Commerce City police: Lakewood officer abused baby
By Judi Villa, Rocky Mountain News
Published November 1, 2008 at 12:05 a.m.
Photo by Cuin Family Photo
Dave O'Shell and Tiffany Cuin-O'Shell, with baby Alyssa, who died Tuesday. She suffered from spinal muscular atrophy.
In the final days before Dave O'Shell killed his wife and then himself, the Lakewood police officer had become the prime suspect in a child-abuse investigation.
His baby girl, Alyssa, had been taken from him. And, although O'Shell insisted he was innocent, he feared he was about to be arrested.
After he died, genetic tests confirmed Alyssa had spinal muscular atrophy, an often-fatal genetic disease that prevents muscles from developing.
But even after Alyssa died from the disease this week, Commerce City police still say Dave O'Shell abused his daughter.
"We had probable cause to arrest David for those charges," Sgt. Joe Sandoval said Friday. "The injuries were not consistent with the disease the child had."
The parents of O'Shell's wife, Tiffany, insist that's absurd.
"These kids could not have done this," said Paul Cuin, Tiffany's father.
The O'Shell case and its tragic outcome highlight the difficulties in investigating child-abuse allegations.
Tiffany's parents blame a system that they say is overzealous and too eager to assume guilt.
"You're pretty much presumed guilty," Paul Cuin said. "They were constantly pushing and pushing for Dave to admit he was guilty.
They wouldn't accept any other explanation."
But parents often come under suspicion simply because they are a child's caregiver and unraveling child abuse allegations is a complex process that involves interviewing people who have regular contact with the child and reviewing medical records.
"Our job really is to go out and find out what's going on. We don't make an assumption of guilt or innocence," said Darwin Cox, director of the Children and Family Services Division in Adams County.
The final decision to remove a child from a home is made by the court, and each recommendation from a caseworker is reviewed by a team to ensure that the investigation was complete and the conclusion appropriate.
Cox couldn't speak directly about the O'Shell case because of confidentiality laws, but he did say it was "really a horrible tragedy all around."
And, he said, "We did what we needed to do under the circumstances with the information we had."
Alyssa was removed from her parents' home after her mother took her to the doctor because of a swollen leg.
The doctor sent mother and daughter to the hospital where follow-up X-rays revealed 11 fractures.
Jackie Cuin, Tiffany's mother, provided a copy of an e-mail from a doctor at the University of Utah Department of Pediatrics, who reviewed Alyssa's x-rays and determined the "fractures are consistent" with spinal muscular atrophy.
Cox said Friday that, generally speaking, if medical testing turned up a reason for a child's injuries that caseworkers would admit their mistake "in a heartbeat" and return the child.
By the time Alyssa's tests came back, however, Dave O'Shell had shot his wife to death as she slept then put the barrels of two guns in his mouth and pulled both triggers.
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November 1, 2008
12:46 a.m.
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jmfslots writes:
My first thought on this case were that the Father was Guilty. My error. Then after the Suiside and childs death I thought the father was wrongly convicted in the press.
Now- the police are trying to cover their as$.
A man committed a Murder Suicide- we think. It might have been a dual suicide.
Both parents were under soo much stress from the press and reached the breaking point. All the goodie two shoe DSS workers did was create so much pressure on this man that he broke.
His wife is advised to seek a divorce. He faces charges that he knows can be so one sided it's sickening. He will loose his kids- his wife- his career and future. He broke- or they broke. Thank You DSS for all your help?
November 1, 2008
2:16 a.m.
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BeautifulButterflies writes:
It was not dual suicide!!!!!!!!!
November 1, 2008
3:40 a.m.
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forty5ford writes:
These families have been through enough gut wrenching circumstances and these renewed public assertions by the CCPD are serving to re-victimize these families and prolonging the agony of these tragedies. Their actions are highly insensitive and inappropriate, and they carry a feeling that they are attempting to convict the deceased by solely acting as judge and jury using only their findings while thumbing their noses at the medical findings. Enough is enough. Its time for CCPD to button their lip and allow these families to grieve these terrible loses and work toward healing.
November 1, 2008
4:26 a.m.
