Michal Ray Nicholson had a very hard life. He had a very limited vocabulary, and for the most part couldn’t talk. Because of this he was abused in many ways, and on many occasions. He could not “tell on” his abusers, and always his abuse was covered up.

Even when abuse, or neglect were CONFIRMED, the state employees were simply fired, and that was ALL, that could be done, since the Lubbock Police Department refuses to investigate crimes at the Lubbock State School, as if these people are not even citizens of Lubbock. The District Attorneys’ office cannot or will not act unless the LPD refers the case to them.

Mike’s right forearm was broken the first time (supposedly) by another client, in 1991. Nobody notified his mother and guardian, or family until FOUR DAYS later when he was sent to University Medical Center (UMC). It required a metal plate be surgically placed to stabilize the bone. It was FOUR DAYS, before he received any treatment or pain medications, because it was a holiday weekend, and the LSS doctor refused to come to the school to examine him. Because it was reported that another client had broken his arm, nothing was done. BUT, the doctor was later fired.

His arm was broken again in the same place by one of his caretakers; one week after the cast was removed from the first break. While being restrained, A staff member became too rough, breaking his arm again.  A new cast was required to reset the arm and plate. Abuse WAS CONFIRMED, but nothing was done.

In 2006 Mike’s leg was broken just above the ankle. It required surgery to place a steel plate with screws to stabilize the leg bone. It was reported that NOBODY even knew that his leg was broken, thus NOBODY had any idea HOW it got broken. Nothing was done about abuse, or neglect?

In 2006, Mike’s scrotum was badly “ripped” open, and he was taken to the hospital, where a specialist was called to do surgery under anesthesia with many internal sutures. His family drove to Lubbock, going to University Medical Center (UMC), upon arrival we called the Lubbock Police Department and reported the issue. We demanded that the police take photographic evidence for use in the investigation, which they did.

Upon investigation however, the Police photos had disappeared, and the State Schools records indicated that he had fell down on the arm of a couch which had a screw protruding, and that was how his scrotum was “scratched”. No abuse or neglect was confirmed. It was determined to be "self injurious behavior".

In 2007 it was CONFIRMED that Mike had been beaten with a heavy commercial shower hose (we later found out, that his neck was broken at the time). A LSS staff member reported that they saw severe welts forming on Mike immediately after he exited the shower. Upon investigation, it was determined that he had an assigned one-on-one caretaker, who was with him in the shower area. However, they were alone in that area, and the one-on-one caregiver denied any wrongdoing. Since Michael couldn’t “tell on” him, and there were no witnesses to the actual beating, it could NOT be proven WHO had beaten him, so nothing was done!

Due to several medical issues that Mike’s mother had, seven months passed with no personal visits, but she was in daily contact with the LSS via telephone, and she was always told that Mike was doing fine. In June of 2007, we went to see Mike and noticed that he couldn’t hold his head upright or turn it, and that he had trouble walking. Upon closer inspection we noted a HUGE knot on his neck, it was OBVIOUS that it was broken, or badly out of place.

When we asked about it, the LSS staff told us “Oh, he’s OK, he’s been like that for months, and it’s just a degenerative condition” (Like arthritis). This seemed strange to us because he had NEVER had any such knots or conditions before.

We immediately tried to see the LSS doctors, who were “unavailable”, so they sat us down with an RN, who reassured us by saying “if Mike’s neck was broken, he wouldn’t be walking around”.

We demanded to review the medical records, which indicated that he had seen a LSS Doctor (Dr. Rodriguez), SEVEN MONTHS previously, and had an x-ray taken at that time by the LSS doctor (Dr. Rodriguez). The radiologist, at UMC who reviewed the x-ray, stated that he couldn’t tell anything, due to the poor quality of the x-ray, and recommended a CT scan, and further testing.

Dr. Rodriguez, the LSS Doctor decided to ignore the radiologist recommendation, and diagnosed the issue as a “degenerative condition”! No one ever notified his mother/guardian, or told the family anything.

We demanded (immediatly) that he be taken for x-rays, CT scans, or “something”. An appointment was scheduled for a WEEK later, and he was taken to UMC, where a CT scan was performed. The radiologist IMMEDIATELY placed a cervical collar on him, and put him in the Intensive Care Unit! (After 7 months!)

A neurosurgeon (Dr. Patrick Cindrich) determined that his neck WAS BROKEN, and that it had to be repaired. It entailed an 8 hour very delicate surgery, where they placed rods, and holders with screws into the vertebra, and performed bone graphs to repair the separation.

This meant that he had SURVIVED for SEVEN MONTHS with a broken neck, and managed to not damage his spinal cord! During all that time, he received no pain medications or treatment for his neck! The neurosurgeon (Dr. Patrick Cindirich) stated that Mike had been in severe pain during all that time, due to the vertebra "grinding" directly together.

Upon investigation as to HOW his neck was broken, it was found that the pertinent records for a three day period were just GONE! MISSING! How many people had too be involved for that to happen? At what level of supuervisor? Due to this, it could not be determined HOW his neck was broken, thus nothing could be done about any neglect, or abuse relevant to that.

We spoke with Advocacy Inc. who is a taxpayer supported MHMR organization who is supposed to defend & advocate for the mentally handicapped. They referred us to an attorney, who just told us “you need to work with the LSS, and get along with them”. We later discovered that the attorney handles legal matters FOR the LSS.

We also sought advice from other attorneys, and one law firm advised us that we couldn’t sue for pain & suffering, as Michael couldn’t testify to those issues in court, and that we couldn’t sue for lost wages etc, because he had no "career".

We did file a complaint with the Texas State Medical Board, and (after about 18 months), they determined that Dr. Rodriguez was guilty of medical neglect; he was fined $1000.00, and ordered to take 20 hours of medical continuing education. He is still employed at the LSS.

To see the record of Dr. Rodriguez;

You must first go here, http://reg.tmb.state.tx.us/OnLineVerif/Phys_NoticeVerif.asp?

Then click the “I Accept the Usage Terms” button (at the bottom),

Then just enter his license Number E8858 into the form, then click the “search” button, and all will be revealed!

ALSO see; 

H.R.695
Title: A bill for the relief of Dr. Ricardo Mateo Rodriguez.
Sponsor: Rep Stenholm, Charles W. [TX-17] (introduced 1/5/1981)      Cosponsors (None) Private bill
Latest Major Action: 1/5/1981 Referred to House committee. Status: Referred to House Committee on The Judiciary.

And finally, some of the Lubbock State School Records pertaining to Michaels’ death have been altered, or are missing completely.

Six Lubbock State School Employees have been fired. But to date, only one arrest has occurred.

We are attempting to get Justice 4 Michael, for ONCE in his life!          When he was KILLED!