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Prosecutors say Parmadale workers broke policy when applying restraint
By Phil Trexler
Beacon Journal staff writer
POSTED: 08:28 p.m. EDT, Sep 02, 2009
CLEVELAND: Depriving a troubled Barberton teen of her music triggered the confrontation with treatment center workers that led to the girl being restrained and ultimately suffocated, prosecutors allege.
Three workers at Parmadale Family Services were indicted today on involuntary manslaughter and child endangering for the December death of 17-year-old Faith Finley.
Cynthia M. King, 32, of Warrensville Heights, Lazarita Menendez, 28, of Bedford Heights, and Ebony N. Ray, 33, of Broadview Heights, were charged in Cuyahoga County Common Pleas Court.
In addition, Menendez is also charged with felonious assault and inciting violence, the latter for her taking Finley's CD player as punishment for her unruliness, prosecutors said.
Kevin Spellacy, an attorney representing King, was not available for comment. No attorney of record was identified for the other workers.
The women are scheduled to be arraigned on Sept. 17. Each faces 10 years in prison if convicted of involuntary manslaughter charge. The endangering charge carries an additional five years.
Maureen Clancy, an assistant county prosecutor, said the CD player was identified by Finley as her coping mechanism when she was admitted to the facility in July 2008 and was not to be used as a punishment tool by Parmadale workers.
Children placed at the center for behavioral issues are typically asked to identify an item that helps soothe them in times of emotional turmoil.
Clancy said Menendez broke from Parmadale policy when she denied Finley the player, which triggered more anger from Finley and caused the workers to restrain her.
''At Parmadale, the coping mechanism is not to be used as a consequence or taken away from them. In this particular case ...Menendez did use it as a consequence,'' Clancy said. ''[Faith] then became irate and destructive. She became very violent in her room, threw her clothes around and continued to ask for her CD player.''
When Menendez refused, Finley attacked her, choking and punching the worker, Clancy said.
At this point, the two other workers came to help and restrained Finley on the floor with the women on top. During all this, Finley was crying that she could not breathe.
Prosecutors are unsure of exactly when Finley stopped breathing.
''Once the girl calmed down and was not flailing anymore and was no longer combative, they left her [face down] on the floor,'' Clancy said.
Afterward, no one checked on Finley's condition, a violation of the center's restraint policy, Clancy said.
Instead, King told Menendez and Ray to leave while she grabbed a blanket, covered herself and went to sleep in a chair.
Meanwhile, Finley's injuries went unnoticed for nearly two hours until another child noticed fluid dripping from her mouth.
''These child-care workers know what they're in for when they take on a job,'' Clancy said. ''These workers are trained to deal with these situations and they're trained on how to do a restraint and they're trained on what to do after a restraint.
''And none of those protocols were followed from the beginning to the end of this case. ...There was no reason or excuse for letting her lie on that ground without checking her. She was screaming during the restraint that she couldn't breathe, she couldn't breathe and she still was just left on the ground.''
A coroner ruled Finley's Dec. 13 death a homicide, saying the teen died of suffocation and choking while restrained.
In the aftermath of Finley's death, Ohio Gov. Ted Strickland ordered a ban on the face-down restraint for agencies that oversee homes and treatment centers for troubled or disabled youth and adults.
The teen's mother, Antoinette Finley of Barberton, filed a wrongful death lawsuit in July against the workers and Parmadale's owners, Catholic Charities Services Corp. The workers were fired in February after a series of investigations determined they deviated from Parmadale's restraint policy.
Jill Flagg, an Akron attorney representing Antoinette Finley, said they had been pushing for criminal charges after their own review of the evidence.
Jordan Finley, 18, the victim's twin sister, said the family is relieved that prosecutors have acknowledged the reckless way her sister died by holding the workers accountable.
''I think they should get the highest sentence possible,'' she said. ''To kill someone being restrained and then just walk away, it's just outrageous.''
Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
CLEVELAND: Depriving a troubled Barberton teen of her music triggered the confrontation with treatment center workers that led to the girl being restrained and ultimately suffocated, prosecutors allege.
Three workers at Parmadale Family Services were indicted today on involuntary manslaughter and child endangering for the December death of 17-year-old Faith Finley.
Cynthia M. King, 32, of Warrensville Heights, Lazarita Menendez, 28, of Bedford Heights, and Ebony N. Ray, 33, of Broadview Heights, were charged in Cuyahoga County Common Pleas Court.
In addition, Menendez is also charged with felonious assault and inciting violence, the latter for her taking Finley's CD player as punishment for her unruliness, prosecutors said.