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roger44 writes:
we will never know if the wife wanted to go go along with him, but serious mistakes were made here, too quick to judge, they didn't wait for medical exam to exonerate him.
November 1, 2008
7:16 a.m.
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Cowboy63 writes:
This story is a disaster all the way around. I would want the authorities to take the child into protective custody under these circumstances (unexplained broken bones), but confidentiality has to be key. But...
They had a cop on the hook and couldn't wait to drag him through the street publicly accusing him of gross child abuse with no concrete evidence.
What O'Shell did was unacceptable. I can sympathize with the young couple over the public humiliation they were being put through, but Suicide is the ultimate act of a selfish coward.
Just hope you're not the next family the Commerce City Police and Social Services decide to go after.
November 1, 2008
7:21 a.m.
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DahmersCookbook writes:
"11 fractures", this isn't the movie Unbreakable, this little girl wasn't Mr. Glass. The monster of a fater abused a very helpless little girl. Why, because she was different?. He was a power-hungry coward. To destory life and avoid what, some jail time. He didn't want to sit with those he put away, he was better than that.
What a POS. No respect for this thing that posed as a man.
November 1, 2008
7:27 a.m.
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sheepherder writes:
Dahmer, do you have some insight nobody else has?
November 1, 2008
8:02 a.m.
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masonp77 writes:
yeah dahmer, do you have some of the records that show the 11 fractures because i just went through this story again, and i couldn't find any reference to that number or even the word fracture.
the idea behind munchausen syndrome by proxy has taken hold of our hospital doctors. i'm sure at first no one, not even the physician's who treated the little girl thought to look for any explanation other than abuse. it's sad, had someone listened instead of assuming, this family may have been saved.
as for the sgt. coming forward now to say they had probable cause, was o'shell arrested, ever. and just because they had 'probable cause' doesn't mean that the child's disease wasn't the explanantion. considering that they only did the test after the deaths of her parents.
November 1, 2008
8:14 a.m.
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bythereever writes:
Cops. Generally undereducated and, judging from their handling of various cases in the media lately, poorly trained. And yet, even after a pediatrician says the fractures were consistent with the disease, these commerce city cops still say they were right and it really WAS child abuse. Not only are they NOT doctors, they're barely educated enough to keep up intellectually with the average guy on the street. Where do they get off challenging professional medical opinions? People, I know there are good cops out there, but as a rule of thumb, FEAR your local thugs in blue, they don't have justice OR your best interests in mind.
November 1, 2008
8:36 a.m.
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gentrrm writes:
My condolences go out to the family for this tragic situation. My first thought in reading this story was how it now seems that the CC police department is attempting to cover their a$$es with what could be false actuations against a family that can’t defend themselves.
To you Dahmers – you’re putting yourself on the same level of the police by speculating and passing judgment of what happened. You have no idea what went on within this family.
As for you masonp77 – read the story a little slower next time. Mention of the 11 fractures is right there in black and white. “The doctor sent mother and daughter to the hospital where follow-up X-rays revealed 11 fractures”.
November 1, 2008
8:53 a.m.
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suffernofools writes:
As many have said, a tragedy all around. In no way condoning what may have been the murder of the wife, I want to respond to another post.
Cowboy63: from a mental health perspective, to say that suicide is the 'ultimate act of a selfish coward' is totally wrong and uninformed. Yes, sometimes it can be, but for those who experience it while caught in what seem like dire circumstances it truly looks like the only way out. A person usually cannot understand that unless they have personally been down that road (contemplating suicide) themselves. Due to my work, I have been called into a number of suicide situations, and believe me, none of those people were selfish cowards. The mind/emotional make-up of a person can be so powerful in controlling a person a times--a reason why some actions are described as 'crimes of passion'. People can and do lose control of rational thought towards themselves and others. Also, do you think the untold thousands of suicides completed by teenagers are the result of selfish cowardice?
Please don't use such a wide stroke when categorizing suicide
November 1, 2008
9:06 a.m.
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The_Punnisher writes:
Pt 1
After last nights censorship I think people should be reminded of this:
http://en.wikipedia.org/wiki/Conscience
Conscience is a hypothesized ability or faculty that distinguishes whether one's actions are right or wrong. In plain English, it is a person's inner sense of what is right or what is wrong morally. It leads to feelings of remorse when one does things that go against his/her moral values, and to feelings of rectitude or integrity when one's actions conform to our moral values. It is also the attitude which informs one's moral judgment before performing any action. The extent to which such moral judgments are based in reason has been a matter of controversy almost throughout the history of Western philosophy.
