Beating at Porterville Developmental Center Goes Unpunished After Years of Delays

Tuesday, Nov 26, 2013  |  Updated 8:56 AM PDT
View Comments (
)
|
Email
|
Print
Beating at Developmental Center Goes Unpunished

Michael Fagans / The Center for Investigative Reporting

A double fence encircles the “secure treatment” section of the Porterville Developmental Center. California’s courts have ruled the roughly 200 patients housed here unfit to stand trial and some a danger to themselves and others.

advertisement

By Ryan Gabrielson
Center for Investigative Reporting
Publish date: Nov. 26, 2013

Erik Hansen went by the nickname “Big E” inside California’s Porterville Developmental Center, a nod to the nursing assistant’s 400 pounds and 6-foot-3 frame. He amassed an outsized reputation for menace as well. 

His personnel file contains six allegations of physical abuse against patients at the Central Valley institution, which houses 425 men and women with cerebral palsy, mental retardation and other disorders. Between 2007 and 2012, six patients accused Hansen of violence – including rape, choking and battery, according to internal documents from the California Department of Public Health.

Hansen never has faced criminal charges.

Records show investigations by state regulators and local police into a brutal beating at Porterville in late 2010 – in which witnesses reported Hansen allegedly stomping a patient unconscious – were beset by lengthy delays and shoddy work. The public health department waited more than a year to start interviewing witnesses about Hansen’s role in the incident.

Further hindering the case, several Porterville center nursing assistants and psychiatric aides at the scene dodged interviews with regulators or provided unreliable answers. The Tulare County district attorney declined to file criminal charges against Hansen, citing a lack of evidence.

Almost three years later, state regulators have yet to penalize the Porterville center for exposing the patient to potentially fatal injuries. The public health department has “substantiated this complaint and is in the process of citing the facility,” Anita Gore, an agency spokeswoman, said in a prepared statement.

Hansen’s record at Porterville was obtained from a source by The Center for Investigative Reporting and offers a disturbing glimpse into how the state investigates violence and abuse within the walls of its five board-and-care homes for the developmentally disabled.

None of the agencies responsible for safeguarding vulnerable patients functioned properly in this case, if at all, documents and interviews show.

A state report calls Hansen “not trainable” and prone to violence, and it cites numerous complaints against him. The California Department of Public Health revoked Hansen’s nurse assistant license in April 2012. The Porterville center fired him shortly thereafter, personnel and regulatory files show.

That judgment could become just a temporary setback in his health care career.

Hansen is appealing to regain his license. If successful, he would be eligible to return to his job caring for the Porterville center’s patients. Hansen did not respond to multiple interview requests made to his lawyer, Steven Bassoff.

In a written statement Hansen gave to public health department investigators, he denied “any physical abuse of kicking, stepping or applying force” to the patient. Hansen claimed that a shoe mark left on the patient did not match his shoes.

CIR's series of stories on inadequate investigations into allegations of abuse at the state’s developmental center have alarmed lawmakers.

“I have grave concerns about the slow investigations by the developmental center and the culture of silence that appears to exist," said Assemblywoman Connie Conway, R-Visalia, whose district includes the Porterville center. “The fear of retaliation has led to a web of lies, cover-ups and injustice.”

The afternoon of Dec. 11, 2010, Hansen argued and physically struggled with patient Larry Russell in one of the prisonlike ‘secure treatment’ residences. The altercation ended when Russell stopped breathing and lost consciousness. Bruises shaped like boot prints formed across his torso, according to the public health department report.

Medics resuscitated Russell, who is diagnosed with moderate mental retardation and paranoid schizophrenia, regulatory records show. But the patient remained comatose for a week and a half. CIR was unable to locate Russell's conservator or relatives for comment. CIR also could not verify Russell's age. Because he is a patient, that information is confidential, according to state law.