Kevin Spellacy, an attorney representing King, was not available for comment. No attorney of record was identified for the other workers.
The women are scheduled to be arraigned on Sept. 17. Each faces 10 years in prison if convicted of involuntary manslaughter charge. The endangering charge carries an additional five years.
Maureen Clancy, an assistant county prosecutor, said the CD player was identified by Finley as her coping mechanism when she was admitted to the facility in July 2008 and was not to be used as a punishment tool by Parmadale workers.
Children placed at the center for behavioral issues are typically asked to identify an item that helps soothe them in times of emotional turmoil.
Clancy said Menendez broke from Parmadale policy when she denied Finley the player, which triggered more anger from Finley and caused the workers to restrain her.
''At Parmadale, the coping mechanism is not to be used as a consequence or taken away from them. In this particular case ...Menendez did use it as a consequence,'' Clancy said. ''[Faith] then became irate and destructive. She became very violent in her room, threw her clothes around and continued to ask for her CD player.''
When Menendez refused, Finley attacked her, choking and punching the worker, Clancy said.
At this point, the two other workers came to help and restrained Finley on the floor with the women on top. During all this, Finley was crying that she could not breathe.
Prosecutors are unsure of exactly when Finley stopped breathing.
''Once the girl calmed down and was not flailing anymore and was no longer combative, they left her [face down] on the floor,'' Clancy said.
Afterward, no one checked on Finley's condition, a violation of the center's restraint policy, Clancy said.
Instead, King told Menendez and Ray to leave while she grabbed a blanket, covered herself and went to sleep in a chair.
Meanwhile, Finley's injuries went unnoticed for nearly two hours until another child noticed fluid dripping from her mouth.
''These child-care workers know what they're in for when they take on a job,'' Clancy said. ''These workers are trained to deal with these situations and they're trained on how to do a restraint and they're trained on what to do after a restraint.
''And none of those protocols were followed from the beginning to the end of this case. ...There was no reason or excuse for letting her lie on that ground without checking her. She was screaming during the restraint that she couldn't breathe, she couldn't breathe and she still was just left on the ground.''
A coroner ruled Finley's Dec. 13 death a homicide, saying the teen died of suffocation and choking while restrained.
In the aftermath of Finley's death, Ohio Gov. Ted Strickland ordered a ban on the face-down restraint for agencies that oversee homes and treatment centers for troubled or disabled youth and adults.
The teen's mother, Antoinette Finley of Barberton, filed a wrongful death lawsuit in July against the workers and Parmadale's owners, Catholic Charities Services Corp. The workers were fired in February after a series of investigations determined they deviated from Parmadale's restraint policy.
Jill Flagg, an Akron attorney representing Antoinette Finley, said they had been pushing for criminal charges after their own review of the evidence.
Jordan Finley, 18, the victim's twin sister, said the family is relieved that prosecutors have acknowledged the reckless way her sister died by holding the workers accountable.
''I think they should get the highest sentence possible,'' she said. ''To kill someone being restrained and then just walk away, it's just outrageous.''
Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
Comments
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akron, oh
Posted 08:45 PM, 09/02/2009
My good god,how horrible this story is....I hope they get the biggest punishment allowed by law.They deserve more.To completely disobey their policies is one thing ,killing her and leaving her for dead is another.All 3 of them sound like they shouldve been in some sort of treatment facility instead of trying to "help"others out.This makes me sick.At least we know Mom will win this lawsuit.,which Im sure she'd rather have her daughter back,and her poor twin sister must be horrified.My prayers go out to that whole family.
Akron, OH
Posted 08:06 AM, 09/03/2009
This should prove interestin' I can't wait to hear the facts as they come out in court.
Posted 11:48 AM, 09/03/2009
They should be charged with murder! Like the story said they know what they are getting into when they take job, if they cannot handle it they shouldn't be there. AND they knowingly ignored the rules, killed this girl, and left her!! I hope they the maximum for all charges!!!!
akron, oh
Posted 12:15 PM, 09/03/2009
My prayers are also with this family. This treatment center needs to be more selective who they hire, and provide better training. Also families who must use this type of treatment program, need to be more educated and be on the lookout for problems.
norton, oh
Posted 01:44 AM, 09/07/2009
I agree with MaryAnn the family should look into treatment centers better. The way is sounds the child had behavior problems for sometime. With children with that bad of behavior there is not t many places that will take them. I feel for the family for the loss of Faith, and also the workers whom don'the wrong restrain on Faith. but sueing is not right the family couldn't handel Faith or she would not of been there to start with. This don't exucse the staff wrong, they will pay on earth and they will have to answer to GOD.
