Topeka woman convicted of mistreating two dependent adults; prosecutor recommends probation

A Topeka woman was convicted on Tuesday of beating and confining two mentally challenged men under her care.

Brooke Shinn, 21, pleaded no contest Tuesday morning to two felony counts of felony attempted mistreatment of a dependent adult. She originally faced two felony charges of mistreatment of a dependent adult, one felony charge of aggravated battery and one misdemeanor count of criminal restraint.

Douglas County District Court Judge Kay Huff accepted Shinn’s plea and found her guilty of the two felony counts.

Brooke Tiara Shinn.

Prosecutor Amy McGowan noted that with Shinn’s conviction Kansas sentencing guidelines presume her to be sentenced to probation rather than prison.

McGowan recommended to Douglas County Judge Kay Huff that Shinn be sentenced to a year of probation for each of the two counts, to be served consecutively. She also asked that Shinn be ordered to serve 10 days in jail, receive a mental health assessment, complete anger management, have no contact with her two victims and that she not work as a caregiver during her probation.

Shinn, who was arrested in April but released from jail after posting a $5,000 bond, was allowed to remain out of custody until her sentencing hearing next month.

In 2015, Shinn was working as a professional caregiver for ResCare. She was responsible for looking after two dependent men living in a home at 2706 Crestline Drive.

Over the course of several months Shinn beat the men, locked them in their room for days on end, pushed them and locked one in a small, dark closet, according to an arrest affidavit filed in Douglas County District Court.

Shinn has no prior criminal convictions in Douglas County. She no longer works for ResCare.

In January 2016, one of Shinn’s two victims, Joseph Schaefer, alongside his guardian, filed a civil lawsuit in Douglas County District Court seeking at least $750,000 in damages and requesting a jury trial.

The lawsuit lists Shinn, ResCare Kansas Inc., ResCare Inc. and Kattie Johnson, another former ResCare employee, as defendants.

The lawsuit claims that not only did Shinn abuse Schaefer, but she, her supervisor and the company neglected his safety in order to maximize company profits.

In June, Shinn filed a motion to stay the civil case until her criminal case was resolved. Douglas County District Court Judge Paula Martin granted her request.

Shinn is next scheduled to appear in court to be sentenced at 11 a.m. on Nov. 21. The next hearing for the civil case has not yet been scheduled.