How Could You? Hall of Shame -Evelen Miranda death-UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Sante Fe, New Mexico, Foster Mother, Evelen Miranda,”found dead inside her home early Wednesday morning, and her two missing foster children could be suspects.

Sources close to the investigation said Evelen Miranda, a local hairdresser who was prominent in the San Patricio community, was beaten to death.”

“Police said that Miranda’s van and her two foster children — teenage girls aged 15 and 16 – are missing, and they are following up on leads to locate them.

According to Chaves County court records, one of the foster children was just released from a juvenile detention center six days ago and is on probation for a previous battery charge.

CYFD said that Miranda opened her home to high-risk foster children — those who she thought needed her help the most.

“We’re cooperating with the local county sheriff’s office as they investigate this and also try to locate the girl (on probation), find out where she is and bring her into custody to try to get a picture of what it is that actually occurred overnight,” Knell said.

Police said they are looking for a silver 2007 Honda Odyssey with license plate No. 487 PFD.

In a highly unusual case of support, community members won’t let Action 7 News reporters anywhere near the victim’s home, and the Lincoln County Sheriff’s Office refused to comment and provide information related to the case.”

Comments to this article showcase how foster care is run by unlicensed and untrained people. “Most of the CYFD workers are “underfills”, that is, they are not educated in social work, and they are not nationally qualified or licensable as Social Workers. July 29th the State Board of Social Work Examiners will be taking up this problem.”

Police Seek 2 Teens In Foster Mother’s Death
[KOAT.com 6/8/11]

This local blog has more details: The Pink Flamingo

Some additional information includes that the children might be from the Mescelero Reservation and that the girls possibly “tied their foster mother to a chair and horribly beat her to death.” She implicates “New Mexico Children, Youth and Families. The local branch, in Ruidoso did the placement. ”

Update: “Two 15-year-old girls who went missing after their foster mother was killed have been apprehended and charged with murdering her, Lincoln County authorities said Thursday.

A search for the teens began after Evelyn Miranda, 53, who was specially trained to take in troubled youths, was found dead Wednesday morning of apparent asphyxiation. The girls and the woman’s van were missing from her home in the small Hondo Valley community of San Patricio.

The teens were caught about 12 hours later at a home in Carlsbad, about 120 miles away, after police got a tip, Lincoln County Undersheriff Robert Shepperd said. Each was charged with one open count of murder, which lets prosecutors determine the degree of the charge at a later date.

Police in Roswell, which is on the way from San Patricio to Carlsbad, found the dead woman’s minivan Thursday morning.”

“According to prosecutors, one of the girls had recently been arrested on battery charges and had been put on a year’s probation less than a week ago and ordered to spend time in a “treatment foster home.” Miranda was a treatment foster parent, meaning she had undergone extra training to accommodate such children.

Enrique Carlos Knell, of the New Mexico Children, Youth and Families Department, said treatment foster homes are separate from state-licensed foster homes for abused and neglected children. The treatment homes are facilities where parents can voluntarily send their troubled children, and they are also used by the juvenile courts as an alternative to sending kids to psychiatric facilities, he said.

Friends and neighbors told the Albuquerque Journal that Miranda was a loving, generous person with two grown children who had been taking in foster children for years. She also served the homebound elderly.”

“She provided foster parenting through Mesilla Valley Therapeutic Foster Care, based in Ruidoso.”
2 teens charged with murdering their NM foster mom
[Google Hosted News by Associated Press /Jeri Clausing 6/9/11]

“One of the girls had been living with 53-year-old Evelyn Miranda for about two weeks, the other for only a few days, Shepperd said.”

“Miranda was a treatment foster parent, who received extra training in order to help some of the most at-risk youth in the juvenile care system. Treatment foster parents are different from regular foster parents; the kids in their care are placed there for specific behavioral health issues, not necessarily as a result of abuse and neglect in the their homes. ”
Breaking: Two Girls Arrested In Murder Of Lincoln County Woman
[Albuquerque Jorunal 6/9/11 by Juan Carlos Rodriguez]

“Arrest documents say two 15-year-old girls accused of killing their foster mom in New Mexico put her in a chokehold, tied her hands and feet and then smothered her with a pillow.”

