday, although nothing is set in stone.

When asked if the family was staying in Amarillo on their own dime, Quackenbush responded that the family “has no dime.” He said that he is trying to gather funds to pay for their lodging and living expenses. At the time of their daughter’s death the family was traveling from Chicago, returning home to California at the end of a vacation. Currently the family has received enough money to stay in Amarillo for another week, Quackenbush said, and that a bereavement counselor is now also working with the family pro-bono.

Even though the preliminary autopsy findings found the cause of Alexis’ death is drowning, there has been no final determination of the manner of death. However, Quackenbush said that police “told the family that this is an accident drowning.” At the time of the search, the hotel parking lot and surrounding area had been cordoned off, suggesting that the search may have turned into a criminal investigation.

See Quackenbush Law Firm’s Complaint against Amarillo Police Department complaint.

Story provided by Amarillo Globe-News. Amarillo KAMR 4 also reports on this story.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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CIVIL RIGHTS VIOLATIONS: SIBLINGS OF DROWNED CHILD REMOVED FROM WARTENA FAMILY, PARENTS MICHAEL WARTENA AND TIFFANY STEWART CONSIDER LEGAL ACTION:
Posted on July 23, 2016 by Jesse Quackenbush, Attorney

KFDA – NewsChannel 10 / Amarillo News, Weather, Sports

AMARILLO, TX (KFDA) – The parents of Alexis Wartena couldn’t hold back the tears Friday that told of their grief for their dead daughter and their ongoing effort to get their four other children back from state custody.

The family of 7-year-old Alexis Wartena, a young child with autism who drowned earlier this week, has now been split apart as investigations into her death continue. Alexis’s parents sat down with NewsChannel10 to talk about the ‘nightmare’ that hasn’t ended since Tuesday evening.

“All I want to do is get my kids back so I can go home and grieve,” Alexis’s mother, Michael Tiffany Stewart, said.

Stewart smiled as best she could when describing how having an autistic member of the family was challenging.

“It’s harder. She needed more supervision and care. But we were happy. She was a happy little girl.”

On mobile? Watch the extended interview here.

Alexis, a nonverbal girl with autism and one of the family’s five children, was able to escape their room at the La Kiva Motel detection around 5 p.m. Tuesday. The Californian family was stopped in Amarillo as a midway point in their drive home from a vacation in Chicago.

Stewart said she went into the bathroom and returned to the shattering discovery Alexis was missing.

The family called 9-1-1 to report Alexis’s disappearance. The Amarillo Police Department issued a public alert shortly after, which set in motion a widespread search effort by multiple area agencies into the evening hours.

Authorities found her body Wednesday morning in T-Anchor Lake, a shallow body of water located just north of the motel. An autopsy conducted the following morning revealed she drowned.

After Alexis was found, the Wartenas said Child Protective Services removed the other four children from their custody. Multiple family members have attempted to regain custody of the children but have been denied.

Per procedure, evidence from the parents was also collected by police as they investigated the young child’s death. As of Friday, no charges have been officially filed.

The Wartenas’ first hearing with CPS to get their children back is scheduled for August 2.

The family, however, is considering legal action and have already hired a lawyer in their pursuit to return home.

Amarillo attorney Jesse Quackenbush is representing the Wartena family in their confrontation with the city of Amarillo, demanding an internal investigation of police officers Michael Wartena said had “repeatedly tortured emotionally” Stewart.

City Attorney Mick McKamie was unavailable for comment.

The father of the dead child, Michael Wartena, is accusing police of keeping him from continuing his frantic search for his daughter, instead interrogating him and his wife for hours.

“They took the sheets and blankets off our beds in our hotel rooms, so we didn’t even have a place to sleep,” Wartena said.

“Suitcases, toothbrushes, hairbrushes, all my kids clothes, all my clothes… They left shoes, that was it,” Stewart said. “They went through our truck, took everything out of our truck, one by one.”

The parents were able to see their children this morning for a brief time. They say the kids are confused and want to go home.

Story provided by Amarillo News Channel 10.
Amarillo KAMR 4 also reports on this story.

Click here to read the Texas Department of Public Safety Amber Alert Criteria.

If you have any questions or need legal advice, feel free to contact me directly

at your convenience.

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Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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Posted in Amarillo Accidental Deaths, Amarillo Attorney Disclosures, Amarillo Legal News, Amarillo Local News, Amarillo News, Amarillo Wrongful Deaths, California Family Being Illegally Detained By APD, Civil Rights Violations, National News, Police Abuse, Police Misconduct,

 

 

DANGERS OF AUTISM: BROKEN PARENTS SCREAM, “STOP SAYING AUTISM ISN’T DEADLY”
Posted on July 23, 2016 by Jesse Quackenbush, Attorney

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Police in Parker County called off the search for James Charles “Jimmy” Eader, 15, because he was found deceased… reportedly another victim of the deadly wandering trait of autism. Jimmy is said to be the fourth victim of an autism-related wandering death in just a week, and parents within the autism community are demanding that the medical community cease referring to autism spectrum disorder as “non-deadly.”

Jimmy Eader had been last seen at 2:00 in the afternoon on the 100 block of Bluff Heights Drive in Weatherford, according to the Parker County Sheriff’s Office. The teen, like thousands of children with severe autism, was non-verbal. Jimmy, like thousands of other children on the autism spectrum, suffered from seizures. Jimmy’s body, like the bodies of hundreds of autistic children before him, was found in water and was declared a drowning. Jimmy was found on his property in a swimming pool.

The Parker County Sheriff’s Office said there is no indication of foul play. Jimmy, like so many other children with autism, was drawn to water and drowned. He had missed two doses of his medication by Thursday night after he had wandered away, according to the Dallas Morning News. The Sheriff says that the autistic teen’s family is, as we would expect, completely devastated.

Savannah Martin was 2-years-old when she was diagnosed with severe autism. Beth Dilg, Savannah’s mother, constantly watched her daughter.

“I did everything I could for her. I thought she was safe,” Dilg reportedly told America Tonight, after her daughter’s autism also turned deadly. “I was always with her.”

It only takes a second, parents learn, for a child with autism to bolt or wander off. In 2011, 7-year-old Savannah had returned home from church. During the four minutes it took Dilg to heat a bowl of noodles in the microwave, Savannah’s mother used the bathroom. When the toilet flushed, she heard the front door close.

Savannah immediately headed to a pond less than 50 yards from her house, past a barbed wire fence. After Savannah drowned, Child Protective Services found Dilg guilty of neglect leading to her daughter’s death. CPS claimed that the child should have been brought to the bathroom with her. Eventually, Dilg was cleared of neglect, but the charge demonstrates, according to autism experts, a lack of understanding of the deadly nature of autism-related bolting. Some parents are never even warned to expect wandering, nor told how fast it happens.
They will wait for their chance to bolt away,” Lori McIlwain, co-founder of the National Autism Association, explained. “This is a fight-or-flight response. And the unpredictability of it is what makes it so very dangerous.” Lori’s own son, Connor, was seven-years-old when be bolted out of his school.

