New York State Justice Center for the Protection of People with Special Needs

November 20, 2014

Orange AHRC Driver Charged after Man with Autism is Left in Agency Van

Case Being Prosecuted by the Justice Center

Hamptonburgh, NY-- NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning today announced the arrest of Robert Kastmann (DOB: 04-13-53) who allegedly left a non-verbal service recipient unattended in an unheated agency van for several hours while he was employed as a driver for Orange AHRC. The provider is certified by the NYS Office for People With Developmental Disabilities (OPWDD).

The incident first came to the attention of law enforcement officials when it was reported to the Justice Center’s Vulnerable Persons Central Register (VPCR) Hotline. A call center representative opened a case tracking file. The arrest followed an investigation conducted by OPWDD, with assistance from New York State Police Troop F investigators.

Kastmann, who is a resident of Campbell Hall, New York was arraigned in Hamptonburgh Town Court on a Misdemeanor complaint charging him with:

  • One count of Endangering the Welfare of an Incompetent or Physically Disabled Person in the second degree, a Class A Misdemeanor.
The defendant was transporting service recipients from multiple group homes to a day habilitation program during the morning hours of January 30, 2014 when he allegedly parked the van at the end of his shift and marked it as clear and empty. The non-verbal victim, who has autism was left alone in the unheated vehicle for more than four hours before he was discovered by another driver at the start of the afternoon shift.

Kastmann pleaded not guilty to the charge and was released on his own recognizance. He has been terminated from his position. The case is being prosecuted by Justice Center Assistant Special Prosecutor Deidre Chuckrow.

About the Justice Center

The Justice Center and its statewide hotline and incident reporting system began operations on June 30, 2013. It is staffed 24-hours a day, seven days a week by trained professionals who receive reports of allegations of abuse and neglect of people with special needs. Once a report is received by its (VPCR) Hotline, it is logged and assessed. Serious cases of abuse or neglect are assigned to the Justice Center’s investigation team or, when appropriate, to a local law enforcement agency for follow-up.

The Justice Center also maintains a statewide registry of all persons who have been found to be responsible for serious or repeated acts of abuse and neglect. Once placed on the registry, known as the “Staff Exclusion List” or SEL, they are prohibited by law from ever working again with people with disabilities or special needs.

The Office for People With Developmental Disabilities (OPWDD) is one of six state agencies under the jurisdiction of the Justice Center. The Justice Center also oversees certain facilities or programs that are operated, licensed or certified by the Office of Mental Health (OMH), the Department of Health (DOH), the Office of Children and Family Services (OCFS) the Office of Alcoholism and Substance Abuse Services (OASAS), and the State Education Department (SED).

The booking photo of the suspect is attached.

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Editor’s note: In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is an accusation and that a defendant is presumed innocent until and unless proven guilty.
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