Zeke MacCormack
Express-News Staff Writer

KERRVILLE — A probate court ruling Thursday appointing a Kerrville woman administrator of her 12-year-old brother's estate cleared the way for an anticipated lawsuit over the boy's Dec. 5 suffocation death at Star Ranch in Ingram.

"We've got to get justice in this case," Kristie Garcia, 21, said after being appointed administrator of the estate of her late brother, Christening "Mikie" Garcia.

Mikie died while being restrained — reportedly to stop him from banging his head on the ground — at the treatment center where he'd been placed by the state.

The death was called a tragic accident by officials at the ranch, which opened in 1989 and served boys ages 7 to 17 with learning disabilities and emotional or behavioral problems.

A grand jury declined to indict the ranch employee who used a "basket hold" on Mikie, crossing the boy's arms across his chest and holding him from behind by the wrists.

The absence of criminal charges outraged members of Mikie's fractured family, some of whom attended Thursday's hearing.

"They should have prosecuted (the worker) criminally, and I think Star Ranch should be closed down permanently," said Crystal Garcia, 20, one of Mikie's five surviving siblings.

The ranch did close, after the state revoked its residential treatment license in June.

Among the reasons cited by the Texas Department of Family and Protective Services were the deaths of Mikie Garcia and Lenny Ortega, 12, of San Antonio, who drowned while on an outing in May.

Dave Vinyard, ranch spokesman, said there are no plans to reopen the facility. Its Web site said it employed 70 people and had a $2.5 million budget in 2005.

Ranch officials were unaware of the hearing Thursday and would not comment on any potential litigation, he said.

The anticipated suit was discussed at the hearing before Kerr County Judge Pat Tinley.

Kristie Garcia testified that the estate's only assets were potential wrongful death and survivor's claims, which in court filings were valued at $1 million or more.

Afterwards, her attorney Brett Ferguson said he will file suit within a week, naming the ranch and the former worker who restrained Mikie as likely defendants.

Seated separately in the audience were Doris and Innocencio Garcia, who relinquished their parental rights in 2004 after state investigators — describing the couple's household as being in crisis — took custody of the three youngest siblings.

"I didn't know what I was doing," said Innocencio, 60. "They told me they was going to be OK."

Representing Krissy, 12, and Kristian, 14, who remain in state custody, was Clay Steadman, a court-appointed lawyer.

He didn't oppose the appointment of Kristie Garcia as estate administrator, and told Tinley he will work with Ferguson on the expected litigation.

Kristie Garcia, like her two younger siblings, last saw her late brother in 2001.

"I'm not in it for the money. I'm in it for justice," she said after the hearing. "No matter how long it takes, I'm going to fight so Mikie can have peace."