Commonly used metaphors refer to the "voice of conscience" or "voice within."
Pt 1
November 1, 2008
9:07 a.m.
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The_Punnisher writes:
Pt 2
I know The ROCKY doesn't have one. It can't because it is a CORPORATION.....
You cannot serve two masters. Most corporations serve MAMMON today. That is how we came to ENRON and the latest downfall....
http://en.wikipedia.org/wiki/Mammon:
Webster's dictionary defines 'Mammon' as: 1) the false god of riches and avarice. 2) riches regarded as an object of worship and greedy pursuit; wealth as an evil, more or less personified.[1] Winston defines it to mean: 1) wealth, worldly gain; 2) greed for riches; cupidity.[2] Oxford defines: god of wealth, regarded as evil or immoral; 'those who worship mammon' = greedy people who value money too highly.[3]
I value dealing what is REAL and dealing with REALITY. I made my living by reporting on the FACTS I found out. You would be suprised at who I have worked for and what I helped build.
A good REPORTER will do the same. He/She/It practices REPORTING 101: The Ws and an H. WHAT, WHEN, WHERE, WHO, WHY and HOW
For example WHY did this tragedy happen in the first place?
WHO drove this man to perform it?
We are given WHAT happened.
We are given WHEN it happened.
We are given WHERE it happened.
We are given HOW it happened.
I have been trained to deal in facts. I know how to REPORT them.
REALITY and NATURE have a habit of reminding people about the facts in a very NASTY way, especially when people persist in ignoring them...
In this story,it looks like some people want to DENY the facts.
Why not just admit that people don't want to see these facts and will even resort to CENSORSHIP to DENY them?
DENIAL is not a river in Egypt. DENIAL is a form of Mental Illness.
DENIAL, then finally facing REALITY can end up with making this kind of headline news. It happens more often than you think it does.
Do I like it? NO. Do I REPORT it, and not try to spin the facts? YES!
I'm just adding some of the REALITY to WHY this situation came to be.
So that it DOESN'T have to happen again.
FACTS don't have a Conscience. REALITY doesn't have a Conscience.
But some people do. But it it hard to find people like that today.
Because it it hard work to actually LIVE with a Conscience...
As these people ultimately found out...
Pt 2
November 1, 2008
9:44 a.m.
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Existentalism writes:
Another case of the dirty, lawless infested scumbag police covering their dirty butts.
And a great big shoutout to the inept DSS workers aho are so quick to blame anything on the parents without even a clue as to what is really going on.
And an even bigger shout out to the lame, inept stupid CCPD.
Now, between the ineptness of your two agencies acting with their heads up their butts, a fine family is dead.
Way to go, keep up the good work you scumbags.
November 1, 2008
10:47 a.m.
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mytwosense writes:
It's rather surprising to see some of you folks turning this man into a victim. He did kill his wife along with himself! And I am not convinced at all that the little girl's illness means this man wasn't guilty of abusing her. Innocent people generally don't take their own lives and that of their spouse when charged with a crime they didn't commit. I suppose there are exceptions, but why then didn't he just kill himself? Why his wife, too?
And weren't domestic abuse charges filed against him at some point, as well?
Maybe he didn't abuse his baby, I don't know. But committing a double suicide and homicide sure makes him look guilty of something.
November 1, 2008
11:16 a.m.
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The_Punnisher writes:
Kay, our ADVERSARIAL system of (in) justice DEMANDS that there is SOMEONE who is responsible,even if it requires that someone EXCEPT THE SYSTEM be guilty, proven or not.
You of all people should be familiar with that REALITY.
The worst part is that people and institutions will do anything to make sure that their actions were justified...EVEN LIE UNDER OATH!! ( basic mob psychology )
Even real Pshrinks ( the ones dealing with REALITY ) cannot deny that FACT.
"All that is necessary for the triumph of evil is that good men do nothing."
-Edmund Burke
November 1, 2008
11:31 a.m.