“The Albuquerque Journal reports a neighbor heard strange noises at about 4 a.m. He went to check his livestock and noticed lights were on at Miranda’s home and her van was missing.

The neighbor told Lincoln County authorities he knocked on the door but got no answer so he went inside, where he found the woman’s body on a bed.

An arrest warrant affidavit alleges one of the girls told authorities she put Miranda in a chokehold while the other tied her up.”
Warrant: NM teens tied up, smothered foster mom
[Yahoo News by Associated Press 6/10/11]

Update 2: “The two 15-year-old girls, named as Alexis Shields and Desiree Linares, disappeared along with the woman’s van from her home in San Patricio in the Hondo Valley, New Mexico.”

“The teens were discovered 12 hours later at a house in Carlsbad, New Mexico, 120 miles away. Police had received a tip off from one of the girl’s boyfriends, said Lincoln County Sheriff Robert Shepperd. ”
Two girls, 15, ‘murder foster mother and go on the run’
[Daily Mail 6/11/11]

“Deputies discovered Miranda’s body in a bedroom of the residence and found the two foster children who had been living with Miranda to be missing along with Miranda’s car.

The two girls were located later that day and booked into a juvenile detention center.”

Two Carlsbad Girls Suspected of Killing Foster Mom
[KTSM 6/10/11 by Lauren Zimmerman]

“The two teens charged with the murder of their foster mother in San Patricio were arraigned Friday afternoon in District Court.

Alexis Shields, 15, and Desiree Linares, 15, have been charged with nine counts each, including murder, theft of a motor vehicle, theft of the victim’s laptop and cell phone, tampering with evidence and conspiracy in the death of Evelyn Miranda, 53, who was found dead at her home by a nephew Wednesday.

Judge Karen Parsons, conducting the hearing via video link from Albuquerque, told the teens that they were facing 97 1/2 years in prison and $60,000 in fines if charged as adults and convicted on all counts.

Assistant District Attorney Joanna Zimmerman told the 90-plus San Patricio residents who attended the hearing that the girls would be charged as adults.

Zimmerman told the Ruidoso News the victim, Evelyn Miranda, 53, died of asphyxiation Wednesday.

Public Defender James Walker entered “not guilty” pleas for both girls on Friday.”

“Parsons ordered both girls to remain custody, stating they are considered to be a threat to the community, themselves and a flight risk. They are currently being held at the Chaves County Juvenile Detention Facility.”

“”They had not been in (Miranda’s) home long,” Lincoln County Undersheriff Robert Shepperd said. “One had been there for two weeks. The other had been there for three days.””

“One of the girls had recently been in court on a battery charge, but Shepperd said that was unrelated to the San Patricio foster home. He said he believed the battery charge was from an incident that occurred in Roswell.

While arrested at a residence in Carlsbad, the car the teens used to flee from San Patricio was found in Roswell. Shepperd said the two probably went on to Carlsbad because at least one had a boyfriend there.”

“Miranda took in troubled or challenged teens through Mesilla Valley Hospital’s Treatment Foster Care program. The family-based treatment alternative to institutionalization was described as an approach to bring changes in children’s social, emotional and behavioral needs. Treatment foster care parents receive 40 hours of pre-service training.”

40 hours of training is next to nothing for dealing with two children that had many issues!

Girls arraigned in foster mother’s slaying may be charged as adults
[Las Cruces Sun News 6/10/11 by Harold Oakes]

A few other facts: “Evelyn Miranda, 53, was found dead in her home early Wednesday by a nephew.”

“Miranda has two grown children.”
Lincoln County foster mom killed
[Alamogordo Daily News 6/10/11 by Jim Kalvelage]

Update 3: “Alexis Shields and Desiree Linares will stand trial in early December in state District Court in Carrizozo.”

“Both girls have pleaded not guilty.

If they’re convicted and sentenced as adults they face life in prison. ”

Trial on for kids in foster mom’s death
[KRQE 10/19/11 by Bill Diven]

Update 4: “One of two girls who, at the age of 15, allegedly bound and suffocated their foster mother, Evelyn Miranda, in her Hondo Valley home has pleaded no contest to the 2011 killing.

