Inclusion Daily Express -- Former Institution Worker Gets Maximum Sentence For Restraint Death

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Former Institution Worker Gets Maximum Sentence For Restraint Death
By Dave Reynolds, Inclusion Daily Express
December 17, 2007

ALBANY, NEW YORK--A former employee of O.D. Heck Developmental Center was sentenced Friday to the maximum allowed under New York law for "squeezing the life out" of a 13-year-old resident in the back of a van.

Acting state Supreme Court Justice Dan Lamont sentenced Edwin Tirado, 36, to between 5 and 15 years in prison for manslaughter in the restraint-related death of Jonathan Carey.

A jury convicted Tirado after hearing testimony that he restrained Carey, who had been diagnosed with autism and mental retardation, while coworker Nadeem Mall was shopping during a February 15 outing. During the restraint, the teenager stopped breathing and lost consciousness. The jury also heard that -- instead of returning to the facility, calling 9-1-1, or taking Carey to the emergency room -- Tirado and Mall drove around town for another 90 minutes, running errands and even stopping at home.

Mall pleaded guilty earlier this year to negligent homicide in exchange for his testimony against Tirado. He was sentenced to six months in prison.

At Tirado's sentencing hearing, Carey's parents gave victim statements, in which they condemned Tirado, saying he had not apologized nor shown any remorse for his actions. Michael and Lisa Carey also criticized Tirado's attorney for suggesting that Jonathan died of a seizure.

Justice Lamont reportedly scolded the couple for going "far, far beyond" what state law intended for such statements.

The Careys were successful in getting lawmakers to pass "Jonathan's Law" following their son's death. The new law requires institutions to share with family members of residents certain staff disciplinary records.

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