Hansen, 31, said he restrained Russell against a wall and tied him up to quell the patient’s outburst. He otherwise denied harming Russell in several interviews with police and regulators, records show.

According to internal records of Hansen’s statements, Russell was agitated and pacing the hallway around 3:45 p.m. in a secured residence, craving a cigarette, or “niccing,” as it’s called at Porterville. The patient had gone outside for a smoke break an hour earlier. Hansen told Russell he couldn’t leave the building again.

Russell then acted out, Hansen said, attempting to spit on him. He maneuvered to avoid the spit and, with the help of nursing assistant Jennifer Thompson, moved in to physically control the patient.

Russell struggled against them, Hansen told an in-house investigator at the Porterville center. “It was pretty intense,” he said.

The nursing assistants pushed Russell flat on his back against a wall and bound him. He relented. “During containment client went limp, appeared to lose consciousness and was lowered to floor,” the Department of Public Health report said.

In Hansen’s version of the events, the situation became grave suddenly. The Porterville center incident report said caregivers restrained Russell, he “then stops breathing and goes into cardiac arrest.” State officials blacked out the rest of the document released to CIR, citing patient confidentiality.

Five other employees were working nearby during the incident. Each submitted written notes that day to Porterville center officials that supported Hansen or denied seeing what happened.

In later interviews with police, however, Thompson gave a starkly different, more violent description of the scene, regulatory records show. Neither she nor Hansen attempted to place Russell in restraints that afternoon. Hansen instead knocked Russell onto the floor and proceeded to beat the patient.

Thompson said she and several psychiatric aides pleaded with Hansen as he struck Russell with his feet again and again.

“I told him to stop, I told him to stop and he wouldn’t stop,” records show Thompson recounted. “We were all telling him to get off (Russell). We were yelling at him to stop.”

Russell scrambled onto his stomach and looked to crawl to safety. Hansen pinned the patient with one of his knees, leaning his weight on Russell’s back, Thompson said.

The patient went still. Thompson and Hansen flipped Russell and watched his face turn a sickly blue.

Thompson declined requests for an interview.

The Porterville Police Department received notice of Russell’s life-threatening injuries 52 hours later, the evening of Dec. 13, records show. The incident is listed in police documents as “suspicious circumstances.”

Russell regained consciousness Dec. 21. Porterville Detective Matt Green immediately went to interview him at the hospital, where a breathing tube limited Russell to shaking or nodding his head in response to questions. But he did not identify the person who assaulted him, records show.

Another month passed before Hansen faced questioning about the alleged abuse.

The Department of Public Health did not pursue the allegation until 14 months after Russell went into a coma, regulatory records show.

By that date, Hansen was the suspect in a new abuse case.

Porterville center administrators prohibited Hansen from having contact with patients following the altercation with Russell, said Christina Morales, a lawyer for the state Department of Developmental Services, which operates the institution.

The prohibition was ineffective. The internal report shows that in January 2012, a patient’s father saw Hansen shoving his son into a wall. When the father complained, Ricky Esquivel, a supervisor at the Porterville center, reportedly denied that was abuse.

Russell’s injuries, combined with numerous other abuse allegations, were sufficient for regulators to bar Hansen from California health care facilities in April 2012. “Hansen has demonstrated that he is not trainable,” the state’s report said, “and is a threat to the health, safety and welfare of patients.”

 

 

This story was edited by Robert Salladay and copy edited by Nikki Frick and Christine Lee.

This story was produced by the independent, nonprofit Center for Investigative Reporting, the country’s largest investigative reporting team. For more, visit cironline.org. Ryan Gabrielson can be reached at rgabrielson@cironline.org.

More stories from NBC Bay Area:

Get the latest headlines sent to your inbox!
View Comments (
)
|
Email
|
Print
Leave Comments
Bay Area Proud
Bay Area Proud is NBC Bay... Read more
Follow Us
Sign up to receive news and updates that matter to you.
Send Us Your Story Tips
Check Out