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Thursday, September 4, 2008 9:42 PM CDT
Resident of group home charged with aggravated battery



CHARLESTON — A 26-year-old group home resident is charged with causing the injuries that led to the death of another resident.

Robert Triston Gardner, a resident of the Graywood Foundation facility at 1511 B St., Charleston, was charged Friday with aggravated battery. Dustin T. Higgins, 21, the resident Gardner is accused of attacking, died early Monday.

Contacted Wednesday, State’s Attorney Steve Ferguson said his office is reviewing whether to file additional charges against Gardner in light of Higgins’ death.

According to police documents in Gardner’s case, he admitted to an investigating officer that he slammed Higgins to the floor “like a wrestler” and was seen by a group home employee hitting Higgins in the head several times. Gardner claimed he attacked Higgins because he was tired of Higgins stealing from him, the documents say.

Public Defender Lonnie Lutz has been appointed to represent Gardner. In court on Tuesday, Circuit Judge Teresa Righter granted Lutz’s motion to have Gardner examined by psychologist Jerry Boyd to determine if he’s mentally fit for trial. Righter scheduled the next hearing in the case for Oct. 14.

Mental fitness for trial concerns a suspect’s ability to understand the charges and help with the defense. If Gardner is found unfit for trial, he’d be kept in a state facility for treatment until he becomes fit, but no longer than the equivalent of the maximum sentence possible for the charge he faces.

The aggravated battery charge against Gardner can result in a prison sentence of two to five years upon conviction, though prison time isn’t required. He’s jailed with his bond set at a level where he’d have to post $10,000 to be released from custody.

Lutz declined to comment on the case Wednesday other than to point out his motion for the mental examination. He said the fact that Gardner is a group home resident means there’s “an indication of limitations.”

Higgins died at Carle Foundation Hospital, Urbana, to which he was transferred from Sarah Bush Lincoln Health Center on the day of his injuries. An autopsy Tuesday confirmed that he died from head injuries sustained in the incident, according to the Champaign County Coroner’s Office.

The police documents in Gardner’s case described him as “high-functioning and articulate.” Gardner also claimed that some group home employees also attacked Higgins, the documents say, and workers said Higgins frequently stole from other residents at the facility.

An employee said he heard a noise in Higgins bedroom, went to the room and found Gardner there, and then saw Gardner hit Higgins four or five times in the head, according to the police documents. Employees said they followed company procedure by notifying company managers before calling police, and initially didn’t think Higgins was injured seriously because “he sleeps a lot.”

Earlier, Graywood Foundation President Augustine Oruwari said two of the three employees staffing the home at the time have been dismissed and the third is under company investigation.

Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.


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joiegirl78 wrote on Sep 3, 2008 1:01 PM:

" I knew all of the residents in this home this doesn't sound like Robert at all... "

Code 5 wrote on Sep 3, 2008 1:21 PM:

" What a waste of taxpayers money, knowingly charging a mentally incompetent person with charges that should not stick, given they have sufficient defense counsel. "

Becky wrote on Sep 3, 2008 3:24 PM:

" Maybe they have to press the charges to get the man sent to a more secure environment. Not necessarilty prison. "

Rick1938 wrote on Sep 3, 2008 3:28 PM:

" Oh the charges can be made to stick. But he may not be ordered to a Department of Correction facility, but rather a state operated facility for those with DD. There are appropriate placements in these facilities for individuals who are not fit to stand trial and who may be violent offenders. So it may be necessary to go to court to get the perpitrator to where he really needs to be. "

nurse77 wrote on Sep 3, 2008 3:49 PM:

" I agree Rick1938. Maybe someone should evaluate the other clients of Greywood to insure the safty of others not only in the group home but in the community. "

injustice85 wrote on Sep 3, 2008 4:05 PM:

" we are forgetting that someone else should be held responsible, they were to be supervised, there were 3 people working that night, where the hell were they!? This man, Robert is incompetent, that is why they live in SUPERVISED environments "

tds1999 wrote on Sep 3, 2008 4:12 PM:

" The investigation will uncover the truth and charges will be filed and upheld as seen fit by the justice system. "

Rick1938 wrote on Sep 3, 2008 4:17 PM:

" I think we will have to wait and see what happens with the staff. I am sure that there are still some investigating going on. I can only hope that if the staff were in the wrong they will have to face some sort of charges as well. "

joiegirl78 wrote on Sep 3, 2008 4:18 PM:

" And injustice is on the money with their remarks!! "

injustice85 wrote on Sep 3, 2008 4:29 PM:

" justice will not prevail because these people aren't able to have a voice of their own "

joiegirl78 wrote on Sep 3, 2008 5:02 PM:

" Sad thing is, the ones who have a voice aren't heard "

injustice85 wrote on Sep 3, 2008 6:49 PM:

" justice is being served finally joiegirl, so i've seen on t.v. "

Someone Else wrote on Sep 3, 2008 7:24 PM:

" Joiegirl- it's obvious that you are one of the one's that knows the REAL truth. I would hope you use your knowledge to help put the guilty behind bars where they belong! "

Someone Else wrote on Sep 3, 2008 7:57 PM:

" Most companies fire people for failing drug tests "

FinsUP! wrote on Sep 3, 2008 8:20 PM:

" To joiegirl78,
If you have information that could prevent another tragedy from occuring in this residence, PLEASE report it to the proper authorities. The residents of this home may not be able to speak up to protect themselves, but you might be able to help them. "

Read all over wrote on Sep 4, 2008 7:51 AM:

" What kind of outfit is this that requires an employee to contact "company managers" before calling police?

How much time might have been lost before help arrived?

The practices of the Graywood Foundation seem pretty suspect here. "

tds1999 wrote on Sep 4, 2008 10:19 AM:

" IT IS NOT COMPANY POLICY! They are not being honest! They (the staff) did in fact violate policy and procedure. In an emergency situation 911 is called FIRST AND then notify managers!! THE TRUTH WILL COME OUT DURING THE FULL INVESTIGATION. "

joiegirl78 wrote on Sep 4, 2008 10:46 AM:

" Robert should not face these charges alone! "

EIU grad 1980 wrote on Sep 4, 2008 12:09 PM:

" I wonder if these violent group home individuals were receiving training at the Lincoln Springs facility? "

Rev Clif wrote on Sep 4, 2008 2:46 PM:

" tds1999 said..." IT IS NOT COMPANY POLICY! They are not being honest! They (the staff) did in fact violate policy and procedure. In an emergency situation 911 is called FIRST AND then notify managers!! THE TRUTH WILL COME OUT DURING THE FULL INVESTIGATION. "

tds, Unless Dustin suffered some obvious external damage that would require medical attention, why would they call 911? It was another "B Street Boys" day. If Dustin got beat up then laid down there would be no sense of emergency at all. Staff are certainly not qualified to assess a closed head trauma. If CPD was called every time a B street resident was in a scuffle or tore something up or stole something or assaulted staff, they wouldn't be able to get much else done. When these scuffles and damages occur, staff get it into the chain at whatever level they can contact soonest, follow the instructions and directive of the supervisor, fill out the incident report and that is it. Please do not try to claim that staff should have foreseen the severity of the injury. I am neither propping up nor putting down the staff involved, but please do not promote the idea that Graywood has somehow found college kids who can predict the damage of a traumatic blow to the head. If the house were on fire or someone was bleeding severely or obviously seriously injured 911 would have been called first, none of those were the case so they did what they always do. If it was not a lack of supervision issue and the staff had awareness of the fight as it occured, egged it on, or, God forbid, were actually physically involved in hurting Dustin, it will come out in the investigation. The residents who know will tell, whether another resident has them fearful or a staff member. The college age staff is not quite savvy enough to get over on the professionals and the residents will be happy to get it off their chests. I agree with joiegirl, this doesn't sound the least bit like anything we have known RG to do. He is much more likely to defend the weaker against the more violent and is talented at functioning as a mentor and classroom assistant to the lower functioning clients at the day program.
Some residents have explosive anger disorders, but RG isn't one of them. "

joiegirl78 wrote on Sep 4, 2008 3:09 PM:

" RG is honestly one of the most compassionate residents I've seen when it comes to assisting those less fortunate than himself. Rev Clif & I both personally know he is a good guy with unfortunate problems but not violent like this depicts him to be. "

Rotty wrote on Sep 4, 2008 3:50 PM:

" Just an "fyi" for those of you who are following this news thread, & may be first time posters here on this website....

Please consider placing these comment threads, that you're posting on, in your "Bookmarks/Favorites", because after a few days, these threads are jetted off to the Archive wastelands, & it's a pain in the buns to try & look them up there.

