How Could You? Hall of Shame-Nathaniel Gard case-Child 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 Newark, Ohio, 5-year-old foster child Nathaniel Gard “died June 6 [2018] from his injuries at Nationwide Children’s Hospital in Columbus. ”

“A 911 call placed from the home of a 5-year-old who died last week described the child as giggling and having fun moments before he stopped breathing.

The call, which was placed on June 2, indicated Nathaniel Gard had been wrestling with one of his foster parents and a 6-year-old brother.

The caller said Gard had “started breathing weird” and then become unresponsive. He then stopped breathing and CPR was started by Gard’s other foster parent, 29-year-old Kenneth Schulz.

Gard had been placed in the couple’s home in a pre-adoptive foster care placement after the child’s parents rights were terminated, Assistant Licking County Prosecutor Paula Sawyers said. She added that Schulz and his husband, William, had been planning on adopting Gard and another son.

Schulz, last known address 87 Jefferson Road, Newark, was arrested June 2 after it was determined Gard had suffered severe injuries.

Medical personnel determined Gard suffered numerous injuries including severe head trauma, detached retinas, bilateral retinal hemorrhages and bruising to much of his body.

Gard also had two cuts to his genitals, according to court records.

The injuries are consistent with physical abuse, court records said.

Schulz reportedly told detectives he had “used wrestling type moves” on Gard, including body slamming him.

Newark Police said Monday Schulz admitted to using a “power bomb” move and said he had picked Gard up over his head and body slammed him into a sofa, causing Gard’s head to hit the back of the sofa.

About 15 seconds later, Gard reportedly became unresponsive.

Schulz reportedly told police he had not told medical personnel about the “moves” he had used.

Gard did not regain consciousness and died June 6 from his injuries at Nationwide Children’s Hospital in Columbus.

Police said it appears Gard may have died from a blunt force trauma injury to his head region. It may be several weeks before the official cause of Gard’s death is available.

Schulz is currently charged with child endangering, a second-degree felony. He is being held in the Licking County Justice Center in lieu of a $500,000 bond.

Sawyers said additional charges, including murder, will be considered by a grand jury in the coming weeks and months. Additional investigation is needed, as well as the official ruling of the Franklin County Coroner’s Office, she said.

Sawyers said the case will likely be indicted without a homicide charge later this week, with a homicide charge coming later after additional investigation.

The continuing investigation will determine which of Ohio’s homicide laws, if any, would apply in the case, as well as determine if William Schulz will face any charges.

Gard had been placed in the home as a pre-adoptive placement, Sawyers said. The men were licensed foster parents, Sawyers said.

The children had been placed in the home in late 2017, she said.

The other child in the home was not injured, Sawyers said. That child has since been removed from the home.

Gard’s biological parents no longer had parental rights and he was in the permanent custody of the Department of Job and Family Services, Sawyers said.

A funeral for Gard is scheduled for Tuesday at First United Methodist Church in Newark. Visitation will be held from 5 to 8 p.m. Monday at Brucker-Kishler Funeral Home in Newark.

He is survived by six siblings.”

Foster parent charged after 5-year-old dies from severe injuries

[Newark Advocate 6/11/18 by Bethany Bruner]

“Schulz and his partner, who is not facing any charges, were licensed as foster parents through Caring for Kids, a private agency.

Caring for Kids follows guidelines set by the Ohio Department of Job and Family Services that licensed foster parents must follow, said Jill Davies, the agency’s Director of Domestic Adoptions. The process includes full background checks, home visits and required training that usually takes three to four months to complete, she said.

Davies would not say whether Schulz and his partner had previously hosted foster children, citing confidentiality reasons. She said the agency is fully cooperating with the investigation.

“We are very, very saddened by this whole tragic event,” Davies said.”
Newark foster parent charged in 5-year-old’s death

[The Columbus Dispatch 6/11/18 by Abbey Marshall]

REFORM Puzzle Piece

Update:“One of the foster fathers caring for a 5-year-old boy who died earlier this month from severe injuries has been indicted and more charges could be coming in a matter of weeks.

