JEFFERSON CITY, Mo. (AP) -- A Missouri father and son have been
sentenced in federal court for their roles in the death of a
developmentally disabled man and covering up his death.
Anthony
Flores was sentenced Wednesday to about 15.5 years in federal prison for
failing to provide Carl DeBrodie with medical care.
DeBrodie's body was found encased in concrete in April 2017 in Fulton.
Authorities believe he died months earlier.
Flores'
son, Anthony R.K. Flores, was sentenced later Wednesday to three years
of probation for helping to cover up DeBrodie's death by lying to
authorities.
Sherry Paulo, the men's wife and mother, led the scheme and was sentenced Tuesday to 17.5 years in jail.
Full Article & Source:
Father, son sentenced in death of disabled Missouri man
See Also:
Former guardian not eligible to bring DeBrodie lawsuit, judge rules
Carl DeBrodie was killed by injuries from forced fighting, court documents reveal graphic details
Carl DeBrodie case: Family attorney says the charges didn't surprise him
Showing posts with label five arrested. Show all posts
Showing posts with label five arrested. Show all posts
Friday, September 4, 2020
Saturday, July 7, 2018
Former guardian not eligible to bring DeBrodie lawsuit, judge rules
A Callaway County judge has dismissed a wrongful death suit filed by Carl DeBrodie's former guardian Mary Martin.
Judge Jeff Harris ruled July 2 that as Mary Martin and her husband, Bryan Martin, were not DeBrodie's birth or adoptive parents, they did not have standing to bring a wrongful death claim under Missouri statute, according to court documents.
"We already knew we were going to be denied, so it's not such a blow," Mary Martin said Friday. "We'll carry it as far as we can."
She said she, her husband and her lawyer are exploring legal options to continue pursuing the suit.
The Martins filed the wrongful death suit April 13, claiming as "psychological, 'de facto'" parents of DeBrodie, they should be among the beneficiaries entitled to participating in the wrongful death suit.
DeBrodie, the developmentally disabled man found dead in April 2017 after vanishing from a Fulton group home, lived with the Martins from ages 13-21. The Martins attempted to adopt DeBrodie when he was 25, but the petition was rejected by the Circuit Court of Cole County. The legal battle dragged from 2011-14.
Harris cited the failed adoption attempt in his July 2 decision.
"Plaintiffs' claims are barred in that their attempt at equitable adoption has already been adjudicated and rejected in other proceedings," he wrote.
Additionally, Harris noted, DeBrodie's mother, Carolyn Summers, already has filed a wrongful death lawsuit in the case.
"Only one action may be brought under the wrongful death statute for the death of Carl DeBrodie," he stated.
Summers and DeBrodie's aunt Carol Samson filed their own wrongful death suit in January and have opposed the Martins' involvement in it. The Martins' civil suit was filed April 9.
On April 13 the Martins filed to intervene as plaintiffs in the Summers/Samson civil suit. At the time, Mary Martin said she hoped to change legal precedent to allow non-adoptive and birth parents more legal recourse in cases like this. She also mentioned plans to use money won through the suit to start a foundation to help people like DeBrodie.
The motion to intervene was terminated April 16.
In May, Samson filed a motion to dismiss the Martins' lawsuit. She and Summers also filed a motion to support its dismissal before the July 2 hearing.
The Martin suit was dismissed with prejudice, court records show, meaning the Martins will have to pay for costs associated with the suit.
"It hurts that the laws do not see us as the psychological parents," Mary Martin said Friday.
Full Article & Source:
Former guardian not eligible to bring DeBrodie lawsuit, judge rules
See Also:
Carl DeBrodie was killed by injuries from forced fighting, court documents reveal graphic details
Carl DeBrodie case: Family attorney says the charges didn't surprise him
Judge Jeff Harris ruled July 2 that as Mary Martin and her husband, Bryan Martin, were not DeBrodie's birth or adoptive parents, they did not have standing to bring a wrongful death claim under Missouri statute, according to court documents.