Thanks.
:-) "

FoodForThought wrote on Sep 4, 2008 4:05 PM:

" Where were all these important truths and stories before a 21 year olds life was taken. This petty bickering is pointless so while those of you who insist on pointing fingers. Be sure to point one at yourself!!!! "

joiegirl78 wrote on Sep 4, 2008 4:17 PM:

" It's hard to prevent things when management sugar coats everything to OIG or Guardians. And furthermore I have no need in pointing a finger at myself I NEVER let things get to this point. "

reddual wrote on Sep 4, 2008 4:34 PM:

" Ahh, joiegirl78, me thinks thou dost protest too much! "

injustice85 wrote on Sep 4, 2008 4:54 PM:

" why wouldn't you call 911, you never put an unconcious person in bed, its a little one story house, 3 people were supposed to be supervising "

joiegirl78 wrote on Sep 4, 2008 5:39 PM:

" reddual wrote on Sep 4, 2008 4:34 PM:

" Ahh, joiegirl78, me thinks thou dost protest too much! "

This may be true but when someone you know loses their life over stupidity that COULD HAVE AND SHOULD HAVE been prevented, you tend to get a bit riled up.

Did you not see this part of the article:

Gardner also claimed that some group home employees also attacked Higgins, the documents say, and workers said Higgins frequently stole from other residents at the facility.

As someone who worked there, I can see this from a number of staff... "

citzen42 wrote on Sep 4, 2008 6:01 PM:

" To Nurse 77: maybe if you were able to spell the word 'safety' you would be able to serve the mentally ill/disable in a respectable manner! You are a disgrace to the medical profession! "

Opinionated Gal wrote on Sep 4, 2008 6:29 PM:

" I would caution joiegirl78 about HIPAA and her obligation to protect confidential information of current and/or previous clients. (Would you want someone posting your private info on this blog w/o your permission?) A few people are revealing too much here. If aware of abuse/neglect (systemic or otherwise), an individual should contact OIG. In fact, if still employed there, the worker is obligated to do so. Failure to report could fall in the relm of neglect or abuse. Review the revised OIG rules/regs; I believe failure to report could result in a felony charge too. Regs aside, we all have a moral compass. Perhaps you should follow yours. "

parrothead55 wrote on Sep 4, 2008 7:23 PM:

" "Citzen42" you spelled disabled wrong I will let nurse77 know that he/she isn't such a disgrace after all. "

nurse77 wrote on Sep 4, 2008 7:43 PM:

" Citzen42 I am Sorry my typing error ticked you off, I did not know good typing made a good nurse that just makes you look petty and ignorant. Oh by the way you may want to let the staff writter and a few of the other people writing on this that greywood has an "e" in it not an "a" "

nurse77 wrote on Sep 4, 2008 7:49 PM:

" you dont know me if you did you would never say that I have devoted my entire adult life to care of others. What have you done "

joiegirl78 wrote on Sep 4, 2008 7:52 PM:

" Opinionated Gal
If you go to the other article you will see that my first name has bee published-couldn't careless. On the HIPAA laws- I've not mentioned anything that isn't in plain sight right here in these articles. I've not mentioned names nor have I mentioned specifics of anything I have seen. And as far as reporting it I DID. I reported to my supervisors as well as to OIG and nothing ever happened to any of the staff involved- in fact I know of at least one staff who has since been promoted to a management position. I do know what I am talking about as I HAVE SEEN IT. "

joiegirl78 wrote on Sep 4, 2008 7:58 PM:

" Nurse77 is a damn good nurse and is far more caring than alot of the people bashing us for wanting justice. "

joiegirl78 wrote on Sep 4, 2008 8:01 PM:

" Nurse77 I bet had you known that would of made you a terrible nurse and such a disgrace you would have used spellcheck LOL "

ard2002 wrote on Sep 4, 2008 8:01 PM:

" Actually Graywood is spelled with an a not an e "

nurse77 wrote on Sep 4, 2008 8:11 PM:

" I mean "a" not "e" "

Opinionated Gal wrote on Sep 4, 2008 8:12 PM:

" I apologize. I gave inaccurate information earlier. This is from the OIG site: Public Act 94-853, effective June 13, 2006, states that intentionally not reporting an allegation or reporting it late is a Class A misdemeanor, punishable by up to one year in jail and/or up to a $2,500.00 fine.----This was cut/pasted to avoid spelling errors. "

nurse77 wrote on Sep 4, 2008 8:15 PM:

" I will call my employer and quit my job because i am incompetant. Watch out the nurse that might be saving your life can't spell "

nurse77 wrote on Sep 4, 2008 8:16 PM:

" Joieirl Ha Ha "

parrothead55 wrote on Sep 4, 2008 8:18 PM:

" I have known Nurse77 for many years, she has ALWAYS been a terrible speller but is sure a heck of great nurse. "

joiegirl78 wrote on Sep 4, 2008 8:30 PM:

" Actually- while blogging I was on my break. We do get those at my present employer. "

tds1999 wrote on Sep 4, 2008 8:40 PM:

" Really people are going to argue about spelling and typos? COME ON! There is a man dead...pray for the family, clients, etc that knew and loved Dustin. He was a beutiful person- he could be a pain sometimes but God love him we all can right? Everyone needs to take the time to remember the pictues he drew and the cards he made for EVERYTHING! Remember how he told people to "take er easy." He loved everyone. What if you were Dustin's parent and saw how disrespectful these blogs had become? It is a time, like ladybird 75 said in the other blog, to come together as agencies, providers, staff, and friends to support and assure the best care for all. Stop the bickering and remember how this all started...any negativity should be ashamed of themselves. try to stay positive for Dustin and stop the petty personal attacks. "

joiegirl78 wrote on Sep 4, 2008 9:08 PM:

" There were no personal attacks until Riverrat mentioned names. AGAIN I AM ONLY TRYING TO MAKE PEOPLE AWARE THAT THIS ISNT THE BEST PLACEMENT. "

Opinionated Gal wrote on Sep 5, 2008 6:19 AM:

" For the past two days, I have read blogs that present various allegations of abuse/neglect in this agency's homes. I cannot attest to whether these statements are true or false. However, if each individual reported what they witnessed to the OIG after/during each incident, there should be a substantial paper trail related to this case. Regardless of whether a preponderance was found in the individual cases (OIG can't look at previous cases in an investigation and can only make decisions based on evidence), I believe an attorney could subpeona this information for the current criminal case. (Reality: it may not make a difference.) Again, this is why the concerned bloggers should (in present and future) report if they are confident that their statements are true. "

exchuctownresident wrote on Sep 5, 2008 11:12 AM:

" I am an eiu alumni as and I actually work for graywood at B street and know robert. My point is that I worked at that house for 2 yrs and can tell you that although I'm sure their are people who truely care about the clients who live their I still feel that this probably could have been prevented with effective staff training. I won't "bash" Graywood because without their services a lot of kids would be misplaced, but hopefully this is a wakeup call to the institution and Mr O (is he still the owner) who was a nice guy by the way, but they need to tighten up things at the houses and conduct ongoing house training. I know a lot of times when I was their the few bad instances I had were because the clients were in their rooms for several hours and we (staff on duty) weren't checking in on them. Again, I'm just being completely honest about my time at B street..they were good kids for the most part, but I can see how something like this could happen because I'm sure the staff now is no different than we were back in the day!!! My heart goes out to that young man's family and friends, please keep them all in your prayers. "

joiegirl78 wrote on Sep 5, 2008 12:21 PM:

" You make complete and utter sense exchucktown resident- that's what I've been getting at all along. CONTROLLED ENVIRONMENT. WHO WAS IN CONTROL AT THE TIME OF THIS INCIDENT??? "

injustice85 wrote on Sep 5, 2008 3:37 PM:

" yes exchucktownresident and yes joiegirl, exzactly right, we aren't being negative we are being positive by exposing a horrible truth and Dustins parents would probably be grateful "

TigerRose wrote on Sep 6, 2008 5:51 AM:

" There is a lot of petty garbage in many of the comments, but I agree with what injustice85 wrote on Sept. 3, 4:05 PM

The Staff should be the ones held responsible for the residents murder.
They are the ones who are supposed to be responsibly taking care of the residents.

From the article itself, it appears to me that something is definitely radically wrong with Coles County, if the court system feels a resident should be charged, when the guilty persons really are all irresponsible & negligent staff members. "

motochik wrote on Sep 6, 2008 9:27 AM:

" How can Lutz be appointed to represent Gardner? His daughter used to work at Graywood and worked with Dustin for sure, and possibly may have also worked with Robert! (I can not remember for sure which homes she worked at, but I do know she worked at 4th Street when Dustin reisded there!)

Wouldn't that be cosidered conflict of interest?!?!?! "

TigerRose wrote on Sep 7, 2008 5:59 AM:

" motochik: while in most places I think that definitely would be conflict of interest, you got to realize that THIS is Coles County IL. Here, conflict of interest is given for different types of conflicts. For example: The case where Ms. Pris Ebdon refused to be a court-appointed attourney for a divorced lady, who was accused of tresspassing at her former husbands residence, because Ms. Ebdon was paid $500 by the man. That is what constitutes conflict of interest in Coles County.

Simply the fact that this IS Coles County, I think is also most likely the reason that the STAFF of Graywood is not held liable for the responsibility of preventing the resident in question from committing murder. Therefore, here it is eaier & simpler to foot the blame on a person of doubtful mental abilities. "

injustice85 wrote on Sep 7, 2008 4:11 PM:

" graywood and the court system probably share a common bank account lol "

mar wrote on Sep 16, 2008 10:28 PM:

" motochik: do you know lutz's daughter personally? remember her exact work schedule, eh? and yeah, it is coles county.. "

 



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