“Kids with autism, they are fascinated with certain topics, and for him, it was highway signs,” Lori explained. “So, he headed out on foot to the highway to find his favorite exit sign.”

Connor was thankfully rescued by a driver, but the event was so terrifying that McIlwain began tracking how common autism-related bolting, also termed “eloping” or “wandering,” actually is. 35 percent of parents surveyed say their autistic children attempt to wander at least once every week, according to researchers at the Kennedy Krieger Institute and the Interactive Autism Network. Nearly a third of children with autism try to wander multiple times every day. Parents report that their children’s goal destinations are almost always either roads or water.

“Children and adults who cannot speak, recognize danger, or understand ways to keep themselves safe are the most vulnerable people living in the country today,” McIlwain declared at a Capitol Hill briefing autism-related wandering and bolting.

One mother of an autistic child explains how erroneous she feels it is when the medical profession claims that autism is not deadly.

“Our kids have no sense of danger –not in a helpful way. (I have mentioned before that my son’s fear of bees and other flying insects is more likely to kill him as he tries to get away from them). They are wanderers –for whatever reason, they love to go off on adventures…. the problem with these adventures is that they get lost, or they take them when it’s freezing outside and they are under dressed, they find water –they always find water –I’m convinced that the leading cause of death for autistic kids is drowning.””

On Facebook, the same mother was even more candid about the deadly nature of autism, after reading the most recent reports of the 15-year-old Parker County boy found in his family’s swimming pool.

“4 #‎Autism #‎Wandering #‎Deaths This week. Four.
But hey, at least they never got #‎Measles
#‎FUA #‎REALAutismAwareness Autism IS Deadly.
I’m learning to hate summer… we lose 20 or more each year. But there is no epidemic. There is nothing to see here… go get your flu shot.””

Unsurprisingly, drowning actually is the leading cause of death for children with autism, Science Daily reported. The National Autism Association says that “drowning accounted for approximately 90 percent of total U.S. deaths reported in children with autism ages 14 and younger subsequent to wandering/elopement…”

Story provided by Sensory Swim.
http://sensoryswim.com/broken-parents-scream-stop-saying-autism-is-not-deadly

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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CALIFORNIA FAMILY BEING ILLEGALLY DETAINED BY APD: CHILD’S DEATH RULED ACCIDENTAL. FAMILY CRITICAL OF APD GIVING UP SEARCH BECAUSE OF DARKNESS
Posted on July 22, 2016 by Jesse Quackenbush, Attorney
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Photo courtesy Amarillo Globe-News.

The California parents who tragically lost their 7 year-old daughter, Alexis Wartena, in a drowning accident in Amarillo earlier this week, are now confronting almost unimaginable obstacles in their effort to get home and heal.

The family has reached out to the legal community for help in their nightmarish struggles with Amarillo Police and Child Protective Services. According to the family’s attorney, Jesse Quackenbush, the family has been illegally detained, and their Fourth Amendment rights have been violated.

“APD was called minutes after the child went missing. When they showed up, they immediately started accusing the mother of murdering her child; then, they separated the parents and questioned each for six hours. The mother and father both explained that their daughter suffered from severe autism and regularly wandered off. Neither parent had a history of child abuse or used drugs; neither had a criminal history. The father is a physical therapist, and the mother stays home caring for the children. They were on a family vacation. The parents begged to be released from custody so they could help with the search, but their pleas were refused. Instead, all of their belongings were confiscated. Clothing. Toothbrushes. Everything. The parents were then forced to give hair and blood samples. Finally, CPS showed up and confiscated their children. These heartbroken parents were treated like murderers,” Quackenbush said.

Autopsy results were returned today that proved the drowning was accidental. The parents repeatedly called CPS and APD, begging for the return of their children. They were ignored.

According to each parent, they attempted to explain to the police the nature of their daughter’s severe autism, including her dangerous attraction to water. The police ignored this information and wasted valuable time, time which could have been spent searching for Alexis rather than a Gestapo-like interrogation of the parents.

Attraction to water is a well-documented phenomenon with severely autistic children. As police have reported, Alexis was found the next morning face-down in the lake — just 100 yards from the room where they wasted time interrogating the parents.

The parents are critical of Amarillo Police Department for their idiotic decision to stop searching for Alexis because of darkness. Amarillo Police Department has issued conflicting statements about the search — claiming that they continued the search throughout the evening, and then claiming to local Amarillo TV station, KAMR 4, that they discontinued the search when it became too dark.

The family called Quackenbush Law Firm for assistance. Attorney, Jesse Quackenbush, agreed to represent the family in any criminal matters brought in the future, which are related to the death of their daughter. Mr. Quackenbush contacted family law specialist, Tim Pirtle, who has also agreed to represent the family pro bono in their struggle with CPS. Pirtle and Quackenbush are urging members of the community to call county attorney, Scott Brumley, to dismiss and refuse to prosecute the completely baseless complaint filed by CPS against the parents.

A hearing has been scheduled for August 2, 2016, but the family has no financial resources or housing accommodations to allow them to stay in the area and be with their children until the hearing. Quackenbush Law Firm is requesting any assistance from the community to aid this family in their effort to regain custody of their children and return to their home in California. Call 806-374-4024 to help out today.

Tonight, the family was allowed visitation with their deceased daughter for the first time. This took place at Cox Funeral Home in Amarillo. Tomorrow, attorney, Jesse Quackenbush, intends to file a formal complaint with the Chief of Police at the Amarillo Police Department and request an internal investigation of the extremely insensitive, unethical and constitutionally violative conduct of the homicide detectives and officers handling this case. According to Quackenbush, the Amarillo Police Department has violated his clients’ constitutional rights under the Fourth Amendment of the United States Constitution, and he intends to file a claim against the City of Amarillo pursuant to 42 U.S.C. § 1983 of the Civil Rights Act.

Quackenbush also commented, “I thought that Amarillo Police Department was making great efforts to get rid of its thugs, but apparently, a few still remain. What’s happening to this family is a governmental atrocity, and the community needs to stand together against this type of police behavior.”

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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AMARILLO POLICE ABUSE: COPS ARE GUILTY OF EXCESSIVE FORCE AND TUNNEL VISION IN BOTCHED INVESTIGATION OF GIRL’S DEATH
Posted on July 22, 2016 by Jesse Quackenbush, Attorney

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Pictured above: Police confiscating Alexis family’s possessions. Alexis Wartena, and Alexis Wartena’s parents grieving

Photos provided by: Inside Edition

UPDATE: Yesterday, Attorney Jesse Quackenbush put a stop to APD’s further torture of two California parents who tragically lost their 7 year-old autistic daughter in a drowning accident.

