June 13, 1998 -- six-year old Roberta Evers choked to death on her own vomit just 2 months after being adopted by Sandy and Dennis Evers. For unknown reasons the healthy 6-year-old could not clear her airways of the vomit. Emergency medical personnel found the little girl lying on her back on a mattress with no sheets in a cagelike bed. Her hair and pajama tops were wet. Roberta's hands had been tied together with red tights to a bedpost above her head. Vomit was packed inside her trachea and lungs; very little was found outside her body.

The adopters were charged with child abuse resulting in death. Additional criminal charges were later added after three pathologists said that Roberta might have been smothered. The additional charges were tampering with evidence and child abuse resulting in death knowingly and recklessly.

An autopsy revealed bruises all over Roberta's body, both sides of her face, the top and back of her head, her legs, buttocks, and wrists. An explanation for the bruises offered by Mr. Evers was that Roberta would try to escape from her cagelike bed and bruise herself in the process. The autopsy found hemorrhages on the back of Roberta’s head – a recent, deep bruise to the bone near the back of her skull, which would be consistent with her being intentionally smothered. And/or, the girl may have been gagged -- the Everses told authorities the night of her death, Roberta had been screaming. That would, also, explain the lack of vomit outside her body.

At the time of Roberta’s death, the Everses had custody of 11 children -- seven of their own plus four adoptees, which included Roberta and her two brothers. After the being charged in the death of their sister, the adopters were allowed to maintain custody of Roberta’s two brothers.

The Evers’ stories of that night changed throughout the months after Roberta’s death. They claimed she was tied up to keep her from injuring her siblings. They also claimed the restraints were used to keep her from hurting herself. Another reason given by Mr. Evers for the restraints was that two days before her death Roberta had pulled Sandy’s hair and scratched her while being given a bath.

The prosecutor described Roberta as academically sharp, sensitive, sweet, and loving -- not an uncontrollable child that needed to be restrained. It was also suspicious that the Everses, who as foster care providers worked closely with the Social Services Department, never told the agency of Roberta’s alleged problems. The foster-care coordinator for the Everses said they never told him of any serious problems with Roberta until after she died.

Witnesses testified that Roberta was a loving child who could be controlled with mild measures. They said that she didn't need to be tied up and caged, as she was the night of her death. A former foster care provider for Roberta testified that the girl never engaged in uncontrollable fits and never wandered at night or injured herself as the accused adopters have contended. She said that she hadn’t witnessed the behavioral problems that the Everses gave as reasons for physically restraining the girl. The caregiver also said that she’d never had any reason to restrain Roberta while the child was in her care.

A licensed clinical social worker, who worked with Roberta in therapy, testified that Roberta was never self-destructive or self-abusive and that she would not have recommended that restraints be used on the girl. She also stated that Roberta “believed she was a bad child" and that her desire was to assure Roberta “that she was a good child," which makes the actions of the Evers even crueler. How does being tied up and caged help convince a 6-year-old child that she is good? Another repudiated claim made by the adopters was that Roberta was born with fetal alcohol syndrome. Roberta's therapist maintains she did NOT suffer from fetal alcohol syndrome.

Because she was a victim of sexual abuse, Roberta acted out by touching herself. Besides tying her hands and feet and keeping her in the cage/bed, Roberta's adopters had further confined her using a diaper, thermal underwear and one-piece sleeper. It seems apparent that the adopters found it impossible to tolerate her masturbation and that is the real reason they tied her up and caged her.

There was a great deal of conflicting testimony about how the adoptee was restrained the night of her death. For example, the 21-year-old daughter of the Evers claimed that Roberta’s feet were not restrained the night she died. However, Sandy Evers told the Social Services Department three days after Roberta’s death, that her legs WERE restrained that night. Also, the daughter said she came home at 11:30 p.m. that night and saw Sandy Evers folding laundry in Roberta’s room while the girl slept. Originally, Dennis Evers was said to be the last person to see Roberta alive at 10 p.m.

In a taped conversation with the Sheriff’s department the night of Roberta’s death, Dennis Evers made a statement indicating that Roberta was one of "these kinds of kids," referring to a magazine article they’d read. Evers complained that Roberta once left her bed and was discovered “stealing” a Pepsi from the kitchen. He also said that they sometimes used a blindfold on Roberta.

Dennis Evers told investigators that Roberta was a very damaged child before they got her. It wasn't until after the adopters got her that she was completely destroyed.

The jury found the adopters guilty of felony child abuse in the death of 6-year-old Roberta. Dennis Evers was also found guilty of tampering with evidence. They will be sentenced on June 18, 1999.

Roberta’s story can be found at :
The Rocky Mountain News
The Durango Herald
The Denver Post

INDEX

Your are visitor number

since I added this counter.


This page hosted by GeoCitiesGet your own Free Home Page