Teacher Indicted After Being Cleared Earlier in Death of Autistic Youth, 14

The county grand jury has indicted a Huntington Beach teacher for involuntary manslaughter and felony child endangerment in the May death of an autistic student, the district attorney’s office announced Tuesday.

Jeanne Warnecke, 33, who earlier had been cleared of responsibility in the death of Barth Pico, 14, surrendered early Tuesday to Superior Court Judge Francisco P. Briseno and was released on her own recognizance.

“On May 21, the district attorney declined filing criminal charges, however, further investigation shed new light on the incident,” a written statement from the district attorney’s office said. “Based upon this investigation, a decision was made to bring the case before the Orange County Grand Jury.”

Refused to Comment

A spokeswoman for the district attorney’s office refused to comment on what prompted prosecutors to change their minds and refer the case to the grand jury.

Barth lived at Fairview Developmental Center in Costa Mesa and was attending Gill Education Center in Huntington Beach when he died last May 4. The slender youth reportedly began to misbehave on the bus between Fairview and Gill on the morning of May 1, Huntington Beach police said at the time. Police added that when he finally got to his classroom, he went wild.

The youth, according to accounts, had thrown feces, scratched himself and others and knocked another student down. Warnecke put socks on the boy’s hands to keep him from scratching, tied a diaper around his head to limit his vision, rolled him in an exercise mat and sat on him, police reports said.

But while he was on the floor, Barth stopped breathing, police said. When school officials and paramedics failed to revive him, he was taken to Humana Hospital in Westminster. He was kept alive on a respirator until doctors pronounced him dead three days later.

Allowed to Surrender

Deputy Dist. Atty. Bernadette Cemore said Tuesday that her office presented the case against Warnecke to the grand jury on Oct. 14, 15 and 16. The grand jury indicted Warnecke on the last day of testimony but waited until Tuesday to announce the decision to allow the teacher to turn herself in to the court.

Paul S. Meyer, Warnecke’s attorney, vowed to challenge the indictment, calling his client’s case “a double tragedy.”

“It’s not only a tragedy for the unavoidable death of the boy, but for every dedicated, specially trained teacher who assists in dealing with severely handicapped children in dire circumstances,” Meyer said. “This case will have enormous ramifications.”

Last May 21, Deputy Dist. Atty. Richard F. Toohey announced that criminal charges would not be filed against Warnecke, who had been employed at Fairview since 1978. Immediately after the incident, Warnecke was reassigned from classroom to administrative duties.

Eight days after Toohey’s announcement, Warnecke was fired for violating Fairview policies on the use of restraints, according to Cecil E. Ricks Jr., Warnecke’s attorney in her termination dispute with the institution.

Procedure Forbidden

A Fairview official said after Toohey’s announcement that teachers are not allowed to use a mat and the screening of a child’s vision in combination. Even when used singly in emergency situations, oral or written approval is required, he explained.

“I really cannot say anything about Mrs. Warnecke’s guilt or innocence,” said Hugh F. Kohler, director at Fairview.

“We at Fairview took the steps we felt we had to take when we determined she violated our policies and procedures,” Kohler said. “It was on that basis (that) she was fired from state service. The criminal proceeding will be decided on the basis of other information.

“That is up to a judge and a jury to decide ultimately if what she did was or was not criminal.”

Warnecke could not be reached for comment, but Meyer said that Pico’s death “had a very severe impact on her.”

“This woman is a person who really cares about children,” Meyer said. “She was operating in a professional capacity, doing her life’s work. With the legal process taking effect, it’s had an even greater impact on her.”

Warnecke is scheduled to be arraigned before Judge Briseno on Nov. 10.