Miami Herald

State drops group-home probe; death then struck a 2nd facility

- BY CAROL MARBIN MILLER, BEN CONARCK AND DANIEL CHANG cmarbin@miamiheral­d.com bconarck@miamiheral­d.com dchang@MiamiHeral­d.com

State disability administra­tors were so concerned for the safety of residents at an Orange County group home that they filed a complaint in March, alleging the home’s staff improperly restrained a resident, and then it lied about what happened.

The resident at the center of the complaint could hardly have been more high-profile: In 2016, video of a North Miami police sniper shooting

Florida dropped its disciplina­ry case against a Central Florida group home. Days later, a home owned by the same operator was the scene of a death stemming from a restraint by staff.

at the man, Arnaldo

Rios-Soto, was broadcast around the world. Rios-Soto’s caregiver was shot in the leg as he raised his hands in surrender.

State disability administra­tors took uncharacte­ristically strong action in the more recent case. They asked a judge to shut down the Beechdale Group Home, owned by a chain called Crystal Lakes Supportive Environmen­ts.

But without explanatio­n, the

Agency for Persons with Disabiliti­es withdrew the complaint against Beechdale on Nov. 20. The home, and its owner, suffered no discipline.

Five days later, a resident at a sister facility, Oconee Group Home, was dead — the victim, his family says, of the same type of restraint that was used on Rios-Soto.

“We were assured he would be safe,” said Sarah Walker, the mother of Caleb Walker,

who died Nov. 25. “There’s nothing that will bring him back, but I believe that they all deserve better.”

Lake County Sheriff’s Sgt. Fred Jones said his department could not discuss Walker’s death, which is the subject of an ongoing investigat­ion.

Through his lawyer, the owner of the group home chain, Craig Cook, also would not discuss Walker’s death, or the now-settled complaint, citing privacy concerns.

Barbara Palmer, director of the disabiliti­es agency, confirmed that both the sheriff’s office and the Department of Children and Families, which investigat­es abuse of disabled people, are looking into the circumstan­ces of Walker’s death. “APD immediatel­y sent our group home monitors to Oconee Group Home on the day of the incident to conduct a wellness check on every resident. Everyone appeared well cared for and no issues were identified,” she said.

Like Rios-Soto, Walker was among the most challengin­g clients within Florida’s developmen­tal disabiliti­es safety net. Both men were diagnosed in childhood with autism, a neurologic­al disorder that can spark defiant and aggressive behavior. RiosSoto and Walker both had lived for a time at a large Central Florida institutio­n — owners called it a school — for disabled people whose behaviors were hard to manage.

The parents of some residents defended the Carlton Palms Educationa­l Center in Mount Dora, saying their loved ones were safer on the leafy green campus than they were in their communitie­s, where they faced the threat of abuse or arrest.

But Carlton Palms had its own troubles, and disability administra­tors sought, mostly in vain, to improve the home for five years after a 14-year-old Broward County girl died there in July 2013 from dehydratio­n, the result of a severe — but treatable — infection. The disabiliti­es agency kept Carlton Palms under a microscope following the death of the girl, Paige Elizabeth Lunsford.

The scrutiny never seemed to achieve the desired goal.

In the five years following Paige’s death, one resident was raped by a known predator whose plan called for constant supervisio­n. Another resident’s rape was witnessed by a caregiver who chose to do nothing. Reports said one resident was locked in a bathroom for four hours and tortured by staff members. Another resident was burned when a caregiver doused the resident with scalding water.

Yet another man died after staffers allowed him to bang his head repeatedly.

By 2016, APD had had enough. A caregiver had been videotaped pushing a resident against a wall, throwing him to the floor, shoving him against a corner, choking and elbowing him, a police report said. The disabiliti­es agency and Carlton Palms’ owners agreed to shut the home down by March 2019.

Walker and Rios-Soto were among the Carlton Palms residents who were moved from the institutio­n to group homes operated by a company called Attain Inc., also called Crystal Lakes.

APD’s contract with Cook required at least one-on-one, round-theclock supervisio­n.

Palmer said that, since Carlton Palms was shuttered, her agency “has closely monitored each of the 200 former residents whose difficult behaviors posed serious challenges.” Many of the former institutio­n’s residents “have smoothly transition­ed into the community and thrived in their new environmen­ts.” Others have required close supervisio­n to control “extreme behaviors” in their new homes.

WHY DID YOU SHOOT ME?

Arnaldo Rios-Soto became a poster child, of sorts, for two social movements in 2016: critics of the use of excessive force by police, and advocates for people with developmen­tal disabiliti­es.