As reported earlier, APD arrived at the La Kiva Hotel within minutes of the 7 year old girl’s disappearance. Instead of allowing her panicked parents to continue their frantic search for their daughter, the police separated the parents and began a six hour investigation designed to mentally torture the mother into a confession. The thug cops berated her as a parent and repeatedly accused her of murdering her daughter. At that point, there wasn’t even a body! Instead of focusing efforts and resources on a desperately needed search, the bungling cops resorted to tunnel vision and focused on interrogation. Sometime during that six hour period, the 7 year old drown in the small pond just a few feet away. Once the terroristic tactics ended, APD’s “finest” decided to confiscate all of the family’s possessions including clothing, toiletries and cellphones. Finally, they called in CPS to step up the pressure and take their kids away.

Lost and confused, stricken with unbearable grief, the parents called Quackenbush Law Firm for help. Within hours, attorney Jesse Quackenbush ordered the police to stay away from his clients and return their possessions. The police, with rolling eyes and sarcasm, returned the family’s possessions and left the parents alone.

This morning, Quackenbush filed a formal complaint with Amarillo Police Department’s Chief of Police, Ed Drain requesting a formal investigation of the police conduct. The children are still in CPS custody and the family is being denied reasonable visitation. The parents are now forced to wait for a child abuse hearing scheduled for August 2, 2016.

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Story provided by: Jesse Quackenbush

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

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(505) 301-9888 (C)
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AMARILLO LOCAL NEWS: AMARILLO OFFICIALS INVESTIGATE FENCING AROUND LAKE AFTER DROWNING OF ALEXIS WARTENA
Posted on July 25, 2016 by Jesse Quackenbush, Attorney

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Photo courtesy Amarillo Globe-News.

An attorney has leveled allegations of misconduct by police during their interrogation of the mother of a missing girl who was found dead in a playa lake. Meanwhile, concerns about proper safety measures continue as the city looks into the matter.

In question is a chain-link fence between La Kiva Hotel, where 7-year-old Alexis Wartena and her family were staying, and T-Anchor Lake.

Wartena’s aunt, Millicent Carlton, pointed out a gap in the fence during an interview on the day the child’s body was found. “You tell me, if that fence was up, would that little girl have gotten out?” she said.

According to Potter-Randall Appraisal District, the City of Amarillo owns the 100-acre plot of land that T-Anchor Lake occupies. City spokeswoman Sonja Gross acknowledged Friday that the city owns the lake and said the city is still looking into where exactly the property boundaries fall and if the fence is on city land.

“I don’t know who is responsible for that fence,” Gross said. “I don’t know who put that fence up, when it was put up, why it was put up.”

Amarillo Mayor Paul Harpole told the Amarillo Globe-News on Friday that he planned to let city administrators investigate and report back to the City Council before the council potentially gets involved.

“It’s a sad, terrible situation,” Harpole said, “but we still need to investigate what happened and how it happened.”

“Just from a humanitarian standpoint, we want to be sure we’re doing what is possible or what is necessary to protect people,” Harpole added.

Alexis, who was autistic and nonverbal, had reportedly slipped out of a hotel room Tuesday while her mother was in the bathroom. After a massive search by law enforcement, her body was discovered the following morning.

Steve Pollard, the manager of La Kiva Hotel, was tight-lipped when contacted Friday. “The fence is not ours,” he said, declining further comment.

Earlier, Pollard told a local news television station that the fence has had a gap for years.

T-Anchor is one of 29 lakes that are part of the city’s drainage system, according to November 2013 city documents. Some of the lakes are privately owned. Gross said she did not know if there were any city rules or regulations regarding maintaining fences around such lakes.

The only mention of fencing as it relates to playa lakes in Amarillo’s municipal code is found in a section about excavation plans, a Globe-News examination of the code revealed. The section places restrictions on the steepness of lake embankments. If the slope exceeds the restrictions, the embankment perimeter must have at least a 6-foot chain-link fence with three strands of barbed wire.

“The fencing and slopes shall be maintained in good condition, free of defects, at all times,” the code reads.

What is not clear is whether the code requires that a fence must be maintained after excavation is complete.

Jesse Quackenbush, an attorney representing Wartena’s parents, said the parents — who had stopped in Amarillo while traveling from Chicago to California — do not have plans to sue the city and are more focused on retrieving their four children. The siblings were taken into custody by Child Protective Services during the investigation.

“The family’s sole concern is to get back to California with their family and heal,” said Quackenbush, who sent a complaint letter Friday to the Amarillo Police Department on behalf of the family, alleging that police inflicted emotional torture upon Wartena’s mother by accusing her of murdering her child and not allowing her to independently look for her daughter.

A preliminary autopsy report obtained by the Globe-News shows Wartena’s died from drowning, but the manner of death is pending investigation. Quackenbush, however, has said the police indicated the drowning was accidental.

The lawyer’s letter also claims the police made “false accusatory statements of neglect” and “acted as a catalyst” for CPS to take the parents’ four remaining children into custody.

“This whole thing is not about suing people; it’s about getting their family together and getting out of here,” Quackenbush said.

Nonetheless, Quackenbush said, “if there’s fingers of blame to be pointed,” they should likely be directed at the hotel instead of the city.

“If you’re attracting people and children, and you’ve got a cliff in the backyard that leads to water, common sense tells you that you need to do something to keep your guests’ children safe,” he said.

Stuffed animals, dolls, flowers and signs of support have grown into a makeshift memorial near an electrical pole on a dirt hill behind La Kiva Hotel, overlooking the lake.

The placement of the display — in the middle of a roughly 75-foot gap between two fences that separate the hotel parking lot from the playa lake — seems to carry some significance for visitors.

“Maybe they’re trying to say, hey, it’s open right here, this is where this poor baby lost her life,” said Monica Salazar, who stopped by the memorial Friday afternoon with four of her children.

“It is upsetting that the fence doesn’t go all the way across,” Salazar said as one of her young daughters placed a doll and a candle at the site. “It looks pretty dangerous down there.”

Story provided by Amarillo Globe-News.

It has been shown that water safety courses are particularly beneficial for children with autism spectrum disorder, given that accidental drowning accounts for roughly 90% of deaths in children with ASD. Autism Speaks has reported that certain police departments, like NYPD, are incorporating Autism Safety Training into their law enforcement curriculum. For a U.S. publication on how a search for missing children with special needs is different from non-affected children, click here.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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POLICE MISCONDUCT: WARTENA FAMILY TRAGEDY COMPOUNDED BY POLICE IGNORANCE OF AUTISM
Posted on July 26, 2016 by Jesse Quackenbush, Attorney

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“What does it sound like when you strangle someone to death?”

Those were the words spoken to the mother of Alexis Wartena after nearly 12 hours of accusatory interrogation by members of the Special Crimes Unit in Amarillo, Texas. She hadn’t slept for nearly 24 hours, and her 7-year-old autistic daughter was still missing after wandering away from their hotel room the day before.

