GOODLAND, Kan. (KSNW) — A Sherman County judge has agreed that the public deserves to know more about the arrest of four employees of ResCare Community Living in Goodland.
Because of his decision, KSN News has learned that the case involves a ResCare resident or residents who allegedly suffered malnourishment, dehydration, bruising, and a possible brain bleed.
Three of the employees are charged with felonies. Tabitha Madden, Marcos Zamudio-Rios, and Maria Martinez-Carrillo are each charged with the mistreatment of a dependent adult and interference with law enforcement.
They, along with employee Marvin Casana Benites, are also charged with a misdemeanor count of failure to report abuse or neglect.
Although the investigation began in late January, and they were arrested in mid-February, the police, the county attorney, and a ResCare spokesperson would not say exactly what happened.
KSN News asked to see the probable cause affidavits in which the Goodland Police Department documented its alleged findings. Lawyers for the four suspects fought against the release of the affidavits.
But on Tuesday, Judge Scott Showalter wrote that “to not release the affidavit deprives the public of legitimate information.” He ordered that the affidavits be released, but with any identifying information about the victims or any witnesses blacked out.
Probable cause affidavits
All four affidavits were written by Officer Karina Angelos of the Goodland Police Department. The following is a compilation of all four documents.
Angelos said that her investigation started on Jan. 28, when she was given a Kansas Department for Children and Families adult protection report to investigate. She said the report alleged possible abuse from a ResCare staff member, later identified as Maria Martinez-Carrillo.
That same day, the officer contacted the first possible victim. The alleged victim told about someone throwing things at her and insulting her. The name of the alleged perpetrator was redacted from the document.
On Feb. 6, Angelos was on patrol in Goodland and talked to Marcos Zamudio-Rios. She said he came to the police department to speak about the ongoing ResCare investigation. She said she asked him if he had any knowledge of staff members being verbally or physically abusive toward patients. He allegedly told her several times that he had no knowledge of any staff members being abusive.
On Feb. 7, Angelos assisted EMS with a ResCare patient having a medical emergency. During the medical call, a female victim alleged that several staff members were physically hurting her. The officer said the female had several bruises and scratch marks.
On Feb. 10, a ResCare employee went to the police department to speak to Angelos. Part of what the worker said to the officer is redacted. One part this is not redacted is that the employee allegedly heard Martinez-Carrillo threaten ResCare residents and tell them she would hit them.
In each of the affidavits, Angelos refers to interviews she conducted on Feb. 13.
The officer said she asked Benites to come to the police department for an interview that day regarding the ongoing investigation of some ResCare staff members.
Several segments of the Benites’ affidavit are redacted. It says, “During the interview (redacted) saw covered in bruises in the month of December (redacted) also advised that (redacted) malnourished and dehydrated with a possible brain bleed and therefore requiring medical intervention.”
It goes on to say, “During this time (redacted) advised he had become aware of possible abuse by two of her caretakers (redacted.)”
One of the other interviews on Feb. 13 was with Tabitha Madden. Again, several areas of the affidavit are blacked out. Angelos wrote, “During my interview with Tabitha (redacted) was made aware of several claims of abuse regarding employees of hers.”
The officer goes on to allege that Madden failed to report abuse to the proper authorities as she is a mandated reporter. She then writes about Madden moving a ResCare resident from her regular home to the “lowest functioning house in the area.”
Angelos said that because the resident was moved, she no longer had a bed and was sleeping on a couch. The resident also did not have access to her property, such as the clothes and food she had bought.
Angelos said she asked Madden why she moved the resident. The affidavit said, “Tabitha advised that she learned of the investigation (redacted). Therefore, she took (redacted) out of the home instead of the alleged abusers.”
The officer said that through the interviews with various people on Feb. 13, she learned that Martinez-Carrillo was also suspected of abuse and neglect of another patient.
All four suspects entered pleas of not guilty and are due in court on March 29.
- Madden’s bond was set at $15,000. Her court appearance will be at 2 p.m. on March 29
- Martinez-Carrillo’s bond was set at $15,000. Her court time is 2:15 p.m.
- Casana Benites’ bond was set at $750. He is scheduled for 2:30 p.m.
- Zamudio-Rios’ bond was set at $15,000. He is set to appear at 2:45 p.m.
Last month, a ResCare Community Living spokesperson sent KSN this message:
“At ResCare Community Living, our top priority is ensuring the health, safety and well-being of the individuals we serve. We take these allegations seriously and are cooperating with local authorities.”