Elder neglect suspected in death

Son says he did the best he could for 76-year-old father; police disagree

Police are investigating whether neglect at the hands of family members caused the death of an elderly Lawrence man.

“I took care of him the best that I could,” a teary-eyed Tim Harrell said. “Everything might not have turned out perfect like I wanted it to, but I did the best I could with him.”

Harrell’s father, 76-year-old Henry Harrell, died Wednesday morning at Lawrence Memorial Hospital. Family members took him there Nov. 7. By that time he was in critical condition, according to Lawrence Police.

“His condition was such that he appeared to be mistreated,” Police spokesman Sgt. Mike Pattrick said.

Pattrick would not elaborate about Henry Harrell’s condition.

An adult protection service worker from the Department of Social and Rehabilitation Services originally contacted police about the case. Detectives immediately began an investigation into Henry Harrell’s 43-year-old son and his 40-year-old daughter-in-law, the main caregivers.

“We do periodic reports on mistreatment of dependent adults,” Pattrick said. “However, not to this severity. This individual has died.”

Henry Harrell lived with his son and daughter-in-law at the Hampton Court Apartments, 1722 W. 24th St. An apartment manager said police showed up Monday with a warrant, asking to search the Harrells’ second-floor apartment.

Services for senior careJayhawk Area Agency on Aging, based in Topeka, has a satellite office in Lawrence at 2518 Ridge Court, 832-0754.Douglas County Health Department offers a program for seniors called “Project Lively.” Call the program coordinator, 843-3060, for more information.Douglas County Senior Services, 745 Vt., offers numerous programs, 842-0543.Kansas Advocates for Better Care, 913 Tenn., 842-3088, is a nonprofit organization that focuses on issues of elder abuse and neglect. The organization’s Web site is www.kabc.org. A 20-page pamphlet on “Careful Caregiving” is available on that Web site.

“I don’t believe the allegations,” assistant manager Jill Lewis said. “I know the family and they took care of ‘grandpa’ the best that they could, to the best of their ability.”

Lewis said many of the Harrells’ neighbors knew Henry and would watch him if his relatives were out.

“He was never left alone, ever,” Lewis said. “There was always someone there taking care of him around the clock.”

Tim Harrell said he was among the busiest of the relatives.

“I took care of him for the better part of two years,” he said. “He said he wanted to live with me, and I said, ‘OK, I’ll take care of you, Dad.’ He didn’t want to go into a rest home.”

Difficult task

Advocates for the elderly say many people who decide to take on the burden of caring for an ailing relative at home aren’t prepared for the task.

“Most people don’t have the proper medical training,” said Deanne Bacco, executive director of Kansas Advocates for Better Care, a local nonprofit organization specializing in elder abuse. “We provide one-on-one consultations with registered nurses, so caregivers can learn how to deal with the elderly and those who are frail.”

The service is free, thanks to a grant from the Sunflower Foundation in Topeka, but Tim Harrell, like many untrained caregivers, was unaware of the services available.

“Unfortunately, Tim was not aware of the community help he could have gotten,” Lewis said. “I’m sure that if someone would have sat down and explained there are agencies out there to help, I’m sure he would’ve gone for it. He would have done anything to help his dad. He loved his dad.”

Investigation ongoing

Now criminal charges could be forthcoming, Pattrick said, noting that a report on the police investigation would be forwarded to the District Attorney’s Office.

An autopsy was performed on Henry Harrell Wednesday afternoon, but as of Thursday police still didn’t have a cause of death.

“The medical information plus the autopsy report will be able to determine how long the neglect had occurred,” Pattrick said.

Douglas County Dist. Atty. Christine Kenney said she would not speculate on any possible criminal charges.

Generally, she said, mistreatment of a dependent adult was a misdemeanor unless it involved “infliction of physical injury, unreasonable confinement or cruel punishment.” In those cases the crime is a felony.

There’s also a possibility of involuntary manslaughter charges against the caregivers because the alleged neglect resulted in a death.

Tim Harrell said such a charge would be unwarranted.

“Because I took care of my father, now I’m getting the whole nine yards,” he said. “I may not have brought him in in time, like I should have, but it’s not right for them to treat me like some kind of horrible person.”