Despite repeated pleas to be released from police custody so she could continue assisting with the search, Special Crimes officers forced Alexis’ mother to stay and submit to the mental torture of repeated, baseless accusations that she murdered her daughter. The parents were subjected to this abuse based on just a hunch by a cop that “foul play” was involved — no body, no blood, no evidence of death.

When finally released from custody at 5:00 a.m., she and her husband were dropped off at the front of their hotel, without even a courtesy update on the progress of the search. Upon opening the door to their hotel room, they realized all of their belongings had been confiscated by Amarillo’s “finest.” They had no clothes, no cell phones, no toiletries — not even sheets, blankets or pillows. Everything they owned had been taken by Amarillo police.

It was 5:30 a.m. when Alexis Wartena’s parents finally laid down to try and get some sleep. That’s also when the police decided to pull their motorcycles up close to their room and rev their engines — over, and over, and over — purposely depriving the parents of sleep and prolonging the mental torture. Why not? After all, they were “murderers,” at least in the minds of a few cops handling the investigation. If the cops had their way, there wouldn’t be an investigation, an arrest, a trial, or an appeal. They would just “get it over,” right then and there, the “West Texas” way.

At 10:30 a.m., the police arrived at the Wartenas’ room with news that they had located Alexis’ body; she was found lifeless in the pond, just a few feet from the hotel. Two days later, the preliminary autopsy report confirmed accidental drowning as the cause of death — not strangulation, not murder. Alexis Wartena’s parents, devastated with grief, prayed they could gather the strength to make it home to California with their four other children, who had been taken from them by CPS at the direction of Special Crimes.

The police had promised the parents that the children would be returned once the autopsy was completed and murder was ruled out. They lied. Instead, CPS filed a lawsuit requesting that the children be taken from the Wartenas’ custody permanently. These parents have been allowed just 1 hour with their 4 children and may never see them again, depending on the decision of a judge at the formal hearing on August 2, 2016.

In 2012, the National Autism Association published the Big Red Safety Toolkit for law enforcement and first responder training to assist with locating autistic children. Cities throughout America have prioritized training of their police departments to avoid common mistakes which have led to preventable deaths of autistic children. They’ve learned that police and first responders who do not understand autism, almost always lose valuable time necessary to locate autistic children when they go missing. In the case of Alexis Wartena, it is apparent that the Special Crimes officers were clueless about autism. Had they known even basic statistics, perhaps Alexis would have been located in time to save her life. Instead, a Nancy Grace-style, child murder scenario developed, and innocent parents became the focus of a tunnel vision criminal investigation.

According to Big Red Safety Toolkit, children with severe autism, like Alexis, frequently attempt to “elope” from safe environments. In the United States, accidental drownings account for 91% of total reported deaths involving autistic children under the age of 14. Why? Because the overwhelming majority of these children had a documented fascination with water. This fact is precisely why the National Autism Association trains police and first responders to “search water first” and “dispatch personnel immediately to nearby bodies of water . . . pools , rivers, ponds, etc.” Association training also instructs that children with autism develop very sophisticated techniques for “eloping” and “bolting” from their homes, without detection from even the most vigilant of caregivers. Even more important, training instructs officers to listen to parent’s histories, as they are the best chance of determining the child’s past patterns when wandering alone.

Alexis Wartena’s parents told first-arriving, uniformed officers from Amarillo Police Department that Alexis was severely autistic, non-verbal, attracted to water, and had a long history of “eloping” and “bolting.” The parents begged officers to let them continue their search of the pond, which they weren’t aware of until police arrived. The parents’ pleas were ignored, and the police wasted valuable time.

For Amarillo Police officers to act this way, they must have either been completely ignorant of national standards for locating missing autistic children, or they ignored their previous training. In either event, it’s obvious that in the future, there needs to be more supervision to prevent this sort of tragedy from occurring again. Andrea Yates, who intentionally drowned her 5 children in Houston, was treated with more respect than the Wartena parents. Somebody from the Amarillo Police Department should have the decency to offer these grieving parents an apology. Everyone living in the Panhandle of Texas should call CPS and Potter County Attorney, Scott Brumley, and demand that they allow the family to go home and heal.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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Posted in Amarillo Accidental Deaths, Amarillo Legal News, Amarillo Local Politics, Amarillo News, Amarillo Police Department, California Family Being Illegally Detained By APD, Discrimination,

 

 

WARTENA FAMILY NIGHTMARE CONTINUES: CHILDREN ABUSED IN CPS CUSTODY AFTER BEING TAKEN FROM PARENTS
Posted on July 26, 2016 by Jesse Quackenbush, Attorney
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UPDATE: This evening at approximately 5:30 p.m., the Wartena family was reunited. Unfortunately, the release of the children was due to physical abuse one of the children experienced at a local foster home. Apparently, CPS will begin investigating itself in the morning.

Amarillo News Channel 10 also reports on this story.

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

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Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com
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WARTENA FAMILY: REUNITED AFTER DEATH OF 7-YEAR-OLD GIRL
Posted on July 26, 2016 by Jesse Quackenbush, Attorney

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Photos provided by: Amarillo Global News

The four children of Michael Wartena and Tiffany Stewart, whose daughter was found drowned behind the La Kiva Hotel on Wednesday, were returned to their parents Monday after Child Protective Services said their decision to take custody of the children was based on what police initially told them.

“We are happy that we are back together and can start on the right direction and can go to mourn my little girl,” said Michael Wartena, her father. “We are thankful for all the support and the people who continue to support us.”

Citizens Bank of Amarillo donated payment for Alexis’ cremation and funeral costs, family lawyer Jesse Quackenbush said. He also said Amy Simpson, the executive director of Amarillo ABA who is an autism counselor, donated the cost for the last week of the family’s hotel lodging.

Alexis, 7, went missing from the hotel mid-afternoon on July 19. Police on foot, horses, boats and a helicopter searched for her well into the night, then the following morning.

Searchers’ and the family’s worst fears were realized the next day when police saw something floating in the lake, where divers had searched several times the night before.

Alexis’ mother said Monday, “Her brother keeps asking for her (Alexis) and we keep telling him she went to heaven, but he doesn’t understand. They were best friends.”

The family said they were returning to their home in Beaumont, California, after visiting Michael Wartena’s father in Chicago. They stopped in Amarillo because they didn’t want the kids in the car for too long, they said.

After swimming in the hotel pool the family went back to their room to change, they said.

“We were watching cartoons and the kids took all the sheets off the bed and were being crazy, tearing into the chips, and Tiffany got up to go to the bathroom,” Michael Wartena said. “When she came out and said, ‘Where’s Alexis?’ I jumped up and went tearing down the hall to the front to look for her.”

The father said that he first looked for Alexis in the front because he was worried about her walking into the street. The hotel faces Interstate 40.

