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STEPHEN HUNT
THE SALT LAKE TRIBUNE
December 5, 2002
Three felony charges were dismissed at his preliminary hearing, but the director of a facility for troubled youth in Rich County still faces two counts of misdemeanor child abuse.
Wayne E. Winder, 35, is set for trial March 25 on one of the counts in 1st District Court in Randolph. The second count will be tried separately.
Winder is director and staff supervisor of Majestic Ranch, which charges up to $3,000 a month to teach behavior modification to children ages 10 to 14.
In January, Winder allegedly pushed a table against a boy's legs, then jumped onto the table, grabbed the boy by the head and flipped him over the table and onto the ground, according to charging documents.
Several months later, Winder allegedly grabbed another boy by the arm, threw him to the floor and pulled the boy's arms up above his shoulders, according to court documents.
Prior to an August preliminary hearing, Utah Assistant Attorney General Craig Barlow moved to dismiss a count of first-degree felony aggravated sexual abuse of a child because the alleged victim had recanted her claim that Winder grabbed her breast and twisted it.
Barlow claimed the girl's mother had pressured her to change her story. But defense attorney Earl Xaiz told The Tribune the girl had a history of making false allegations about sexual misconduct.
"These kids have problems, and some of them are related to not being able to tell the truth," Xaiz said. "Some have had trouble in school and some have criminal histories. They have not adjusted in a normal environment."
Later in the hearing, Barlow moved to dismiss a count of second-degree felony child abuse because a boy's parents had not returned him to Utah to testify nor provide a written statement.
According to charging documents, Winder had threatened to kill the boy, cut him into pieces and bury his dismembered remains in different locations.
Judge Clint Judkins dismissed yet another count of third-degree felony dealing in material harmful to a minor after the alleged victim testified to a new version of events that was inconsistent with the charge. The boy initially told investigators Winder had shown him a photograph of a naked woman, according to court documents.
Barlow said the preliminary hearing "went less smoothly than we had anticipated. But that occasionally happens, especially when kids testify."
Winder is currently working at the youth facility, but Barlow said that could change if he is convicted of misdemeanor child abuse.
Meanwhile, Majestic Ranch is attempting to obtain the state license required for residential treatment programs.
Ken Stettler, director of licensing for the Department of Human Services, said the facility had been operating without a license under the mistaken belief it was a boarding school. "We made a clarification for them," Stettler said.
Majestic Ranch is not a so-called wilderness program, but Stettler said it is a ranch-like setting with horses, sheep, dogs and cats.
The facility is affiliated with the World Wide Association of Specialty Programs and Schools (WWASPS), run by a St. George-based group, which has facilities in South Carolina, California, Montana, Jamaica and La Verkin.
This is not the first time a treatment center affiliated with WWASPS has been investigated.
In 1998, a treatment center in Samoa came under fire and was eventually closed.
Another association facility in the Czech Republic was closed by Czech authorities.
And in 1999, a suit was filed against La Verkin's Cross Creek Academy, alleging mistreatment.