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Future for Diez children unclear
Authorities yet unsure if they will go to family

By JACKIE LEATHERMAN
Today's News-Herald
Published Thursday, September 2, 2010 10:21 PM MST

Jeff Luther said he has never experienced a situation like the Diez children’s.

“I’m unaware of a situation like this ever transpiring in my history here,” said the assistant director of the San Bernardino County Children and Family Services.

Brian Diez, 26, took his two children, 4-year-old Kaia Diez and 13-month-old Cole Diez, from Lake Havasu City to Rancho Cucamonga, Calif., in the early morning hours of Aug. 29, after killing their mother and four other local residents here. Deborah Nyland, 44, was the sole survivor and is in good condition in a Las Vegas hospital.

Diez opened fire in the home of 23-year-old Deborah Langstaff, killing her, around 11:50 p.m. Aug. 28. Langstaff was the mother of the children. He also killed Primo Verdone, 24; Russell Nyland, 42; Ashley Nyland, 20; and Broc Kelson, 20. Police said the gathering that night was to celebrate Verdone’s birthday.

After the shooting spree, Diez dropped his children off at his sister’s house in Rancho Cucamonga, Calif., about 3:30 a.m., and then shot himself in his truck.

Jodi Miller, a spokeswoman for the San Bernardino County Sheriff’s Department, said the department contacted the state’s child protective services.

“I was advised on Monday (that the) organization did visit the house,” she said.

Luther said his agency could neither confirm nor deny that they have had any involvement with the family.

He said in similar situations, if children were left with family who were willing to care for them, the agency would check the home and run a background check. The agency must determine if there is a last will or testament appointing a guardian for the children, he said.

If there is no document specifying care for the children and if no family or friends step forward to raise the children, then the court system would become their guardians and the process of foster care or adoption would start.

“If the people were willing to keep them, and the family checks out, then we are basically out of the picture,” Luther said.

But if the children did have to enter the court system, Luther said there could be a question of whether they would remain in California or be transferred to Arizona.

“It could become complicated,” he said. “It would become interesting who has jurisdiction.”

A supervisor at Lake Havasu City’s office of Child Protective Services said he could not comment on the case.

The family of Diez where the children were left could not be reached.

You may contact the reporter at jleatherman@havasunews.com

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Comments (11 comment(s))

ttracy wrote on Sep 9, 2010 1:48 PM:

" Wabash your whole statement is just plain wrong!!!!! "

wabash wrote on Sep 6, 2010 1:05 PM:

" If I were guardian of these children, I would change ther last name -- anything to wipe out "Diez" from ever being uttered in their presence again. And I would tell them that their parents were killed in a car accident. The truth is too much for adults to comprehend, let alone youngsters. The truth can be explained to the kids later, when they are emotionally mature. "Daddy was mad at mommy, so he killed her" is a horrible burden for a child. And ttracy, you haven't a clue how a news organization works and the difficulties of gathering accurate information. Many people are concerned about the children. I think it was a good article, none of which could have been "made up." You are referring to fiction, which is not what news organizations produce. Please educate yourself. "

ChinaDoll wrote on Sep 4, 2010 12:52 AM:

" ttracy - I'm very glad to hear that the children have been returned to Deborah's family. She seemed like a beautiful spirit and I hope that whomever raised her will have a good hand in raising her children. I will continue to pray for them. "

JM wrote on Sep 3, 2010 8:39 PM:

" He is a piece of something. I would say what he is a piece of but then this comment would be blocked. What a piece of .... "

catspuurr wrote on Sep 3, 2010 6:19 PM:

" Seriously do you people have nothing better to do then sit here and leave comments about a tragedy for your information the kids are back in havasu and the family that had them are very good people,its hard enough for the family could you please stop with the comments "

ttracy wrote on Sep 3, 2010 12:39 PM:

" I hope all you guys realize that the paper has to make up news to fill space in the paper. Why this article was even written is beyond me.
The children were returned to Deborah's family. So chill. Their plans are to keep the kids. There's alot of people around them that love them very much.
These people don't need to be judge by this article. "

DRAMALAKE wrote on Sep 3, 2010 10:27 AM:

" I believe the children should be with Ms. Langstaff's family also. Her children went to daycare with my son. She was so loving to both of them each morning as we usually arrived at the same time. My heart aches for the children. I can not believe these children will not be returned to her family. Her children deserve it. As I try to understand why this happend I realized it was not up for me to understand. But I do believe that there is a special place in Heaven for those who lost their lives on Oppossum and a special place in HELL for Mr. Diez. He is a selfish, cowardly creature! "

ChinaDoll wrote on Sep 3, 2010 9:55 AM:

" I hope Deborah's family steps forward to take care of these children. "

VoiceOfReason wrote on Sep 3, 2010 8:37 AM:

" to rstarkey: While I understand your point, it implies that Diez's surviving family members must "pay for" what he did, as if they had some part in it. You later stated, rightly so, that God will be the ultimate judge of Diez. To forbid his family to have the children simply because of what he did would be punishing them for his crime, when in fact they too have suffered loss. Judgement of his crime is now out of earthly hands.

The children should be placed with the family member who will provide the best home and environment for them - whichever side of the family that may be. That is for child protective services and courts to determine, not angry and hurting people. To allow ourselves to be consumed by seeing that someone pays for what happened, we plant a root of bitterness that leads to nothing good. "

azgirl28 wrote on Sep 3, 2010 7:29 AM:

" I hope that these two poor little children are with family at this time. It is already a difficult time for them. Imagine having your sun taken away. It is the same for young children who lose their primary caretaker, in this case, their mom. They stand a chance if they are with family who love them and who they have met before and know, no matter what side of the family. I also urge whoever assumes the responsibility for raising these two children to get them some counseling when they are older to deal with this tragedy, for it is going to haunt them for the rest of their lives. "

rstarkey86404 wrote on Sep 2, 2010 11:04 PM:

" Where is Ms. Langstaff's family? Those kids need to go to them -

1) To take the children away from their mother and her side of the family - is what this killer wanted. Allowing those children to stay there is fulfilling his intentions, or why else would he have taken them there?

2) These children need to know the truth. They should not be lied to and told their parents were killed in a car accident, nor any other lie for that matter - their father was a vicious monster!

Jurisdiction over the children? Uh let's see, they were KIDNAPPED FROM LAKE HAVASU. The crime scene of their abduction is here, does anyone else believe they should be returned here to Lake Havasu with local family (again - Ms. Langstaff's family, if they are here).

Some will think "it's not fair to say that his side of the family should be hurt by a custody issue", but when a coward such as Brian did what he did... who's left to pay for it? God will be the ultimate judge and jury in this one, both in our world here locally as this plays out, as well as in the afterlife where he'll get his due justice. "

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