State had removed slain Texas kids from home
HOUSTON -- Six children who were fatally shot in their Houston home along with their mother and her husband were temporarily removed by Child Protective Services from the household in 2013 after allegations of domestic violence and a lack of supervision.
The children were placed in foster care in September 2013 when the agency filed a lawsuit to remove them from the home. They were returned about a month later after the suit was dismissed by a judge, Patrick Crimmins, a spokesman for Texas Department of Family and Protective Services, which includes CPS, said Tuesday.
Questions about the agency's dealings with the family have arisen since the six children, their mother, Valerie Jackson, and her husband were killed Saturday. Jackson's former domestic partner, David Conley, is charged with capital murder for their deaths, and the Harris County Sheriff's Office has said problems between Conley and Jackson might have led to the shootings.
Court records show Conley, 48, had a history of domestic violence against Jackson, something Child Protective Services noted in its 2013 lawsuit.
Crimmins said he couldn't comment on why Juvenile Court Judge Glenn Devlin dismissed the lawsuit. Natalie Yates, Devlin's court coordinator, said the judge can't comment on the lawsuit due to confidentiality issues. Donna Everson, an attorney who was appointed to represent the six children, did not immediately return a call seeking comment.
According to CPS' lawsuit, the children told authorities they were often left alone. On at least two occasions, then-7-year-old Caleb left the home and wandered around the family's neighborhood unsupervised.
Another child, Nathaniel, told investigators "he gets whooped all the time."
Killed in the shooting on Saturday were: Jackson, 40; her husband, Dwayne Jackson; and her children, 13-year-old Nathaniel; 11-year-old Honesty; 10-year-old Dwayne; 9-year-old Caleb; 7-year-old Trinity; and 6-year-old Jonah. Authorities say Nathaniel was Conley's son from his relationship with Valerie Jackson, while the Jacksons were the parents of the other five children. All were shot in the head.
Conley's court appointed attorney, Joseph Scardino, didn't return a phone call seeking comment on the allegations Tuesday.
Court records show Conley had been charged at least twice with assaulting Valerie Jackson, most recently last month. They had recently ended their relationship.
CBS affiliate KHOU reported that in one of those cases, Conley was charged with felony retaliation against Valerie Jackson in 2002.
Because of two previous felony convictions, Conley could have gotten 25 years to life if convicted on that third felony. However, current Harris County district attorney and then-prosecutor Devon Anderson, who oversaw the court handling the case, signed off on a five-year plea deal for Conley. Her office said it was Valerie Jackson who forced its hand.
"Basically what happened to that case is what happens with so many domestic violence cases: The victim recanted her story," Jeff McShan with the Harris County District Attorney's Office told KHOU.
McShan said not only did Jackson say on several occasions that the incident never happened, she blamed it on an ex-boyfriend. But McShan said because of Conley's long, violent history, including domestic violence against Jackson, prosecutors pursued the case for months.
"We went all the way up to the trial date hoping she would tell the truth about what happened, show up for court, but we couldn't even locate her," says McShan.
Complicating things further were Jackson's open warrants from Wisconsin for theft and bail jumping, along with previous convictions, including three for prostitution in 2001 and one for trespass in 1995.
Now Anderson and her office will have another shot at putting Conley away for good, but this time they could also ask for the death penalty.
"We're talking about a span of three to four months before that decision will be made," Anderson told reporters outside Conley's court hearing on Monday.
Neighbors told reporters after the shooting that they had been concerned about the children.
"The little one, Jonah, he used to be on the street by himself with the other kids, cars driving by and everything and no adult supervision," said Carlos Sanchez, 40, who lived across the street from the family.
Crimmins said in an email that although the children were returned to the home, Conley and Valerie Jackson were ordered to participate in counseling and random drug testing. That part of the case was dismissed in March 2014 after they successfully completed all court-ordered services, Crimmins said.
The agency conducted periodic visits and interviews with the children until the case was closed on May 27, 2014, he said.