DA considers re-indicting day care worker
Gutierrez, co-workers were originally charged with Los Fresnos girl’s death
The Cameron County District Attorney’s office is considering whether it will attempt to re-indict one of three Los Fresnos day care workers charged in the November 2006 death of 9-year-old Rachel Katz.
A Cameron County grand jury in June indicted Caassandra Gonzalez, Krystal Lee Gutierrez and Renee Gracia each on a charge of criminally negligent homicide, the District Attorney’s office reported.
The women were reportedly working and supervising Katz at Kids Klub House Learning Center on Highway 100 in Los Fresnos the day she died.
It’s believed the Katz was chasing a ball and ran onto the highway when she was struck by a truck and killed on Nov. 14 according the Texas Department of Public Safety. She was a student at Olmito Elementary School.
The indictment against Gutierrez was reportedly quashed by State District Judge Abel Limas and the district attorney is considering what action to take next, said Liliana Velazquez, public information officer for the District Attorney’s Office.
It is unknown why Limas quashed the indictment.
A Dec. 10 trial date has been set for Gonzalez and Gracia.
District Attorney Armando Villalobos could not be reached for comment on Monday.
The District Attorney’s office said the charges against the day care workers state they were negligent in providing proper care for Katz and “not having proper facilities to keep Rachel and other children in their care safer from the dangers of passing motorist,” a prepared press release said.
Chris Van Dusen, spokesman for Region 11 of the Texas Department of Family and Protective Services, said the state agency is currently in the process of having the day care’s license revoked even though it is no longer in business.
This means the owner and the day care would have to wait for two years before trying to reapply for the a license to operate such a center.
Kids Klub House shut its doors a day after the accident - on Nov. 15 - the same day the state agency had planned to conduct an investigation, Van Dusen said.
The state asked the owner to close the day care while an investigation was conducted and the owner did, Van Dusen said.
“They voluntarily agreed to do that,” Van Dusen said.