He says that after Alexis was reported missing and police showed up, he and his wife were separated and interrogated by officers from the Special Crimes Unit, first for six hours at the hotel and then for another six hours at the police station.

Quackenbush said that they explained to detectives that the door bolt at the hotel was broken, but the police debated the lock with them and that they lost valuable minutes searching for Alexis by “getting caught up in blaming the parents.”

The couple told the Amarillo Globe-News that SCU detectives asked them if they “knew what it sounds like to be strangled,” and they were accused of lying.

“They said, ‘Let me help you find your daughter — tell me where she is,’” Stewart said. “They told me our stories didn’t match.”

In the meantime their remaining four children were taken from their parents and delivered to the Bridge Children’s Advocacy Center where they were questioned by a forensic interviewer. The children are three boys ages 6, 5, and 4, and a girl who is 2.

CPS filed an affidavit in support of removing the children from their parents, citing in the filing the “neglectful supervision of [the children] due to the events surrounding a missing child” and “recounts of the events leading up to the disappearance of Alexis Wartena are inconsistent with the children’s statements in their forensic interviews,” and “Amarillo law enforcement is concerned due to the inconsistent statements of the parents as well as the deceased body of Alexis Wartena being located and has opened a Special Crimes Investigation.”

“In all removal cases we must have evidence that it is contrary to the child’s welfare to remain in the home,” said Paul Zimmerman, media specialist for the Texas Department of Family and Protective Services. “We can confirm an investigation and say that four kids are in foster care and we are seeking appropriate relative placement.”

Regarding the children being taken away from them, Stewart said Monday night, “She (the CPS officer) said she had to base her decision on what the police were telling her” on the night Alexis disappeared and during the time the parents were being interrogated.

“A CPS worker said that she was not allowed to talk to us that night, that they were going off what the police department was reporting to them,” Michael Wartena said Monday.

He also said that one of his sons had marks on his neck and bruises down his spine when he was returned from CPS custody and was not sure where they came from.

Quackenbush, the family’s lawyer, raised questions about how police behaved on the night of the disappearance and whether questioning tactics allegedly used by SCU detectives went well beyond standard interrogation techniques and were especially abusive. On Monday, Quackenbush accused SCU officers of “torturous” and “abusive” questioning techniques.

The lawyer believes that officers’ “tunnel vision” led them to interrogate the parents, wasting crucial time that could have been spent searching. He says he will be submitting a letter to Amarillo Interim Police Chief Ed Drain this week asking for the officers to be fired or disciplined.

Quackenbush said the family “wanted their kids back and they wanted to leave,” and that when police confiscated all of their clothes and toiletries, it became an unreasonable search and seizure.

A criminal defense expert agrees that police may have made some missteps during questioning.

“I believe the details of the parents’ detention, custody, and even the tactics used in question would be sufficient enough to file a federal civil rights case and get past any pre-trial dismissals to reach a jury,” criminal defense attorney Paul Cambria said Monday.

Cambria, of Buffalo, NY, is a member of the bar in California and New York, and during his 42 year career he’s handled a number of federal civil rights cases under the U.S. Civil Rights code.

“From a federal standpoint I think they have a case that they were unlawfully detained,” Cambria said. “Without a warrant they really have no right to make them stay there [at the police station]. Whether or not their line of questioning is unlawful, that’s another question. But if they were detained and separated from their children, that probably violates their civil rights. Of course the police are always going to say, ‘Oh, they were free to go at any time.” But whether or not a jury is going to believe that is another story.”

Story provided by: Amarillo Global News

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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PARENTS OF ALEXIS WARTENA: PARENTS GET CUSTODY OF CHILDREN FROM CPS AND ARE GOING BACK HOME TO CALIFORNIA

Parent’s of Alexis Wartena: Parents get custody of children from CPS and are going back home to California
Posted on July 26, 2016 by Jesse Quackenbush, Attorney

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Photos provided by: My High Plains

It’s been close to a week since seven year old Alexis Wartena drowned at T-Anchor Lake.

Since then her parents lost custody of their four kids to Child Protective Services, hired a lawyer and filed a complaint against the Amarillo Police Department.

“Today was a day I’ll never forget,” said Michael Stewart, Alexis’ Mom.

After several days of being separated from their parents, the four Wartena kids are now back with mom and dad.

“It’s been very hard. I’m basically kind of numb right now; I haven’t been able to mourn my daughter cause of everything else that’s been transpiring,” said Michael Wartena, Alexis’ Dad.

Even though the kids were in CPS custody, the parents still had visitation rights.

It was during one of the visits that the mom says she noticed something on her son’s body

“We noticed a couple of marks on my son Robert’s neck and I lifted up his shirt and turned him around and he had bruises on his back,” said Stewart.

A CPS spokesman tells us that’s because the son had been physically abused at the foster home. The mom says she doesn’t know who or why this was done to her son and she says her son won’t talk about it. Because of that incident the CPS spokesman says there was no need to keep the kids from their parents.

Stewart says if she had not noticed the bruising on her son’s body she wouldn’t have had her kids today. She says they were going to release them tomorrow.

“It’s a celebration but in a way it’s not. Because I still, we still got a long way home and now I gotta start thinking about my little girl. So it’s just almost overwhelming of what we’ve had to go through and endure,” said Wartena.

Jesse Quackenbush, the lawyer for the Wartenas, tells us the family is going back to their home in California tomorrow.

Quackenbush says the scheduled August 2nd custody hearing is still up in the air even though CPS released the kids to their parents.

The Wartenas say whether a lawsuit comes out of this incident is up to Quackenbush.

Story provided by: My High Plains

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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WARTENA CHILDREN RETURNED TO PARENTS: “WE CAN FINALLY GO HOME GRIEVE”
Posted on July 26, 2016 by Jesse Quackenbush, Attorney

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Photos provided by: ABC 7 News

AMARILLO, Texas (KVII) — The Wartena family is back together and heading home to California. Last week the four young children were separated from their parents by Child Protective Services after the body of seven-year-old Alexis Wartena was found in T-Anchor Lake.

Michael Wartena said his four children look playful and happy on the outside, but it’s a mask. He said in reality they are confused, broken about the loss of their older sister, Alexis.

“They are really hyper I know that,” Wartena said. “I don’t think they know which way is up and I think it’s only going to get worse as we plan the service.”

Wartena said the tight-knit family does everything together, that’s why the kids were in shock when they were taken away, forced into a foster home provided by CPS. The Wartena’s said it was during a short, supervised visit that they noticed something was off about their middle son, Robert.

“We noticed a couple of marks on his neck and we turned him around and noticed he had bruises on his back,” said the mother, Michael Tiffany Stewart. “I believe that helped with the release.”

The wartena’s said now their children are left asking questions. They parents said they wanted to tell the kids the horrifying news about Alexis together, but CPS told them, leaving them confused.

“My oldest son and her used to ride the bus together everyday and go to school,” Wartena said. “They were best friends and that’s the one that keeps asking me ‘Where’s Alexis, did you find Alexis?’”