Rios-Soto had walked off from his North Miami group home clutching a toy truck, with his caregiver, Charles Kinsey, following him to ensure his safety. An observer told police Rios-Soto may have been carrying a gun, and the department dispatched several officers, including a sharpshoot­er.

In the drama that followed on video, the sharpshoot­er took aim at Rios-Soto, but fired a bullet into Kinsey’s leg. Kinsey’s hands had been in the air at that moment, and he shouted, “Why did you shoot me?”

Because of Rios-Soto’s history of unruly behavior, psychologi­sts developed a detailed plan for managing his outbursts after he moved. The plan was based, in part, on minimizing the use of force. Especially when they are used improperly, physical restraints pose a serious risk of injury, and can result in lethal asphyxiati­on.

The Agency for Persons with Disabiliti­es administra­tors signed its complaint against Beechdale in March, according to records at the Division of Administra­tive Hearings, which presides over such actions. It involved an incident that had occurred almost a year earlier in which Rios-Soto, now 30, had become disruptive at the group home, at 7943 Beechdale Court in

Orlando.

On May 14, 2019, the complaint said, Beechdale staff failed to use verbal techniques to calm RiosSoto. He became increasing­ly agitated “and attacked staff members.” Staff members admitted to a Department of Children & Families investigat­or that they did not properly follow Rios-Soto’s behavior plan that day, the complaint said.

The DCF investigat­ion, which was concluded on June 10, 2019, verified that Beechdale had abused or neglected Rios-Soto that day. APD’s report does not specify which.

Seven months later, on Dec. 15, 2019, group home video captured a fully clothed Rios-Soto walking around the home and “hugging” his caregivers at 8 a.m., the complaint said. Three minutes later, staff members inexplicab­ly called the Orange County Sheriff’s Office to report Rios-Soto was “running around the house nude, yelling and screaming at staff and refusing to calm down.”

The group home’s report to police included additional falsehoods, the complaint said. Staff told police Rios-Soto was punching walls and tried to strangle a staff member.

The APD complaint concluded: Beechdale’s “report to the police is contrary to the video footage.”

A RESTRAINT GONE AWRY

Video once again told the story of what happened to Rios-Soto. He was seen milling around the living room and his bedroom while staff members “can

be seen standing around in the living room talking amongst themselves,” the complaint said.

Less than an hour later, the video shows staff members placing a restraint mat on the living room floor and calling Rios-Soto over from his bedroom. Two staff members then grab Rios-Soto with his arms behind his back and pull him over to the mat. The three of them then fall onto the mat, with RiosSoto landing face-first, the complaint said.

The staff members then “continued to restrain [Rios-Soto’s] arms while physically on top of him, forcefully holding him down.” A fourth man stands over him, eating a meal from a bowl.

When police arrived a few minutes later, RiosSoto was “very calm” — but crying, the complaint said.

Police detained RiosSoto so that he could be evaluated by doctors for a possible involuntar­y commitment under the Baker Act.

Once again, the complaint said, Beechdale staff “failed to follow the behavior support plan” by doing a takedown without first trying to talk Rios-Soto into calming down.

The complaint also faulted the group home’s staff for calling police on RiosSoto, an option that should only be used when “it is no longer safe” to do anything else.

Again, DCF investigat­ors verified allegation­s of abuse or neglect — the complaint doesn’t say which — when they closed their investigat­ion of the Dec. 15, 2019, incident two months later.

In her statement, APD’s Palmer said that in the fall her agency “raised several issues” involving nine of Cook’s group homes — not including the one where Caleb Walker died. APD and Cook signed a corrective action plan requiring monthly safety meetings, the retraining of staff on the agency’s “zero tolerance” policy for resident abuse, and the mandatory review of video when residents are harmed.

Two Beechdale employees who, according to a DCF investigat­ion, hit a resident, were fired, Palm

er said.

Given the seriousnes­s of the group home’s violations, disability administra­tors could have imposed a range of discipline — including yanking the home’s license, the complaint said. Indeed, an APD senior attorney, Trevor Suter, asked an administra­tive judge to do exactly that.

The administra­tive law judge, Andrew D. Manko, scheduled a hearing on the case for Dec. 8, via teleconfer­ence.

Days before the hearing was to occur, disability administra­tors abruptly dropped the complaint.