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BeautifulButterflies writes:
As a relative of Tiffany and Alyssa, I just want to let everyone know that the 11 fractures that Alyssa had were old and new. Some of them were healing by the time she had her xrays. I know that in this world people always just to conclusions and they like to express them, it would just be nice if everyone could keep it to a minimum. Thank you to everyone for their sincere thoughts and prayers fro my family.
Also, the system did fail Tiffany and Dave, because everyone they talked to gave them absolutely no glimce of hope for anything. They were both great people and loved Alyssa more than life itself. Did anyone ever think that maybe dave just snapped and waned to protect Tiffany from anymore hurt and pain that was yet to come?
Last, the system may have failed and I'm sure most of them aren't horribly worried about what happened, there are a few that really do feel guilty and are doing what they can to help our family. For those of you not involved, you don't need to forgive or not forgive Dave, that's something for the family and friends to do.
Thank you.
November 1, 2008
11:50 a.m.
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Noia writes:
His family and friends have my sympathy for the loss of these three loved ones.
November 1, 2008
12:03 p.m.
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mytwosense writes:
I do have nothing but sympathy towards the families. I'm sorry, it's easy to forget sometimes that what those of us in the "peanut gallery" are writing may be read by an article subject's family members and friends.
At the same time, the Commerce City police and social services workers probably aren't thrilled to read some of the nasty things being said about them, either.
Especially since they were doing what they're paid to do, and that is to investigate cases of potential child abuse. Unfortunately, these cases usually show the parents were indeed guilty. I would rather be safe than sorry if our legal agencies didn't meticulously investigate each case.
Also, the comments are very reactive. When this story first came out this summer, the majority of posters were incensed at the father. Now that this story has come out, everyone is automatically incensed at the authorities.
We probably don't have enough details still to make a clear assumption of either innocence or guilt.
November 1, 2008
12:26 p.m.
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Gonzopozo writes:
We live in an age of over-reaction.
The cops, Social Services, the parents - even many of you posters. Then there's the Patriot Act, Iraq, the bail-out. The stock market these days is ALL over-reaction.
I hope somebody unplugs the "RED button" in the White House no matter who gets elected.
Like my teenage daughter used to tell me - "breathe Dad".
We all need to just take a breath and think a little before acting.
November 1, 2008
12:47 p.m.
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mytwosense writes:
Right on, Gonzopozo! And the RMN needs to stop posting the kind of headlines that elicit such knee-jerk reactions. Their entire coverage of this story has been "this side says this/this side says that."
That's tabloid-style reporting I really would prefer not to see in my local paper.
Whatever happened to actual investigative reporting?
November 1, 2008
12:55 p.m.
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The_Punnisher writes:
Ah, but the FACT of the matter is that some people died. We really don't know WHO or WHY this situation came to be.
WHO drove him to the madness ?
WHY did they not see the consequences of their behavior?
We DO know that Dave was a member of that FAILED system and had INTIMATE knowledge of how that system ( didn't ) work(ed). He KNEW what was in store for him and his remaining family. So in the madness that he was driven to, he protected them in the way he was trained to do. It is surprising that the so-called " Trained Professionals " didn't do their job and catch this person before he committed the act. THAT IS WHAT THEY ROUTINELY DO TO THE REST OF US!!
So the real tragedy is not only that they failed the system, they failed one of their own, BY GIVING HIM SPECIAL PRIVILEGES instead of making the HARD choice to TREAT HIM LIKE A REGULAR MAN ON THE STREET!!
( Yes, I have an intimate knowledge of Psychology and Psychiatry from both sides of the couch. BTDTGTTS )
We have an opportunity to say: NO MORE right now!
It would require a voice of the people ( hear that, Rocky? ) to just say NO! NO MORE SPECIAL TREATMENT for OUR RULERS!!
( because, when you boil it down, that is what the SS and our " protectors " have become. Officer Friendly was gunned down by the SWAT TEAM. When a cop is in the mirror,do you jump or automatically feel guilty? )
But my guess is that it will be SOSDD when the furor dies down..
Yes, I have feelings and opinions, but I've been trained to express the FACTS and possible reasons WHY things can happen. REALITY and NATURE can be cruel teachers and we are all part of nature...