Kenneth Schulz, 29, of Newark, was formally charged with two counts of endangering children, one a second-degree felony and one a third-degree felony, in Licking County Common Pleas Court Thursday.

Schulz was one of the foster fathers caring for 5-year-old Nathaniel Gard and Gard’s brother on June 2. Police and paramedics were called to the home Schulz shared with his husband,William, after Nathaniel had reportedly become unresponsive and stopped breathing.

Nathaniel died June 6 at Nationwide Children’s Hospital in Columbus. Preliminary reports show he suffered multiple severe injuries, including severe head trauma, detached retinas, bruising and cuts to his genitals.

Assistant Licking County Prosecutor Paula Sawyers said additional charges, including homicide, are likely in the coming weeks against Schulz.

“We’re waiting on the autopsy to give us a final cause of death and to give us information on the totality of injuries,” she said. “There will be a homicide charge of some kind based on the information we have. We need to determine what exactly that will be.”

Sawyers said the autopsy results, as well as medical records and records from Licking County Children Services and Caring for Kids, the agency which Schulz was registered as a foster parent with, will help determine the charges and if William Schulz will be charged.

“We don’t want to overcharge and we don’t want to undercharge either,” she said.

Sawyers said more information is needed before determining whether William Schulz will be charged.

Autopsy results from the Franklin County Coroner’s Office could be coming in as soon as a few weeks, and then additional charges could be filed.

Kenneth Schulz remains in the Licking County Justice Center in lieu of a $500,000 bond. He is next scheduled to appear in court Tuesday for an arraignment.”

No homicide charges yet for 5-year-old’s foster parent, but expected soon

[Newark Advocate 6/14/18 by Bethany Bruner]

Update 2: “One of the foster fathers caring for a 5-year-old boy who died in June has been indicted on charges of murder and involuntary manslaughter.

Kenneth Schulz, 30, of Newark, was indicted by a Licking County grand jury last week. In June, Schulz was indicted on two endangering children charges, one a second-degree felony and the other a third-degree felony, in Licking County Common Pleas Court.

According to Paula Sawyers, Licking County Assistant Prosecutor, the office was waiting to receive the autopsy in order for an independent expert to look at the entire case. The office consulted with Dr. Jonathan Thackeray, who is the Chief Medical Community Health Officer at Dayton Children’s Hospital, she said, in order to determine whether the alleged actions were reckless or abuse.

The prosecutor’s office received the autopsy back about three to four weeks ago and presented the case to a grand jury on Wednesday after speaking with Thackeray a couple days before. Sawyers said the child’s injuries appear to be consistent with abuse, which is what led to the murder charge.

Schulz was one of the foster fathers who was caring for 5-year-old Nathaniel Gard and Gard’s brother on June 2. On that day, police and paramedics were called to the home Schulz shared with his husband, William, after Nathaniel reportedly became unresponsive and stopped breathing.

A 911 call from their Newark home indicated Kenneth Schulz had been wrestling with Nathaniel and the boy’s 6-year-old brother when he “started breathing weird” and became unresponsive.

During an interview, Schulz had reportedly told Newark police detectives he had “used wrestling type moves” on Nathaniel, which included body slamming him. Schulz allegedly admitted to using a “power bomb” move on the child, picking the child up over his head and body slamming him into a couch, which caused the boy to hit his head on the back of the couch. Seconds later, Nathaniel had reportedly become unresponsive.

Nathaniel died at Nationwide Children’s Hospital in Columbus four days after the 911 call was made. Medical personnel determined Nathaniel had suffered several injuries, including severe head trauma, detached retinas, bilateral hemorrhages and bruising to much of his body.

Court records indicated the boy had two cuts to his genitals and the injuries were consistent with physical abuse.

According to Newark police, Nathaniel and his brother were placed into Schulz and his husband’s care in December 2017 for pre-adoptive foster care placement through Caring for Kids, which is located in Cuyahoga Falls, Ohio.

Their foster care placement came after the boys’ mother gave up her parental rights, reportedly claiming she felt they weren’t safe in her care. Court records indicted Licking County Children Service became involved with the boys in December 2014.