Desiree Linares, now 16, entered the no-contest plea Thursday[December 13, 2012] in front of Judge William Brogan in state District Court in Alamogordo.

According to defense attorney Jesse Cosby, Linares, a Roswell native, will be sentenced as a juvenile under terms of the plea agreement. That means that rather than face decades of prison time if sentenced as an adult, Linares will be placed in the custody of the Department of Children, Youth and Families until she reaches the age of 21.

Cosby said the plea agreement could still be withdrawn by his client if the judge does not agree to sentence Linares as a juvenile.

“Until the judge accepts the disposition, the plea is still tentative,” Cosby said. “We want to resolve this case. The plea is a reasonable plea in our opinion, so we’d like to move forward with it.”

The trial for the other teen charged in the case, Alexis Shields of Mescalero, is scheduled for August [2013]. Linares must testify as a key witness in the trial against Shields under terms of the plea agreement, Cosby said.

Twelfth Judicial District Attorney Diana Martwick could not be reached for comment, nor could prosecutor Reed Thompson.

Ruidoso Downs resident Ima Jean Miranda, the victim’s sister-in-law, said she was stunned by the prospect of Linares receiving a juvenile sentence.

“Both girls were involved in this, and yet one girl will walk away in six years when she turns 21,” Ima Jean Miranda said. “How can you take a life and in six years be free to do anything you want, just because you’ll testify against the other?”

In 2011 Shields and Linares were each indicted on charges of first-degree murder, kidnapping, auto theft, tampering with evidence, larceny and three counts of conspiracy in connection with Miranda’s death.

According to an arrest warrant affidavit filed in the case, Shields told police she placed Miranda in a chokehold while Linares tied the victim’s hands and feet with electrical cord. Then, police said, Shields placed a pillow over Evelyn Miranda’s face and held it down until the victim stopped breathing.

The two girls then fled from Miranda’s home in the woman’s Honda minivan, taking her laptop computer and cellphone. They were captured less than a day later at a friend’s home in Carlsbad.

Miranda provided treatment foster care, an enhanced level of foster parenting for youths with emotional or behavioral problems, through a Mesilla Valley Hospital program. Shields had been at Evelyn Miranda’s house for three weeks, and Linares a little over four days, when the killing occurred.

In brief comments, the victim’s son, Ismael Miranda, said he wanted both girls to face adult sentences.

Sentencing for Linares is scheduled for late January [2013], Cosby said. ”

Teen Murder Suspect Pleads No Contest

[Albuquerque Journal 12/18/12 b yRene Romo]

REFORM Puzzle Piece

Update 5: “One of the two teenagers charged with the alleged homicide of their foster mother in San Patricio is now scheduled to go to trial in March.

In a plea agreement with the state, Desiree Linares, now 16, was supposed to plead no contest to murder, conspiracy to commit murder, kidnapping, conspiracy to commit kidnapping, unlawful taking of a motor vehicle, conspiracy to unlawfully take a motor vehicle, larceny and tampering with evidence.

In return for Linares’ admission to these charges, the state would not seek adult sanctions against Linares. She would be incarcerated until she is 21 years old. As an adult, the crimes carry a maximum of 97 years in prison.

If a plea agreement is not reached between the state and Linares, she will be tried as an adult.

“We had an agreement to a disposition as a juvenile until 21,” Linares’ defense attorney Jesse Cosby said. “The discussion would be to plead to second-degree murder to facilitate that. The plea paperwork came out that they wanted her to plead to first-degree murder, which was contrary to what we’ve been discussing. But as long as it resulted in the same disposition, we’d accept it. The state said ‘No, you can’t’ and they didn’t make us a legal offer.”

Cosby said he feels the state misled the defense.

“We’ve acted in good faith in this matter,” he said. “We’ve agreed to resolve this case and the state has agreed to resolve it by disposition. We need to go forward and get her in a juvenile detention facility to commence her treatment, education and into rehabilitation. Now, we won’t be doing any of that and going to trial. The whole thing was dead from the start. They (the state) are the ones who proposed second-degree (murder). We accepted it a long time ago. They changed from the time of the oral discussion to the time of written plea.”