( It PAINS me to see another death and ANGERS me to know that it could have been prevented by the PROFESSIONALS he worked with every day ).
November 1, 2008
2:22 p.m.
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Hstowell writes:
Hey bythereever, it appears that you are the one who is undereducated and not intelligent enough to understand the article. The doctor simply provided a diagnosis that the child's death was not a result of the abuse however evidence of abuse, 11 fractures in her leg, was found and not linked to he cause of the child's death. This man then went on to murder his wife before committing suicide. It appears to me that you are the one who lacks any sense of logic and reasoning as you fail to understand what happened in this case.
November 1, 2008
3:47 p.m.
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jfkdem47 writes:
Who should we believe?
Pediatric physicians who have gone on record stating the cause of the broken bones was the disease and the family of the mother.
Or a police detective doing CYA.
November 1, 2008
4:35 p.m.
MavrickG writes:
(This comment was removed by the site staff.)
November 1, 2008
5:12 p.m.
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dirty writes:
Once again the RMN either can't or won't investigate and actually do some research on their own. Yesterday it was the family's turn for a uncritical publicity story, today the authorities.
We are faced with a situation that is complicated, despite the RMN's attempts to make this a easy buy. First they pick and chose what to print when this case first came into the public domain running with the abusive cop story non-stop, then they jumped on the social services and over-kill cops drive innocent dad to murder suicide story...what's next?
If the RMN would actually do some investigative reporting rather than printing what they are spoonfed, we would actually know much more about this case, and there would much much less ignorant ranting on this thread.
The fact remains that some "medical experts" appear to support the family's contention that the child's medical condition led to the injuries, while others state that the injuries are not likely to have been caused by that condition. If you're jfkdem47 believe the one medical doctor who agrees with your preconceived view even though they never treated nor saw the child...
Just how hard would it be for the RMN to get a couple of independent docs from Childrens Hospital (who aren't tied to the investigation nor the family) to give us there unbiased take on both the medical condition and the injuries?
November 1, 2008
6:20 p.m.
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Cowboy63 writes:
suffernofools -
I understand what you're saying, but I DO stand by what I said. Suicide is the ultimate act of selfishness.
"Me and my poor feelings, who cares about the pain I am leaving behind."
A close friend of mine blew his brains out the day his divorce became final. He didn't care about saving his marriage while he was still in it - but decided he would saddle his ex (another good friend of mine) with his death as a going away present.
Sorry. Pure selfishness.
November 1, 2008
9:10 p.m.
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becket writes:
Who is going to investigate the actions of the incompetent Commerce City high school educated cops. They are the most inept PD in the area. Who would work for such a Police Department anyway. They can only get the rejects from other departments.
They should clean house and this Joe Sandoval is covering for them. The AG should be called in.
November 1, 2008
9:43 p.m.
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cobanobs writes:
I have no reason to doubt O'Shell was not innocent. Other cops in the Denver area have gotten away with far worse crimes. Cops always protect their own anyway. Case in point was earlier stories reported O'Shell's wife was too upset to talk to investigators and they were fine with that. If this was any other "civilian" they would have been dragged into the police station by their hair and made to answer questions whether they were upset or not. Even if O'Shell had been charged, the police union would have hired an attorney to get him off the hook. It's about time the cops received a dose of their own medicine. How many innocent people have had their lives ruined forever after they were wrongly arrested for child-abuse or domestic violence and were then forced to plea-bargain the case because they didn't have the time or money to fight the system?
November 2, 2008
3:29 a.m.
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bfkane writes:
All you cop haters need to get better information. Some police depts require a college degree (which is more than what most of you have I'm sure), and a majority of depts in colorado require anywhere from 45-60 hours of college credit with a 2.0gpa (again, probably more than most of you). Very rarely will a police union provide an attorney unless it is work related. I'm not defending the actions of Commerce City PD or O'shell, I'm just clearifying what some of the less informed people wrote.
November 2, 2008
10:03 a.m.
