3 Former Group Home Workers Sentenced for Instigating Fight Between Developmentally Disabled Men

SOUTHAMPTON, NY - Three former group home workers found guilty of encouraging individuals with intellectual disabilities to engage in a fight at a Southampton residential facility have been sentenced, officials said.

The case first made headlines in February 2014, when, according to Southampton Town police, the incident was reported to the New York State Justice Center for the protection of people with special needs hot line.

At the time, NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning announced that three direct care workers, employed by Independent Group Home Living Program, Inc. were arraigned on felony charges for allegedly watching and encouraging an individual with developmental disabilities in their care to attack another man with disabilities.

The incident took place at the Independent Group Home Living Program, Inc, located in Southampton Town, in October, 2013, Gunning said.

After receiving the report on the hot line, a call center representative opened a case tracking file, police said.

The Southampton Police Department initiated a criminal investigation and made the arrests after obtaining “disturbing cell phone video,” which recorded the incident. In the video, all four defendants are either seen or heard laughing as the attack transpired, police said.

On Monday, Gunning announced the sentencing of three former group home workers found guilty.

“We are pleased that the defendants in this case have been held accountable,” Gunning said. “Despite being well-trained and duty-bound to support and protect people with special needs, these staff members jeopardized the safety of these men and violated their dignity by encouraging one to attack the other. Then, while laughing uproariously, the staff left one of the individuals on the floor without offering aid. With the assistance of the Southampton Town Police Department and the Suffolk County District Attorney’s Office, we were able to bring these crimes to light and help raise awareness of this type of abuse that, prior to the Justice Center, had all too often gone unreported.”

Justice William J. Condon in Suffolk County Supreme Court sentenced Erin McHenry, 30, of Brookhaven, to five years probation and 840 hours of community service in lieu of a six month jail term, Gunning said.

McHenry was convicted in a bench trial of two counts of endangering the welfare of an incompetent or physically disabled person in the first degree, a felony, Gunning said.

A second man, 60, East Moriches, was sentenced to three years probation and 280 hours of community service in lieu of a 60 day jail term after he was found guilty following a bench trial of two counts of endangering the welfare of an incompetent or physically disabled person in the second degree, a misdemeanor, Gunning said.

A third defendant, who was a teenager at the time of the incident, was sentenced to five years probation and granted youthful offender status as part of a plea bargain before trial that included a waiver of his right to appeal a Justice Center’s administrative finding, she added.

In December, 2015, a fourth defendant, of Eastport was placed on interim probation for one year after she pled guilty to a misdemeanor and waived her right to appeal a Justice Center Administrative finding, Gunning said.

The case was prosecuted by Justice Center Deputy Special Prosecutor Jacqueline Kagan and Assistant Special Prosecutor David Kim, Gunning said.

The Justice Center and its statewide hot line and incident reporting system began operations on June 30, 2013; it’s staffed 24-hours a day, seven days a week by trained professionals who receive reports of allegations of abuse and neglect of people with special needs, Gunning said. Once a report is received by the hot line, it is logged and assessed. Serious cases of abuse or neglect are assigned to the Justice Center’s investigation team or, when appropriate, to a local law enforcement agency for follow-up, Gunning said.

When the case was first reported the four Long Island Group Home workers faced felony charges.

“These arrests should serve as a warning that the Justice Center and the district attorneys of this state will not hesitate to prosecute behavior that violates, endangers or causes injuries to vulnerable New Yorkers,” Gunning said at the time. “We commend the efforts of the Southampton Police detectives who investigated this incident. This is an example of the close collaboration we seek to achieve with dedicated local law enforcement professionals across the state to ensure that justice will be served.”

All four defendants were terminated from their positions, police said.

“IGHL acted swiftly in the interest of their clients and was instrumental in our successful investigation,” said Southampton Police Detective Sgt. Lisa Costa.