Were hurricane deaths at nursing home manslaughter?

FORT LAUDERDALE, Fla — A Florida nursing home administrator charged with causing the overheating deaths of nine patients after Hurricane Irma in 2017 went on trial Monday, with a prosecutor calling him a “captain who abandoned ship” while his attorney said he’s a “scapegoat” for failures of the electric company to restore power.

Prosecutor Chris Killoran told the six-member jury that Jorge Carballo is guilty of manslaughter because he failed to give adequate direction to his staff at the Rehabilitation Center at Hollywood Hills after power to the facility’s air conditioning system was lost. He said Carballo went home even as it became “ridiculously hot” inside the 150-bed, two-story facility and failed to order his patients’ evacuation to a fully functioning hospital directly across the street.

Prosecutors must prove Carballo acted recklessly and showed gross and careless disregard for his patients’ safety. Carballo, 65, could face 15 years in prison if convicted, although a sentence of that length would be unlikely as he has no previous record. He was originally charged with 12 deaths, but three cases have been dropped. Charges were also dropped against three of his employees, who will testify against him.

“This is a case of a captain who abandoned his slowly sinking ship, and left not only his crew but the passengers to fend for themselves,” Killoran said. As temperatures rose inside the center, Carballo “basically did nothing,” he said.

“He had his staff buy some fans to push some hot air around and had some portable AC units installed,” he said, but that wasn’t done properly, making the temperatures on the second floor where the deaths occurred even worse.

But defense attorney James Cobb said Carballo did everything within his power to protect his patients. He had his staff notify Florida Power & Light that the air conditioning’s power was down right after it happened and several more times over the next two days, Cobb said, but the company didn’t send a crew until an executive saw news reports about patients dying. He said the problem took 10 minutes to fix.