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woodjt1 writes:
"A child is brought into the emergency room with a fractured leg. The parents are unable to explain how the leg fractured. X-rays reveal several other fractures in various stages of healing. The parents say they did not know about these fractures, and cannot explain what might have caused them. Hospital personnel call child welfare services to report a suspected case of child abuse. The child is taken away from the parents and placed in foster care. Scenes like this occur in emergency rooms every day. But in this case, the cause of the fractures is not child abuse. It is osteogenesis imperfecta, or OI. OI is a genetic disorder characterized by bones that break easily—often from little or no apparent cause."
This is a direct quote from www.oif.org, and the baby probably had some form of this as it is closely related to muscular atrophy. In it's most severe form, infants rarely live to their 2nd birthday and are actually born with some of their bones already broken and healing. So before anyone else gets up on their high horse and declares that they know the father was abusing his baby, look it up. I did, and shame on the CCPD for not doing the same. Took me all of 2 minutes from a general search of "infant brittle bones."
November 2, 2008
10:07 a.m.
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fencergal writes:
Big government and overzealous Social Services Agencies thinking they know what is better for your child than you do.Is this the type of government intervention you want? Think about it.
November 2, 2008
12:08 p.m.
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ColoNative writes:
The statement from the Commerce City Police is presumptive - just like the accusations. The injuries according to the article, were cnsistent with the ailment suffered by the child. Sounds like the CC Cops are attempting a pre-lawsuit manipulation of the press. Sounds like CYA to me.
November 2, 2008
5:26 p.m.
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becket writes:
Oh my god, it's worst than I thought. Check out the link to Commerce City PD qualifications. You don't even need a high school diploma. Garbage man one day, detective Joe Sandoval the next.
http://www.ci.commerce-city.co.us/pag...
November 2, 2008
7:29 p.m.
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fifty writes:
These events bring up the question of how to proceed in these cases? I'll propose the following:
1) If a mother brings a severely injured child to the doctor's office and there is a possibility of parental abuse although the parents claim otherwise, CPS should move the child to a known relative, friend or neighbor or if none is available to an unknown home. That person would sign a legal document that prohibits unsupervised visitation by the parent.
2) The parent would be allowed as much fully supervised access as possible.
3) The child would be evaluated for all diseases known to be possible causes of the injuries. Upon determination of no abuse, CPS would return the child to the parents' home.
4) The press would be notified at the conclusion of the study if criminal behavior has occurred.
5) All CPS offices within the United States will publish and circulate data on all cases in which they thought abuse occurred, but in which it was discovered that no abuse occurred. All CPS offices once notified of diseases that mimic abuse are responsible for testing for those diseases.
November 3, 2008
9:17 a.m.
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Monnie writes:
I understand and sympathize with the grandparents of this abused baby but their specialist DID NOT make a determination based on first hand knowledge since he/she did not have access to the baby's body.
Also, the public complains about police protecting police. Here you have a man who was not only a police officer but a neighbor/friend of the Commerce City community. Believe me, there was no pleasure in suspecting a police officer of such horrendous abuse. Also, what did the wife know that her husband had to kill her to keep her from talking?
Look at the required qualifications of the Commerce City police, and you will find a more educated and caring force second to none.
November 3, 2008
11:24 p.m.
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becadiane writes:
becket writes:
Oh my god, it's worst than I thought. Check out the link to Commerce City PD qualifications. You don't even need a high school diploma...
Obviously, becket, your words speak volumes on your ignorance and it seems you haven't done much in the educational world either. All police departments in metro Denver require the same MINIMUM requirements of POST certification. In fact many departments prefer to hire an officer with at least an Associate's Degree. And while it is true that you can get an Associate's Degree without a high school diploma, I think it's safe to say that once a person has reached that level of education, they are well beyond the basics of a high school education. It's interesting to me that you can assume to know that specifically in Commerce City someone can be a garbage man one day and detective the next. What's your source?
November 5, 2008
2:01 p.m.
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becket writes:
Check out the CC website and you will learn that all you need is a HS education and nowadays you can get that if you can breath.
Monnie: you are wrong, CC police do not have high qualifications.
becadiane: Do some research will you. You don't know what you are talking about.
November 11, 2008
11:21 a.m.
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becadiane writes:
becket, I’ve done my research and as an academic advisor and career counselor I have worked with many individuals pursuing POST certification to become police officers. You did not answer the question: where did you get your information?