Attorney General files Motion for Second Amended Petition
“Current Staff Member 4 is the medical coordinator for Agapé and he forcefully scrubbed tattoos off of the residents using rubbing alcohol and a Brillo (steel wool) pad which resulted in scarring.”
These are direct quotes from the Proposed Second Amended Petition published on September 19th, 2022.
Staff Member 1
Current Staff Member 1 was one of several staff who restrained J.P. for an hour and a half. As a result of that restraint, J.P. suffered large bruises lining his left arm from the bicep to the forearm, and bruises
on his right side and ankles. J.P.’s mother saw J.P. after the restraint and observed the bruises.
Another resident, J.T., was running as discipline and when he couldn’t
continue, Current Staff Member 1 threw J.T. against the wall and began applying pressure to J.T.’s shoulder. He lifted J.T. into the air and slammed him on the ground. While taking J.T. to the ground, Staff Member 1 landed on J.T.’s shoulder and then began pressing his elbow into J.T.’s shoulder. Days later, J.T. received medical care and the injury to his shoulder required J.T.’s arm to be a sling for three months.
Staff Member 2
Current Staff Member 2 restrained resident J.P. for approximately two hours. J.P. suffered a large bruise on his low back area as a result of the restraint. Further, staff members, including Current Staff Member 2, used their elbows to dig into the muscles of J.P.’s arms and he experienced numbness and the inability to use his fingers as a result of the staff’s conduct.
Current Staff Member 3’s conduct toward at least three residents, J.P., N.B., and Z.C., creates a direct concern regarding the immediate health and safety of the residents. Current Staff Member 3 restrained J.P. for two hours and dug his elbows into J.P.’s arm muscles to the point J.P. experienced numbness and the inability to use his fingers. J.P. suffered a large bruise on his lower back attributed to Current Staff Member 3’s restraint.
Current Staff Member 3 restrained N.B. while other staff used their elbows and knees on pressure points on N.B.’s arms and legs such that N.B. lost feeling in his arms and legs. N.B.’s legs swelled and he sustained large bruises. As a result of such restraints, N.B. was diagnosed with ulnar nerve neuropathy which is consistent with physical abuse.
Current Staff Member 3 restrained yet another resident, Z.C., and Z.C. suffered severe bruising on his arms as a result and subsequent difficulty using his arms.
Staff Member 4
Current Staff Member 4 is the medical coordinator for Agapé and he forcefully scrubbed tattoos off of the residents using rubbing alcohol and a Brillo (steel wool) pad which resulted in scarring.
Staff Member 5
Current Staff Member 5 directs the facility, is intimately familiar with its structure and operation, participates in the management, and was fully aware of and condoned, if not promoted, Brown town. Current Staff Member 5’s conduct regarding W.S., who was a resident who suffered significant weight loss as a result
of his time in Brown town, creates a direct concern of an immediate threat of health and safety of the residents. W.S.’s weight loss was documented as malnourishment by the child advocacy center. W.S. reportedly resorted to stealing food from the facility to stave off starvation.
In addition to perpetrating Brown town and its deprivations and
extreme physical requirements, in an attempt to put G.W. in the “apartment,” Current Staff Member 5 grabbed resident G.W.’s hair on the right side of his head and slammed his head onto the tile floor multiple times. As G.W. was restrained by other staff, Current Staff Member 5 then put his knee on G.W.’s head and into G.W.’s arms. G.W.’s ear swelled two to three times its normal size and puss oozed from the back of his ear. G.W. suffered heavy bruising to his arms and a loss of feeling and numbness in his fingers and right hand for weeks afterwards.
Current Staff Member 5 was part of the staff group who “restrained” J.P. for an hour and a half after staff ripped up letters from J.P.’s “paw-pa.” Current Staff Member 5 caused bruising on J.P.’s left bicep to his forearm and bruising on his
right arm and his ankles.
Z.C. suffered severe bruising on his arms and difficulty using his arms after restraints by Current Staff Member 5. Excessive use of force with elbows and knees during restraints was designed to increase pain and induce compliance, not to prevent injury and safeguard students.
Resident J.T. was slammed into the wall by staff before being taken to the intake room where Current Staff Member 5 tossed J.T. onto the ground. Current Staff Member 5 then used his elbow to strike J.T.’s head causing J.T.’s head to hit the wall. J.T. was injured by Current Staff Member 5 and other staff in this incident and in the restraints where staff, including Current Staff Member 5, used their elbows and knees to apply pressure.
Staff Member A
Staff Member A was previously employed with Agapé and although no longer employed, continues to reside on the property according to the September 8, 2022 census provided by Agapé.
While employed with Agapé, Staff Member A placed his knees on resident G.W.’s upper arms during a restraint causing G.W. to sustain dark bruises that lasted for approximately four weeks. Staff Member A’s additional pressure during restraints increased the pain suffered by G.W.
Similarly, current employee Scott Dumar is subject to felony assault
charges in case number 21CD-CR00359 arising out of acts toward residents in the course of his employment at Agapé.
Other Agapé staff who were found to have abused the residents have
reportedly left the employment and the property of Agapé. In addition, the following individuals were employed by Agapé and due to acts involving residents during their employment, are now subject to felony assault charges: State v. Seth Duncan, 21CDCR00361; State v. Trent Hartman, 21CD-CR00360; State v. Christopher McElroy, 21CD-CR00358; State v. Everett Graves, 21CD-CR00362. Former employee David Smock has pending felony charges for 4 counts of 1st degree statutory sodomy, attempted 2nd degree statutory sodomy, sexual misconduct, child molestation, and stalking, all arising from his acts toward residents during his employment at Agapé. See State v. Smock, 21CD-CR00485.
According to a federal indictment unsealed on August 30, 2022, Julio
Sandoval, former dean of students at Agapé Boarding School, allegedly handcuffed and forcibly transported a minor from California to Agapé in August 2021. Press Release, “Department of Justice, Arrests Made For Transportation of Fresno County Teen to School in Missouri,” (Aug. 31, 2022), available at: tinyurl.com/ycxpxvu2.