"We already knew we were going to be denied, so it's not such a blow," Mary Martin said Friday. "We'll carry it as far as we can."
She said she, her husband and her lawyer are exploring legal options to continue pursuing the suit.
The Martins filed the wrongful death suit April 13, claiming as "psychological, 'de facto'" parents of DeBrodie, they should be among the beneficiaries entitled to participating in the wrongful death suit.
DeBrodie, the developmentally disabled man found dead in April 2017 after vanishing from a Fulton group home, lived with the Martins from ages 13-21. The Martins attempted to adopt DeBrodie when he was 25, but the petition was rejected by the Circuit Court of Cole County. The legal battle dragged from 2011-14.
Harris cited the failed adoption attempt in his July 2 decision.
"Plaintiffs' claims are barred in that their attempt at equitable adoption has already been adjudicated and rejected in other proceedings," he wrote.
Additionally, Harris noted, DeBrodie's mother, Carolyn Summers, already has filed a wrongful death lawsuit in the case.
"Only one action may be brought under the wrongful death statute for the death of Carl DeBrodie," he stated.
Summers and DeBrodie's aunt Carol Samson filed their own wrongful death suit in January and have opposed the Martins' involvement in it. The Martins' civil suit was filed April 9.
On April 13 the Martins filed to intervene as plaintiffs in the Summers/Samson civil suit. At the time, Mary Martin said she hoped to change legal precedent to allow non-adoptive and birth parents more legal recourse in cases like this. She also mentioned plans to use money won through the suit to start a foundation to help people like DeBrodie.
The motion to intervene was terminated April 16.
In May, Samson filed a motion to dismiss the Martins' lawsuit. She and Summers also filed a motion to support its dismissal before the July 2 hearing.
The Martin suit was dismissed with prejudice, court records show, meaning the Martins will have to pay for costs associated with the suit.
"It hurts that the laws do not see us as the psychological parents," Mary Martin said Friday.
Full Article & Source:
Former guardian not eligible to bring DeBrodie lawsuit, judge rules
See Also:
Carl DeBrodie was killed by injuries from forced fighting, court documents reveal graphic details
Carl DeBrodie case: Family attorney says the charges didn't surprise him
Thursday, June 7, 2018
Carl DeBrodie was killed by injuries from forced fighting, court documents reveal graphic details
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| Click to Watch Video |
As a result of these forced fighting engagements, Carl suffered serious injuries, including at least six broken ribs. Carl also regularly suffered black eyes and other bruising.
Sometime after October 25, 2016, but before November 24, 2016, Carl and a resident stayed overnight at Paulo's residence to sleep in the basement on the concrete floor. During the middle of the night, Anthony Flores, Paulo's husband and employee of Second Chance homes, was awakened by Carl's scream. Carl was found unresponsive and convulsing on the floor of the basement, appearing to have a seizure.
Documents say instead of calling 911 or other emergency assistance, Flores and the resident carried Carl upstairs and placed him in a bathtub with the shower running. Carl was bleeding from his nose and mouth and continued to convulse in the bathtub. Documents say "no life-saving measures were attempted that night with respect to Carl, Carl died as a result of the episode. Carl remained in the bathtub for two or three days until he was ultimately placed into the City of Fulton trash can, encased in concrete, and placed into a storage unit."
Court documents say for several months leading up to October 2016, Sherry Paulo, group home manager would regularly and frequently take Carl and another facility resident to overnight at her own personal residence in Fulton. Paulo allegedly forced Carl to stay at her own personal residence, require him to perform manual, unpaid labor around her home.
Carl and another resident were forced to stay and sleep in Paulo's basement, where no beds or mattresses were provided.
On April 17, 2017, the Fulton Police Department received a missing report for Carl, who had gone missing from the Facility.
Due to the decomposition of Carl's body, it was determined he had been missing and/or deceased for several months before the missing person report was filed.