The family said now that they are reunited, it’s time to go home to try to pick up the pieces.

“Right after the autopsy results came back they sent her body to the mortuary,” Stewart said. “We are going to pick up her ashes so we can go home and grieve.”

“I have to take my little girl home in a box, a box,” Wartena sobbed. “That’s horrifying. I came here with five children, and I’m leaving without my little girl.”

They family said they are leaving with a hole in their hearts. Alexis was autistic and nonverbal, but the family said she touched their lives in so many way. They said she was full of joy and life, something they’ll never forget.

“She was just happy all the time,” Wartena said. “She would just come and pet me. I keep a beard just for her because she would always come and pet me and I’m going to miss that.”

Click hereto see Jesse Quackenbush’s guest letter to Amarillo Globe-News.

Story provided by: ABC 7 News

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com

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AMARILLO POLICE DETAIN WARTENA FAMILY: THEY CALLED FOR HELP INSTEAD OF SEARCHING FOR MISSING AUTISTIC GIRL WHO LATER WAS FOUND DROWNED
Posted on July 26, 2016 by Jesse Quackenbush, Attorney

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Photos provided by: Photography is Not a Crime

Texas Police Detain Family who Called for Help Instead of Searching for Missing Autistic Girl who Later was Found Drowned

A California family filed a formal complaint against a Texas police department last week for being illegally detained and accused of murder after they called 911 upon learning their autistic daughter had gone missing.

Last Tuesday’s detainment by Amarillo police ended up costing the family valuable search time that could have saved her life.

Instead, 7-year-old Alexis Wartena, a non-verbal girl with autism, was found drowned in a nearby lake, a death that possibly took place during the moments of the family’s illegal detainment.

During that time, the complaint alleges the girl’s mother, Tiffany Stewart, was “repeatedly tortured emotionally” by “accusations of murdering her daughter.”

The complaint, which you can read here, states that Amarillo police intimidated the parents by threatening them with criminal prosecution and losing custody of their other children unless they submitted fingerprint, blood and hair samples.

Amarillo police also allowed the state’s Child Protective Services to seize Michael Wartena and Tiffany Stewart’s four other children in what their attorney calls a “Nancy Grace-style murder investigation.” The children remained in custody for almost a week until one little boy was injured in the hands of the state.

When the children were returned to the family Monday, the injured boy had “marking around his neck and bruising along his spine,” according to News Channel 10.

The grief-stricken parents were also prevented from conducting their own independent search even after they begged Amarillo police to let them continue.

“The parents begged to let them continue to search, instead of sitting there and answering stupid questions,” said family attorney Jesse Quackenbush in a telephone interview with Photography is Not a Crime.

The family was on their way back to California from their vacation in Chicago last week when they decided to stay another night at the La Kiva hotel in Amarillo after Michael Wartena began feeling ill.

They had just gotten back from swimming at the hotel pool for the second time and the children were playing inside when Tiffany Stewart came out of the bathroom and asked, “where is Alexis?”

At that point, Alexis had only been gone for a couple of minutes.

Michael Wartena immediately woke from his sleep and began frantically searching for his daughter, who he presumed had most likely “eloped” again, a wondering-behavior typical in autistic children, and ran to the front of the building hoping to prevent her from being injured by traffic on I-40.

Tiffany Stewart was not far behind when she yelled for the front desk to call 911.

Five minutes later, police arrived and the parents began describing Alexis as 7-years-old, autistic, non-verbal and attracted to water, which is also common among children with autism.

But the police didn’t assist the family to help find their missing daughter.

“The police, instead of listening to them, and without understanding anything about autism, jump to the conclusion that the parents are probably involved in the murder of this child,” Quackenbush told PINAC.

“They start questioning them like some Law and Order program.”

Alexis went missing on July 19th. Michael Wartena and Tiffany Stewart were taken to the police station that day at 4:30 pm and were not released until 5:30 am the following morning, only to learn their daughter had been found five hours later, face-down in the same lake they pleaded with police to search while they were being questioned.

When they returned to their hotel room, they found all of their belongings had been seized without their knowledge or consent and were left with no pillows, no toiletries, no phone and no clothes.

“They’re thinking this is a Nancy Grace murder case of a child,” Quackenbush said. “I’m critical of the police because they trampled on my clients’ Fourth Amendment rights.”

Quackenbush said police are supposed to be trained to deal with autism and should have listened to the parents instead of accusing the of murder and detaining them.

“They lost precious time,” he said.

The National Autism Association advocates for those with autism and worked on Federal legislation that could help provide first-responders much needed training for dealing autistic people.

“The first thing they say is listen to the parents, they’re the best chance you’re going to find this child quickly. Number two, go to water. Three, gather all of you personnel and go to the nearest pond or stream. Number four, don’t question the parents,” Quackenbush said. “Had they bothered to go online to read that, they might be a little bit better equipped to handle this situation.”

Amarillo residents created a growing memorial at La Kiva Hotel in remembrance of Alexis placing cards, flowers, stuffed animals and notes of sympathy for her family.

Story provided by: Photography is Not a Crime

If you have any questions or need legal advice, feel free to contact me directly at your convenience.

Trial Attorney
Jesse Quackenbush
jesseqlf@gmail.com
(505) 301-9888 (C)
Toll Free: (855) 350-4024
Live Chat, 24/7: www.quackenbushlawfirm.com
qlfjq

The following “high profile” defendants are great examples of cases which were handled well by their attorneys. All either got off the hook or received slaps on the wrist.

SNOOP DOGG
snoop-dog

“Snoop Dogg was arrested and put on trial in connection with the death of Philip Woldermariam, a member of a rival gang, after his bodyguard McKinley Lee shot and killed him back in 1993. Even though the rapper had been driving the vehicle from which the shooting commenced, Snoop and his bodyguard were acquitted of murder charges on the grounds of self-defense.

JUSTIN BIEBER
justin-bieber

Bieber has been charged repeatedly and needs to be punished.

MARK WAHLBERG
mark-wahlberg

Mark Wahlberg was arrested for beating up a blind man and nearly killing him. He was able to escape the charge without doing any jail time and recently sought a pardon.

ROBERT BLAKE
Robert-Blake

On May 4, 2001, Actor Robert Blake and then wife Bonnie Lee Bakley were having dinner at Vitello’s, a favorite Italian diner. They parked several blocks away in a dark area near a dumpster. After dinner, Blake escorted Bakely back to the car. According to Blake, he realized that he left a handgun he was carrying back at the restaurant. When he returned to the car, he says he found her shot in the head.

PARIS HILTON
Paris-Hilton

Model and Actress Paris Hilton has had her fair share of run-ins with the law. One of the most memorable is the time she backed her Range Rover into a Honda Civic and drove away without leaving a note. In California, it is a crime to damage a parked car and drive off without leaving a note. A misdemeanor crime that is punishable by a maximum of six months in jail and a $1,000.00 fine. Paris didn’t have to do any jail time or pay a fine. Paris did the same thing a few years later with her Bentley.

