Published: Friday, June 1, 2007
Lawyer hired for starved boy
State social workers didn't act fast enough in 4-year-old Shayne Abegg's case, the attorney says
EVERETT - Shayne Abegg has a strong ally.
An attorney with a history of winning multimillion-dollar settlements stands on the side of the 4-year-old Everett boy prosecutors believe was starved as punishment.
State social workers should have acted faster to remove Shayne from his father's home after they saw signs of abuse, Seattle attorney David Moody said Thursday.
"From the documents I've reviewed," Moody said, "it appears clear that DSHS had ample warning and red flags that little Shayne was being abused and failed to take action."
The boy's court-appointed guardian hired Moody on Thursday to pursue a civil lawsuit on behalf of Shayne.
The state Department of Social and Health Services declined to comment because litigation is pending.
Shayne weighed only 22 pounds when he was removed from his father's south Everett apartment in March.
Prosecutors believe the boy's father, Danny J. Abegg, and his girlfriend, Marilea Rose Mitchell, punished the boy by not feeding him.
The boy lived with them for about a year and weighed less than half the weight of a healthy child the same age. Shayne had open sores, was too weak to sit up on his own and shook when he stood.
Abegg and Mitchell have been charged with first-degree criminal mistreatment.
State child welfare workers had counseled Abegg and Mitchell about how to address Shayne's habit of hoarding food, according to court records.
Before living at their father's apartment, Shayne and his older brother, 7, reportedly had gone days without food while they were with their mother, caseworkers noted.
After the boys moved in, Abegg allegedly ignored advice to leave food out as a way to reassure the boys that they wouldn't go hungry again.
Instead, he told a caseworker he locked up the food and sent the boys to their room if they got into it, according to court papers.
A child welfare worker last visited the family in January and reported that Shayne appeared to be in good health.
Child welfare authorities are still reviewing the case to determine whether any policies were violated.
Meanwhile, Shayne has been placed in a foster home.
"He's in a safe, loving home. He's receiving love and support but his medical issues are quite complex," Moody said. "We're not ready to comment on how he is doing physically or mentally."
Several years ago Moody represented Linda David in a civil lawsuit against the state.
The Everett woman had been held captive on a filthy sailboat on the Snohomish River and suffered years of abuse at the hands of her husband. The state had paid Victor David to provide in-home care for his wife.
The civil case eventually was dismissed before trial after the state agreed to pay Linda David nearly $9 million.
Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.
An attorney with a history of winning multimillion-dollar settlements stands on the side of the 4-year-old Everett boy prosecutors believe was starved as punishment.
State social workers should have acted faster to remove Shayne from his father's home after they saw signs of abuse, Seattle attorney David Moody said Thursday.
"From the documents I've reviewed," Moody said, "it appears clear that DSHS had ample warning and red flags that little Shayne was being abused and failed to take action."
The boy's court-appointed guardian hired Moody on Thursday to pursue a civil lawsuit on behalf of Shayne.
The state Department of Social and Health Services declined to comment because litigation is pending.
Shayne weighed only 22 pounds when he was removed from his father's south Everett apartment in March.
Prosecutors believe the boy's father, Danny J. Abegg, and his girlfriend, Marilea Rose Mitchell, punished the boy by not feeding him.
The boy lived with them for about a year and weighed less than half the weight of a healthy child the same age. Shayne had open sores, was too weak to sit up on his own and shook when he stood.
Abegg and Mitchell have been charged with first-degree criminal mistreatment.
State child welfare workers had counseled Abegg and Mitchell about how to address Shayne's habit of hoarding food, according to court records.
Before living at their father's apartment, Shayne and his older brother, 7, reportedly had gone days without food while they were with their mother, caseworkers noted.
After the boys moved in, Abegg allegedly ignored advice to leave food out as a way to reassure the boys that they wouldn't go hungry again.
Instead, he told a caseworker he locked up the food and sent the boys to their room if they got into it, according to court papers.
A child welfare worker last visited the family in January and reported that Shayne appeared to be in good health.
Child welfare authorities are still reviewing the case to determine whether any policies were violated.
Meanwhile, Shayne has been placed in a foster home.
"He's in a safe, loving home. He's receiving love and support but his medical issues are quite complex," Moody said. "We're not ready to comment on how he is doing physically or mentally."
Several years ago Moody represented Linda David in a civil lawsuit against the state.
The Everett woman had been held captive on a filthy sailboat on the Snohomish River and suffered years of abuse at the hands of her husband. The state had paid Victor David to provide in-home care for his wife.
The civil case eventually was dismissed before trial after the state agreed to pay Linda David nearly $9 million.
Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.
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