The names below are the defendants in the case:
- Second Chance Homes of Fulton, LLC
- Rachael Rowden, Owner
- Sherry Paulo, Manager
- Anthony Flores, Sr., Employee and husband of Paulo
- Callaway County Public Administrator's Office
- Karen Digh Allen, Callaway County Public Administrator
- Robin Rees Love, Employee
- Missouri Department of Mental Health
- Mark Stringer, Director
- Missouri Department of Mental Health - Division of Developmental Disabilities
- Valerie Huhn, Director
- Wendy Witcig, Deputy Director, Community Operations
- Marcy Volner, Assistant Director of Central Region
- Wendy Davis, Director of Central Missouri Regional Office
- Callaway County Special Services (CCSS)
- Julia Kaufmann, Executive Director
- Melissa Delap, Employee and Carl's community RN
- Tiffany Keipp, Employee and Carl's case manager
For several months leading up to Carl’s reported disappearance, Allen, Love, Keipp,Rowden and Paulo prevented the plaintiffs in the case, Carolyn Summers and Carol Samson, from seeing or visiting with Carl.
Instead of conducting the required face-to-face contact, Keipp and Delap made false reports saying that face-to-face contact was made with Carl.
In her false reports, Keipp said she had made face-to-face contact with Carl in October 2016, November 2016, December 2016, January 2017, February 2017 and March 2017. None of these meetings took place.
Delap said in her false report she had made face-to-face contact with Carl in October 2016, November 2016, December 2016, January 2017, February 2017 and March 2017. These meetings also never took place.
In 2016, Second Chance, Rowden, Paulo and Delap did not submit consistent monthly reports about Carl to Keipp, CCSS, Allen, Love and the Public Administrator.
Keipp and Love did not make contact with Carl to check on his health and well-being, even though Paulo reported Carl was not in good health.
Keipp and Love were aware of verbal abuse towards Carl, but didn't report it. They were also aware of physical abuse occurring between Carl and another resident that they didn't report.
Rowden, Paulo, Keipp, Delap and Love waited several months to report Carl’s disappearance so they could continue to receive and collect state and federal monies for the provision of residential services for Carl, according to the court document.
To read the entire document, click below:
Full Article & Source:
Carl DeBrodie was killed by injuries from forced fighting, court documents reveal graphic details
See Also:
Carl DeBrodie case: Family attorney says the charges didn't surprise him
Wednesday, June 6, 2018
Carl DeBrodie case: Family attorney says the charges didn't surprise him
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| Click to Watch Video |
Fulton Police arrested five people associated with the Carl DeBrodie case.
“I knew a long time ago that charges would be filed because I saw the documents,” Veit said. “I had been anticipating that for a long time they were going to make an arrest, it's just a matter of when the prosecutor could coordinate with the other parties involved in the case."
Veit said this process has taken a long time.
“Its been a while and each step shows that somebody is doing something and someone cares,” he said.
Veit said these charges set a precedent for care facilities across the state.
"One of the things we want to do is make sure this action doesn’t happen again, and by him prosecuting them all it sets a good message to other facilities not to do this kind of conduct,” Veit said.
Veit thinks the charges for this case will be staying, ”In this case the evidence is pretty clear that these charges will be met In every one of these cases.”
Veit said these criminal charges do not affect the civil case with the DeBrodie family.
“It should not affect the outcome, but it will help us reach the goals we want to reach,” Veit said. "Except now I know where to find them."
Former Cole County Prosecutor Bill Tackett said that civil and criminal cases are "different animals" and agrees that the new charges wouldn't affect really affect the civil case. Fulton police already said they didn't find evidence DeBrodie was forced to fight other residents of the group home, even though the civil suit accuses that.
"When you file a civil suit, you're making allegations. If you make a fact, you make exaggerate that fact and it's accepted within the bounds of a civil lawsuit," he said. "With criminal law, you have to be very specific. You're talking about putting someone in prison, taking away their liberties. In civil law, you're talking about taking away their money. Nobody goes to jail with civil law."
Full Article & Source:
Carl DeBrodie case: Family attorney says the charges didn't surprise him
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