White Plains, NY-- NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning announced today that a Westchester County Grand Jury has unsealed a 16-count indictment charging three employees of a Bronxville, New York group home with abuse and falsely reporting an incident involving a person with developmental disabilities who was in their care.

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 was also made to the Tuckahoe Police Department, which responded. Justice Center investigators conducted the investigation which led to the arrests.

Kimm Thompson (DOB: 05/17/65) of Albany, New York is facing the following charges:

·         One count of Endangering the Welfare of a Vulnerable Elderly  Person, or an Incompetent or Physically Disabled Person in the second degree, a class “E” Felony;

·         Four counts of Endangering the Welfare of an Incompetent or Physically Disabled Person in the second degree, a class “A” Misdemeanor;

·         One count of Assault in the third degree, a class “A” Misdemeanor;

·         One count of Offering a False Instrument for Filing in the first degree, a class “E” Felony;

·         One count of Offering a False Instrument for Filing in the second degree, a class “A” Misdemeanor; and

·         One count of Official Misconduct, a class “A” Misdemeanor.

Thompson’s bail was set at $5,000 by Judge David F. Everett.

Monsurat Dindi (DOB: 09/18/60) of Bronx, New York is facing the following charges:

·         One count of Endangering the Welfare of a Vulnerable Elderly  Person, or an Incompetent or Physically Disabled Person in the second degree, a class “E” Felony;

·         One count of Endangering the Welfare of an Incompetent or Physically Disabled Person in the second degree, a class “A” Misdemeanor;

·         One count of Assault in the third degree, a class “A” Misdemeanor;

·         One count of Offering a False Instrument for Filing in the first degree, a class “E” Felony; and

·         One count of Offering a False Instrument for Filing in the second degree, a class “A” Misdemeanor; and

·         One count of Official Misconduct, a class “A” Misdemeanor.

Dindi’s bail was also set at $5,000.

Maxine Smith (DOB: 09/07/70) of Bronx, New York is facing the following charges:

·         One count of Offering a False Instrument for Filing in the first degree, a class “E” Felony;

·         One count of Offering a False Instrument for Filing in the second degree, a class “A” Misdemeanor; and

·         One count of Official Misconduct, a class “A” Misdemeanor.

Smith’s bail was set at $1,000.

All three defendants are scheduled to reappear in court on January 27, 2015.

"The 3 defendants, who are state employees, disregarded their obligations to the vulnerable people in their care and then flagrantly misrepresented the events in written reports,” said Ms. Gunning. “Public servants who cover up abuse and neglect with falsehoods should take heed that the Justice Center will vigorously investigate and prosecute these types of crimes to ensure that those responsible for such misconduct are held accountable.”

The indictment stems from an incident in which a service recipient sustained serious injury when defendants Thompson and Dindi improperly loaded her into an agency van for transport to an off-site function. The woman cried out in pain when the leg supports to her wheelchair were smashed as the pair closed the van’s wheelchair lift-door. Due to the defendants’ inaction, the victim failed to receive medical treatment for several hours for her injuries which included a fractured foot and lacerations to a toe.  All three defendants later filed reports with their agency that contained false information about the incident.

Thompson, Dindi and Smith have been placed on administrative leave. 

The case is being prosecuted by Justice Center Deputy Special Prosecutor Jaqueline Kagan. 

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 Vulnerable Persons Central Register (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 group home is operated by the Office for People With Developmental Disabilities (OPWDD). 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).

###

Editors:  Booking photos of the defendants are attached.