A Florida judge rejected a prosecutor's impassioned plea, saying he would not reconsider his acquittal of a nursing home administrator in the overheating deaths of nine patients after Hurricane Irma knocked out the facility's air conditioning in 2017.
Charles Morton, with the Broward County State's Attorney's Office presents his argument to Judge John Murphy III, back, at the Broward County Courthouse, Monday, Feb. 27, 2023, in Fort Lauderdale, Fla. The state objected to the judge's acquittal of Jorge Carballo, the top administrator at a Hollywood nursing home where residents perished after Hurricane Irma in 2017. The motion was denied.
“The state has not presented sufficient evidence that the Defendant acted with culpable negligence,” Murphy wrote Monday. Prosecutors cannot appeal the ruling, which is final.Carballo, 65, was operating the Rehabilitation Center at Hollywood Hills in September 2017 when Irma knocked out power to the 150-bed facility’s air conditioning. Temperatures rose inside the building over two-plus days before patients started dying on the second floor.
Irma had disconnected an electrical line that powered only the facility's air conditioner. The facility's other power remained. The power and air conditioning were also intact at a large regional hospital across the street, where prosecutors and families have argued the patients should have been evacuated.
Glendale Owens, whose 83-year-old father, Bobby Owens, died at the facility, was frustrated by the judge's ruling. She believes the patients should have been evacuated to the hospital as soon as the nursing home's temperatures started rising. Morton said the evidence presented had shown that Carballo had warnings from his medical staff that the second-floor patients were overheating well before they began dying, but that he was more concerned about money than their health.
“You don't need a weatherman to tell you which way the wind is blowing,” Morton said, paraphrasing Bob Dylan's “Subterranean Homesick Blues.”
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