R. KELLY
R-Kelly

Kelly was able to beat child pornography charges and supposedly urinating on the victims.

DON KING
Don-King

Boxing promoter Don King killed two men in separate incidents. King killed the first man in self-defense when the man was trying to break into his gambling operation. King was charged with second-degree murder for the second incident, in which he stomped to death an employee who owed him $600. Despite being convicted of second degree murder in 1966, King only ended up serving 4 years in prison.

ROBERT DOWNEY, JR.
Robert-Downey-Jr

Robert Downey, Jr.’s was let off very lightly on more than one occasion for crimes that would see most non-celebrities spending some serious time in the slammer. After spending almost a year in a substance abuse treatment facility and state prison, Downey Jr. was released early due to the fact that he had served times based on his original 1996 arrests. On a later occasion in 2000, Downey Jr. was apprehended after he was discovered in possession and under the influence of controlled substances following and anonymous tip-off and was put on parole. In 2001 he was discovered wandering around Culver City barefoot under the influence. Tests showed he had cocaine in his system but was released and absolutely no charges were filed.

REBECCA GAYHEART
Rebecca-Greyheart

Rebecca Gayheart hit and killed a 9 year old boy in 2001, was found not guilty of murder and paid a $2,800.00 fine.

BRITNEY SPEARS
Britney-Spears

Britney Spears was caught driving with her 4 month old son, sitting on her lap, without a child restraint. California law requires drivers to secure children sitting in the front seat who are under a year old or under 20 pounds. A violation is punishable by a fine of $100.00. She did not have to pay a nickel. Also in 2007 Britney Spears was charged with a hit and run accident after hitting a parked vehicle and driving without a valid license. No fine or punishment.

50 CENT
50-cent

50 Cent turned snitch and transformed a nine year sentence into a six month stay for selling drugs.

LAWRENCE TAYLOR
Lawrence-Taylor

Rape allegations beat.

MEL GIBSON
Mel-Gibson

On July 28, 2006, Gibson was arrested for driving under the influence (DUI) while speeding in his vehicle with an open container of alcohol. He then started yelling racial slurs to the officer. This was his 2nd incident involving drinking and driving. Fine and a slap on the wrist.

CHARLIE SHEEN
Charlie-Sheen

On May 20, 1998, Sheen overdosed while using cocaine and was hospitalized. Sheen, already on probation in California for a previous drug offense, had his probation extended for an extra year and entered a rehab clinic. On December 25, 2009, Shen was arrested for assaulting his wife, Brooke Mueller in Aspen, Colorado. Sheen was charged with felony menacing, as well as third-degree assault and criminal mischief. Sheen pleaded guilty to misdemeanor assault as part of a plea bargain that included dismissal of the other charges against him. Sheen was sentenced to 30 days in a drug rehab center, 30 days of probation, and 36 hours of anger management.

BRANDY NORWOOD
Brandy-Norwood

Driving home on December 30, 2006, Norwood was involved in a fatal automobile accident on the LA Freeway. The accident claimed the life of 38 year old Awatef Aboudihaj, the driver of the Toyota that was struck by Norwood’s Range Rover. Aboudihaj died from her injuries at the L.A. Holy Cross Hospital the following day. Norward was neither arrested nor charged with vehicular manslaughter due to insufficient evidence.

TED KENNEDY
Ted-Kennedy

In 1969, a 36 year old Ted Kennedy drove his car off a bridge at Chappaquiddick Isand in Massachusetts. Kennedy escaped the car and left the scene, leaving a passenger, Mary Jo Kopechne, to die. He didn’t even admit the crime until the car was discovered by fisherman the next day. He was only convicted of leaving the scene, and got a two month suspended sentence.

SID VICIOUS
Sid-Vicious

Sid Vicious was the bassist for the punk rock group called the Sex Pistols. Nancy Spungen, Sid’s girlfriend, was found dead in the bathroom of a hotel room where the couple was staying. She was stabbed once in her stomach and bled to death. The weapon belonged to Sid who admitted that the two had a falling out the night before. He did not remember the details as he was heavily drugged up at the time. He gave the police conflicting statements, claiming that he did stab her, but didn’t mean to kill her before later stating that she fell on the knife. He then later claimed to have no memory of the incident whatsoever and attempted to maintain innocence. All the evidence pointed to Sid, but he never ended up serving time for his alleged crime.

VINCE NIEL
Vince-Neil

Vince Neil was charged with vehicular manslaughter. In 1986, he was sentenced to only 30 days in jail.

OJ SIMPSON
OJ-Simpson

In 1995, former NFL football superstar OJ Simpson was acquitted of the 1994 murder of his ex-wife, Nicole Brown Simpson, and Ronald Goldman after a lengthy and internationally publicized criminal trial, the People v. Simpson. In 1997, a civil court awarded a judgment against Simpson for their wrongful deaths; as of 2007 he had paid little of the $33.5 million judgment.

CAPITAL MURDER OR MURDER DEFENSE ATTORNEY
FREE CONSULTATION 855-350-4024

Of all the crimes covered in any criminal code, those that deal with criminal homicide are the most serious in terms of punishments involved. If you or someone you love is facing such a charge, it could literally be a life-of-death situation if the most serious charge has been filed. As stressful and terrifying as this situation can be for anyone, fighting back with every legal option at your disposal has never been more important.

Our lawyers practice in state and federal courts throughout the country, as well as courts material worldwide. Using Texas law as an example, below you will find information regarding the types of criminal homicide charges available to prosecutors in Texas, the laws that define them, analysis of the statutory language, the penalties involved with each charge, and finally how you should proceed if you find yourself facing the possibility of prosecution for a criminal homicide charge. These laws are similar in all jurisdictions.

In the most general terms, there are four different types of criminal homicide that exist within the Texas statutes, in decreasing order of severity:
• Capital murder
• Murder
• Manslaughter
• Criminally negligent homicide

The most commonly charged methods of committing capital murder are as follows:

A person commits capital murder if he or she intentionally or knowingly:
1. Murders a peace officer or fireman who is acting in the lawful discharge of an official duty or who the person knows is a peace officer or fireman;
2. Commits murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
3. Commits a murder for hire;
4. Murders more than one person:
a. during the same criminal transaction; or
b. during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or
5. Murders an individual under six years of age.

There are other conditions that could result in a charge of capital murder, but the distinction between the statute and that of murder deals directly with the possible penalty allowable upon a conviction. A person convicted of capital murder can be punished by imprisonment for life without parole or by death.