According Sawyers, the other child was not injured and was removed from the home.

Schulz is scheduled to appear for an arraignment at 8:30 a.m. Tuesday. The case is set for trial Nov. 1 in Licking County Common Pleas Court.”

Newark foster father faces murder charge in death of child

[Newark Advocate 10/22/18 by Michaela Summer]

Update 3:“Schulz’s jury trial is scheduled to begin Feb. 5, according to court records.”

No. 8 story of 2018: Child dies in care of foster parent, man indicted for murder

[Newark Advocate 12/26/18 by Maria DeVito]

Update 4:“A Newark man has pleaded guilty to charges filed in the death of his 5-year-old foster child.

Kenneth S. Schulz, 30, of Newark, pleaded guilty to one count each involuntary manslaughter, a first-degree felony, and endangering children, a third-degree felony in Licking County Common Pleas Court on Monday morning.

According to Assistant Licking County Prosecutor Jenny Gonzalez-Wells, charges of murder and an additional endangering children were dismissed as part of a plea deal.

During a plea hearing, Gonzalez-Wells said on June 2, 2018 Schulz “caused serious physical harm to a child” while at their Newark home. She said the child’s injuries included severe head trauma, bilateral retinal hemorrhages, and detached retinas, and bruising to other areas of his body.

“The defendant was interviewed and admitted that he used wrestling type moves on the child, including but not limited to body slamming the child immediately prior to the onset of the child’s symptoms,” Gonzalez-Wells said, later adding an autopsy found the head injury was the cause of death.

Charges were filed in June 2018 against Schulz after medical personnel determined his foster son, 5-year-old Nathaniel Gard, determined the child suffered severe injuries.

During an interview with Newark police, Schulz allegedly admitted to using a “power bomb” move, saying he picked Gard up over his head and body slammed him into a sofa, which caused Gard’s head to hit the back of the sofa.

About 15 seconds later, Gard reportedly became unresponsive. He did not regain consciousness and died four days later at Nationwide Children’s Hospital in Columbus.

Judge Thomas Marcelain requested a pre-sentence investigation be completed before Schulz is sentenced. Licking County court records indicate sentencing is set for Aug. 19.

Schulz faces up to 11 years in prison for the involuntary manslaughter and endangering children charges, according to Gonzalez-Wells.”

Murder charge dropped as Newark man pleads guilty in death of foster child

[Newark Advocate 8/5/19 by Michaela Sumner]

Update 5:“A Newark man was sentenced to four years in prison after he pleaded guilty to charges filed in the death of his 5-year-old foster child.

Kenneth S. Schulz, 30, of Newark, pleaded guilty to one count each of involuntary manslaughter, a first-degree felony; and endangering children, a third-degree felony, in Licking County Common Pleas Court two weeks ago.

A murder charge and additional count of endangering children were dismissed as part of the plea deal. Assistant Licking County Prosecutor Paula Sawyers told The Advocate children’s services saw the children in the days leading up to the incident, and the children frequently went to doctors who expressed no concerns about child abuse, which were factors that led to the outcome of the charges.

During a recent plea hearing, Assistant Licking County Prosecutor Jenny Gonzalez-Wells said in June 2018, Schulz “caused serious physical harm” to 5-year-old Nathaniel Gard while at their Newark home. She noted Gard’s injuries, which included severe head trauma, bilateral retinal hemorrhages, detached retinas, among other injuries.

Schulz’s voice broke repeatedly as he tearfully apologized to Nathaniel’s biological family, medical professionals, and the adoptive and foster community. He said he wished he could apologize to Nathaniel.

“Please understand that he was more than just a foster kid to me,” Schulz said, later saying there was no malicious intent or abuse. He said he would never intentionally hurt Nathaniel or his brother.
Schulz said he hopes one day he can reach out to dads and uncles everywhere who play wrestle with their children so they can find a better way to “playfully engage” with kids.