Under a New Mexico Supreme Court case, state vs. Curtis Jones, the court determined that if a juvenile is amenable to treatment, then the juvenile could be sentenced as a youthful offender rather than an adult, even though the state originally obtained a written agreement to transfer a juvenile-to-adult sanctions.

Cosby said he provided the court with a report that states Linares is amenable, or willing, to accept treatment in a juvenile facility until she is 21.

“The court said no,” he said. “In essence, we were agreeing, the state agreed and the court agreed to amenability.”

Deputy District Attorney James Dickens said the state and the defense had an agreement, but it turned out to be contrary to the law.

“As the law is, first-degree murder subjects her to adult sanctions,” Dickens said. “She would be treated as an adult and not as a child. The defense withdrew the plea when they could not argue for juvenile adjudication. The defense wanted all juvenile adjudication all along. Both sides didn’t fully understand the law. Both sides didn’t realize that a first-degree conviction would be an automatic adult conviction. There was a fundamental misunderstanding.”

Linares and Alexis Shields, now 16, are charged with smothering Evelyn Miranda in her San Patricio home on June 8, 2011, stealing her car, cell phone and computer. They first fled to Roswell and eventually to Eddy County, where they were arrested two days later.”

Girl charged with killing foster mother goes to trial after plea deal deemed not legal

[Alamogordo Daily News 1/15/13 by Duane Barbati]

Update 6: “A 17-year-old girl who smothered her foster mother in 2011 will spend about 10 years in prison.

Twelfth Judicial District Judge James W. Counts on Wednesday sentenced Alexis Shields to 30 years in prison but suspended 17. Shields will receive credit for the 999 days she has spent incarcerated since the June 2011 death of Evelyn Miranda.

Counts said before passing sentence that Shields may not be a monster but had committed a monstrous act before concluding that she required a lengthy period of incarceration.

During her often incoherent statement, Shields said that she did not want to be perceived as “infamous” but added she had taken responsibility for her actions.

“I’m not asking for anyone’s sympathy; I’m just asking for forgiveness,” she said. “I am very sorry from the bottom of my heart.”

Shields codefendant, Desiree Linares, still faces murder charges.

At the beginning of a three hour, emotionally charged sentencing hearing, Celina Miranda described her mother-in-law Evelyn as a woman dedicated to the foster child care system and someone who would spend her own money to buy clothes for her charges, who often came to her with shoes two sizes too small or bras that didn’t fit.

Often facing Shields, Miranda also spoke of the pain Evelyn’s death brought upon the family and the suffering they have endured because of it.

“It is fortunate that we do not have to hear the gruesome details in a trial,” Miranda said. “It’s hard to look at pictures of her. I miss her so much.”

Deputy District Attorney John Sugg said at the beginning of the hearing that all too often a case becomes about the assailant and not the victim.

“This case is about Evelyn,” he said. “It is about her family.”

The prosecution called for a lengthier 15-year sentence. They characterized Shields as unremorseful, a manipulative girl who has preyed upon other inmates at a juvenile detention facility and smothered Evelyn Miranda with a pillow after helping to bind her arms and attempting to knock her out with a rubbing alcohol-soaked rag.

Conversely, witnesses for the defense, said that Shields — a member of the Mescalero Apache Tribe — is a troubled girl who was taken off the reservation and left at house where she knew no one and fell under the “coaching” of others.

Shields defense attorney Chico Gallegos asked Counts to consider a suspended sentence, arguing that with proper support, Shields would be able to turn her life around.

Shields’ other defense attorney, Anna Aragon, said given the possible range of sentences, Counts’ sentence was well reasoned and well thought out.

“We certainly would have liked to have seen a few more years knocked out,” she said. “Not the entire time, I think that would have been a bit unrealistic but perhaps another two or three down.”

Sugg said he thought the sentence was fair and just considering the fact that Shields was 15-years-old at the time of the murder.

“It was a horrific crime obviously and Evelyn was a great person,” he said. “If it wasn’t for Desiree and Alexis being 15 at the time, I think it should be an easy sentence — they both need to spend the rest of their lives in prison.””

17-year-old girl sentenced in foster mom’s death[Alamogordo Daily News 3/5/14 by John Bear]