A person commits murder if:
1. Intentionally or knowingly causes the death of a an individual
2. Intends to cause serious bodily injury and commits and act clearly dangerous to human life that causes the death of an individual; or
3. Commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

As can be seen, in the first two instances, a person must have the intent to kill someone or the intent to inflict serious bodily injury. Subsection (3) deals with what is commonly known as the Felony Murder Doctrine, whereby a person is guilty of murder if he or she kills someone by committing an act clearly dangerous to human life even in he or she did not intend to kill or cause serious bodily injury.

A person convicted of murder is guilty of a first degree felony, which means that he or she could face prison term of 5-99 years, or life in prison.

An individual is guilty of manslaughter if he or she recklessly causes the death of another. A person acts recklessly, or is reckless, when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances surrounding his conduct exist or the result will occur. The risk must be of such a nature and degree that is disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

Secondly, and perhaps more importantly, if someone is acting recklessly, prosecutors do not need to prove that the person acted with any specific intent to kill someone. A conviction of manslaughter is a second degree felony. This means that a prison term between 2-20 years could be adjudged.

A person is guilty of criminally negligent homicide if he or she causes the death of an individual by criminal negligence. A person acts with criminal negligence, or is criminally negligent, when he ought to be aware of a substantial and unjustifiable risk that the circumstances surrounding his conduct exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances as viewed from the actor’s standpoint. This offense is a state jail felony, which means that a term in a state jail of not less than 180 days but not more than 2 years could be adjudged.

If you or someone you love is facing this situation, you need to act now to preserve your rights and begin to prepare the best defense possible. Contact the criminal defense lawyers at Quackenbush Law Frim today to schedule a fee initial consultation at 855-350-4024.

 

PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 19. CRIMINAL HOMICIDE

Sec. 19.01. TYPES OF CRIMINAL HOMICIDE.
(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.02. MURDER.
(a) In this section:
(1) “Adequate cause” means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.03. CAPITAL MURDER.
(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);
(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal institution, murders another:
(A) who is employed in the operation of the penal institution; or
(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
(8) the person murders an individual under 10 years of age; or
(9) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
(b) An offense under this section is a capital felony.
(c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.

Added by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 44, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 652, Sec. 13, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 715, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 887, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 388, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 428 (S.B. 1791), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1209 (S.B. 377), Sec. 1, eff. September 1, 2011.

Sec. 19.04. MANSLAUGHTER.
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.04 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 307, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 19.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE.
(a) A person commits an offense if he causes the death of an individual by criminal negligence.
(b) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.06 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT.
This chapter does not apply to the death of an unborn child if the conduct charged is:
(1) conduct committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure;
(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or
(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.

Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.02, eff. Sept. 1, 2003.


AMARILLO MANSLAUGHTER DEFENSE LAWYER – MANSLAUGHTER DEFENSE ATTORNEY

FREE CONSULTATION 855-350-4024
Of all the crimes covered in any criminal code, those that deal with criminal homicide are the most serious in terms of punishments involved. If you or someone you love is facing such a charge, it could literally be a life-of-death situation if the most serious charge has been filed. As stressful and terrifying as this situation can be for anyone, fighting back with every legal option at your disposal has never been more important.

Our lawyers practice in state and federal courts throughout the country, as well as courts material worldwide. Using Texas law as an example, below you will find information regarding the types of criminal homicide charges available to prosecutors in Texas, the laws that define them, analysis of the statutory language, the penalties involved with each charge, and finally how you should proceed if you find yourself facing the possibility of prosecution for a criminal homicide charge. These laws are similar in all jurisdictions.

In the most general terms, there are four different types of criminal homicide that exist within the Texas statutes, in decreasing order of severity:
• Capital murder
• Murder
• Manslaughter
• Criminally negligent homicide

The most commonly charged methods of committing capital murder are as follows:

A person commits capital murder if he or she intentionally or knowingly:
1. Murders a peace officer or fireman who is acting in the lawful discharge of an official duty or who the person knows is a peace officer or fireman;
2. Commits murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
3. Commits a murder for hire;
4. Murders more than one person:
a. during the same criminal transaction; or
b. during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or
5. Murders an individual under six years of age.

There are other conditions that could result in a charge of capital murder, but the distinction between the statute and that of murder deals directly with the possible penalty allowable upon a conviction. A person convicted of capital murder can be punished by imprisonment for life without parole or by death.

A person commits murder if:
1. Intentionally or knowingly causes the death of a an individual
2. Intends to cause serious bodily injury and commits and act clearly dangerous to human life that causes the death of an individual; or
3. Commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

As can be seen, in the first two instances, a person must have the intent to kill someone or the intent to inflict serious bodily injury. Subsection (3) deals with what is commonly known as the Felony Murder Doctrine, whereby a person is guilty of murder if he or she kills someone by committing an act clearly dangerous to human life even in he or she did not intend to kill or cause serious bodily injury.

A person convicted of murder is guilty of a first degree felony, which means that he or she could face prison term of 5-99 years, or life in prison.

An individual is guilty of manslaughter if he or she recklessly causes the death of another. A person acts recklessly, or is reckless, when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances surrounding his conduct exist or the result will occur. The risk must be of such a nature and degree that is disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

Secondly, and perhaps more importantly, if someone is acting recklessly, prosecutors do not need to prove that the person acted with any specific intent to kill someone. A conviction of manslaughter is a second degree felony. This means that a prison term between 2-20 years could be adjudged.

A person is guilty of criminally negligent homicide if he or she causes the death of an individual by criminal negligence. A person acts with criminal negligence, or is criminally negligent, when he ought to be aware of a substantial and unjustifiable risk that the circumstances surrounding his conduct exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances as viewed from the actor’s standpoint. This offense is a state jail felony, which means that a term in a state jail of not less than 180 days but not more than 2 years could be adjudged.

If you or someone you love is facing this situation, you need to act now to preserve your rights and begin to prepare the best defense possible. Contact the criminal defense lawyers at Quackenbush Law Frim today to schedule a fee initial consultation at 855-350-4024.

 

PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 19. CRIMINAL HOMICIDE

Sec. 19.01. TYPES OF CRIMINAL HOMICIDE.
(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.02. MURDER.
(a) In this section:
(1) “Adequate cause” means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.03. CAPITAL MURDER.
(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);
(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal institution, murders another:
(A) who is employed in the operation of the penal institution; or
(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
(8) the person murders an individual under 10 years of age; or
(9) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
(b) An offense under this section is a capital felony.
(c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.

Added by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 44, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 652, Sec. 13, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 715, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 887, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 388, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 428 (S.B. 1791), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1209 (S.B. 377), Sec. 1, eff. September 1, 2011.

Sec. 19.04. MANSLAUGHTER.
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.04 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 307, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 19.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE.
(a) A person commits an offense if he causes the death of an individual by criminal negligence.
(b) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.06 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT.
This chapter does not apply to the death of an unborn child if the conduct charged is:
(1) conduct committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure;
(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or
(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.

Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.02, eff. Sept. 1, 2003.

 

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