I thought that we were doing everything right. We were told that we were doing everything right – with playful engagement,” Schulz said, explaining his father had play wrestled with him as a child. “It’s not okay – it was reckless and it led to something so horrible that if I could just go back in time and do it all over again, to change the outcome. But it’s too late and I understand that.”

Nathaniel’s family remembers him in court

Over 40 people appeared for the hearing Monday morning, some of whom spoke tearfully as they remembered Nathaniel. Others spoke about the trauma his brother, who was 6 at the time, endures.

A handful of people also spoke in support of Schulz.

John Gard, Nathaniel’s maternal grandfather, described the moments that followed a phone call he said he’d never forget. As he and his wife rushed to the hospital, Gard said he was unable to drive he was so upset.

Gard affectionately described his grandson, saying his “beautiful smile could melt you on the spot.”
Since then, Gard said they’ve adopted Nathaniel’s older brother, who he said is scarred from the trauma of that day and the ones that followed.

“The defendant will someday be able to finish his prison term and then be able to start his life over,” Gard said. “Nathaniel was never able to start kindergarten.”

Nathaniel’s grandmother, Elaine Gard, described Nathaniel as a “smiley little guy.” She too commented on the the effects of that day on Nathaniel’s brother, who has been learning to keep his angry feelings under control.
Elaine Gard said after more than a year with his grandparents, he’s begun to trust his grandfather and learned to say ‘I love you’ again and mean it.

Another woman who adopted one of Nathaniel’s brothers mourned the lost opportunity for her son to know his biological brother. A woman who said she served as a foster parent to Nathaniel’s brother in June and July last year broke down as she shared how she took the child to see his brother on life support, then during a private viewing.

Mackenzie Peterson, a child psychologist, said she’s been working with Nathaniel’s brother through play therapy. In her 15 years working as a child psychologist, Peterson said she’s never seen such trauma. She described the child as in a “constant state of flight or fright” and said his life will be impacted forever.

Speaking in support of Schulz, a woman who identified herself as a cousin said he’s shown nothing but remorse and that while nothing will erase the trauma, she asked Marcelain to consider the incident wasn’t intentional.

Another woman who met Schulz at church said the foster children flourished under Schulz and his husband’s care. She added how Schulz continually talks about how much he loved his boys.

Newark police detective Steve Vanoy, who investigated the case, said Schulz had the opportunity to tell emergency personnel what happened, but he didn’t until several hours later. While he wasn’t sure telling sooner would’ve made a difference in Nathaniel’s outcome, Vanoy questioned why Schulz didn’t explain then what happened.

During the hearing, Sawyers said Schulz was a licensed foster father and received specialized training, and was “expected to provide a safe and stable, caring environment for Nathaniel.”

Sawyers noted Schulz and Nathaniel’s height and weight differences.

“The defendant himself to the police described Nathaniel as ‘very fragile’ and ‘very developmentally disabled.’ He knew about the Arachnoid cyst that Nathaniel was born with, which created even greater risk of head injuries to the child,” Sawyers said. “And yet, he used what he described as WWE wrestling moves, which he described as a body slam and a power bomb move…”

Judge asked to impose 10-year sentence
Sawyers recommended Judge Thomas Marcelain impose a 10-year prison sentence.

Defense attorney Eric Brehm said his client has been haunted by the events that led everyone to the courtroom on Monday morning. Brehm noted Schulz didn’t have any criminal background and had several supporters in the courtroom.

While Brehm said he wasn’t there to excuse what happened, he asked Marcelain to consider Schulz’ criminal record and that a similar act is unlikely to occur.

In imposing a sentence, Marcelain said Nathaniel’s injuries were exacerbated by his physical condition and age. He added Schulz’ position as his parent required him to prevent those injuries.

Marcelain continued saying he didn’t doubt Schulz’ remorse and acknowledged he took responsibility by entering a guilty plea.

Referencing other similar cases, such as Danielle Dush, Marcelain sentenced Schulz to four years in prison with 441 days of credit for time served. Upon his release, Schulz will be required to complete five years of post-release control.”

Newark foster father sentenced to 4 years in prison in child’s 2018 death

[Newark Advocate 8/19/19 by Michaela Sumner]