Beechdale’s CEO, Craig Cook, signed a settlement agreement with APD on Nov. 17. On Nov. 20, an APD deputy director signed the settlement, as well. The settlement carried no explicit discipline. It required disability administra­tors to dismiss the complaint. The agreement says merely that APD “is entering into this settlement agreement to avoid litigation.”

Five days later, police were called to a different home operated by Cook called the Oconee Group Home, at 36718 Oconee Ave. in Eustis, north of Orlando in Lake County.

A BOXING MATCH

Like Rios-Soto, Caleb Walker’s body grew to manhood while his intellect did not.

“Caleb was a big guy,” his mother said. But he sometimes solved problems the way of a child.

Walker lived with his parents until he was 20. “The only reason he wasn’t living with us anymore is because he was strong,” said Sarah Walker. “We couldn’t control him.”

If his behavioral plan had been used correctly, Walker, his housemates and the home’s staff would have been safe. But an interview with Walker’s parents, and photograph­s obtained from the family, suggest things often didn’t go as planned.

Photos show Walker suffered a severe black eye, as well as a deep, grapefruit-sized bruise on the right side of his belly, last summer. The Walkers say they were told their son injured himself, though the family was extremely skep

tical.

Added the man’s father, Tom Walker: “The black eye was such that you couldn’t do this to yourself. It was like a black eye you’d get in a boxing match.”

Walker’s parents tried to determine what caused his injuries, but Walker lacked the language skills to communicat­e at anything beyond a small child’s level, they said.

The Walkers acknowledg­e that their son would deliberate­ly hurt himself on occasion. But he never punched himself, they said, and never suffered a black eye.

“Caleb had a rough week,” Sarah Walker said of the days leading up to her son’s death. “He had been having issues all week, so they should have been on alert that he was not doing well. He’ll cycle with these types of things. That’s just Caleb 101.”

When Walker became aggressive, a staff member began restrainin­g him, his mother said. Another staff member later joined the restraint, which Sarah Walker described as similar to the one used on RiosSoto.

At this point in her story,

Sarah Walker begins to cry. “He’s face down in that procedure. I was told Caleb continued to yell and scream, which just breaks my heart, because I’m afraid he was probably screaming for me.”

Within 15 or 20 minutes, Sarah Walker said, her son was “calm and quiet,” she was told.

In fact, he was not breathing, she said. Staff members tried to resuscitat­e Walker, and they called for an ambulance, which arrived within 12 minutes. Emergency medical workers tried for an hour to save Walker, but could not.

“They told me it looks like everything was done properly, but my kid died,” Sarah Walker said. “So you kind of wonder. You’re not supposed to die after a [restraint].

“He was alone with people who didn’t love him. He was by himself. That’s how he took his last breath,” Sarah Walker said.

“I wasn’t there. And I can’t fix that. But I do want them shut down. Maybe nobody else will have to deal with this. They didn’t take care of my child. They were neglectful. They endangered his life, and now he’s dead.”

Walker would have celebrated his 28th birthday last week. His parents would have taken him to an Olive Garden restaurant for spaghetti and bread sticks — a family tradition.

Instead, Sarah Walker said, “we made funeral arrangemen­ts.”

She added: “I had his presents here the morning they called me.”

 ?? Walker family photo ?? The death of Caleb Walker on Nov. 25 at Oconee Group Home, in Lake County, is the subject of an ongoing investigat­ion.
Walker family photo The death of Caleb Walker on Nov. 25 at Oconee Group Home, in Lake County, is the subject of an ongoing investigat­ion.
 ?? HILTON NAPOLEON ?? In this July 2016 photo, Charles Kinsey lies prone in the street while his patient, Arnaldo Rios-Soto, plays with a toy truck. Kinsey was hit by a bullet fired by a North Miami police officer that was apparently meant for Rios-Soto, who was incorrectl­y described by a witness as armed.
HILTON NAPOLEON In this July 2016 photo, Charles Kinsey lies prone in the street while his patient, Arnaldo Rios-Soto, plays with a toy truck. Kinsey was hit by a bullet fired by a North Miami police officer that was apparently meant for Rios-Soto, who was incorrectl­y described by a witness as armed.
 ?? Walker family photo ?? Caleb Walker is surrounded by his brother, Josh, his mother, Sarah Walker, and his father, Tom Walker.
Walker family photo Caleb Walker is surrounded by his brother, Josh, his mother, Sarah Walker, and his father, Tom Walker.
 ?? Walker family photo ?? The black eye that, according to caregivers, Caleb Walker gave himself.
Walker family photo The black eye that, according to caregivers, Caleb Walker gave himself.

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