Penalties in patient's suicide questioned

From the Denver Post

Five state employees were disciplined after the death of a mentally handicapped man at the Wheat Ridge Regional Center, but an attorney for the family questions whether the right people were punished.

One employee resigned in lieu of termination, two received 5 percent pay decreases for six months, one was counseled on employee expectations and another received a performance memo, according to information provided after an open-records request.

Brian Mattingley, 27, hanged himself at the center in the early morning of Dec. 17, 2005, after a long history of suicide threats and attempts, according to a lawsuit filed in August.

The lawsuit names the center's director, Sharon Jacksi, and an on-call psychologist in training, Joycelyn Lee, but Colorado Department of Human Services spokeswoman Liz McDonough said neither was disciplined.

Lee, who is still working under a licensed psychologist because she doesn't have her license, was a contract employee in 2005 but has since been hired full time, McDonough said.

Attorney Peter Harris, who filed the lawsuit for Mattingley's mother, Terri Wolfe, said Lee and Jacksi should have been disciplined. "If you're in charge, it falls underneath you," he said. "There should have been some sort of discipline. I think it's an institutional problem there."

McDonough disagreed. "It was a horrible tragedy, but based on review we did, we felt we held the appropriate people accountable," she said.

The lawsuit claims that staff failed to properly supervise Mattingley despite his care plan, which required wellness checks every 30 minutes. Lee spoke to Mattingley that evening, but she said he did not threaten suicide, the lawsuit says.

Harris said Lee should have done more than just talk to Mattingley by phone, considering his history.

McDonough said Lee was not disciplined because she was not told that Mattingley threatened suicide the night he died.

The document released by DHS lists the punishments handed out.

Stacey Larrabee, a health care technician at the center, was placed on administrative leave and resigned in lieu of termination in January 2006. She failed to perform bed checks.

Mary Pearson, a licensed psychiatric technician, was docked 5 percent pay for six months for false documentation of medication and failure to do visual checks between shifts. She has since retired, McDonough said.

Carla Juarez, a residential coordinator, also was docked 5 percent pay for six months, removed from the position of residential coordinator in training and made ineligible for promotion for a year for failure to do visual checks.

Joe Martinez, a health care technician, was counseled on employee code of conduct and job expectations because he did a solo check at shift change instead of doing so with another tech. McDonough said he has since left the center.

Carin Hagman, a licensed psychiatric technician II, received a performance memorandum for failing to inform Lee of Mattingley's suicide threats.