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Driver proclaims innocence One of
indicted health aides says he was driving, not aware boy wasn't
breathing
February 23, 2007
By Tim O'Brien
COLONIE -- A health care worker
charged in the death of 13-year-old Jonathan Carey proclaimed his
innocence Thursday, saying he did not know the teen had stopped
breathing in his van because he was driving at the time.
"I didn't do anything -- I was just
there," said Nadeem Mall, 32, during a 20-minute interview in the
Albany County jail. "It's a big 15-passenger van. I have to keep my
eyes on the road. It was dark."
Mall spoke to a reporter through a
small screen covered in wire mesh during visiting hours at the jail.
A Pakistani immigrant, he said, "I've been in this country since
1985. I've never been in any trouble."
Gesturing to indicate the jail, he
said, "This is my first time here."
Mall's remarks Thursday came as he
and and Edwin Tirado, 35, both of Schenectady, were indicted on
charges of second-degree manslaughter and criminally negligent
homicide, both felonies. If convicted on both counts, they each face
a maximum of 15 years in prison.
Both are employees of the O.D. Heck
Developmental Center in Niskayuna. Carey, a developmentally disabled
resident of the facility, died Feb. 15, after police say he was
improperly restrained during what was supposed to be a trip to
Crossgates Mall.
Tirado and Mall stand accused of
"recklessly" causing the boy's death by improperly restraining him
and then physically compressing his body with their own -- until he
stopped breathing.
Additionally, the indictment
alleges the men "failed to render aid or provide, secure or summon
medical attention for the victim even though they had the legal
obligation to do so." Police have said the two drove around for 90
minutes -- running errands, stopping for beverages, buying a video
game and dropping it off at Tirado's home -- before returning to O.D.
Heck, where efforts were made to revive the boy.
Although Tirado is the one accused
of touching the child, both are considered responsible for Carey's
death under the charges.
Mall was driving while Tirado was
sitting on a back bench with the boy. The nonverbal, autistic child
and another 14-year-old resident were on an outing with the health
workers but never got to the mall.
Mall said he did not know Carey was
in medical distress until they returned to O.D. Heck.
He was aware the boy was acting out
in the back of the van, he said, but argued that was not unusual for
the center's patients.
"I had no reason to think this was
anything different," he said.
Tirado spoke to a reporter at the
jail long enough to say he was unhappy with coverage of the case but
would not discuss it. "I've been getting a lot of bad press," he
said.
Told a reporter was willing to tell
his side of the story, Tirado replied: "No, my family has already
done that." He then stood up and left the holding area where inmates
can talk to visitors.
Mall expressed frustration at being
locked behind bars and worried about the impact on his wife and
children, ages 4 and 1. He had worked at O.D. Heck for three months
and was glad to have a good-paying state job, he said.
Mall indicated he signed statements
for police but said he had been in custody for hours before he did
so. He said he had received training on how to properly restrain
residents, but that as the driver he did not do so.
District Attorney David Soares said
he is appalled by the case.
"The care for the most vulnerable
members of our society is a sacred trust," he said. "The callous
disregard for human life shown by these two defendants is an affront
to every parent, child or family member struggling to care for a
dependent relegated to the care of a social service agency."
The foreman of the grand jury
hearing the case handed up the indictments to Albany County Judge
Thomas A. Breslin Thursday. An arraignment is scheduled for this
morning.
Tim O'Brien can be reached at
454-5096 or by e-mail at tobrien@timesunion.com.
Legal steps
Following are the usual steps in a
criminal case before trial:
# When an arrest is made, the
suspect must be brought before a judge promptly for arraignment on
the charges by police in the jurisdiction where the arrest occurred.
The charges are read out loud whether the suspect has an attorney or
not, and a not guilty plea is automatically entered.
# In felony cases, the lower-court
judge doesn't set bail and the suspect -- now called a defendant --
is sent to jail and may apply for bail. A felony defendant is
entitled to a preliminary hearing, within five days. If there is a
hearing at which the district attorney presents a bare-bones case, a
judge decides whether sufficient evidence exists to hold the
defendant for grand jury action.
# A defense lawyer may waive the
preliminary hearing, letting the case go straight to a grand jury.
Or the district attorney may move quickly to present the case to a
grand jury before the scheduled hearing.
# After a preliminary hearing, if
the defendant is not free on bail, prosecutors have 45 days to
obtain an indictment or the defendant must be released. An
indictment is a formal accusation that supersedes any charges lodged
by police at the time of arrest.
# The defendant is arraigned again
on the charges contained in the indictment, this time in a
felony-level court, which is usually County Court upstate and state
Supreme Court in New York City. At that proceeding, the defendant is
represented by an attorney. Again the charges are read aloud, and
the defendant pleads not guilty. The judge may set bail and schedule
a date for the prosecution and defense to submit motions, dealing
with pretrial matters such as the admissibility of evidence and any
statements made to authorities.
-- Carol DeMare
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