Two facing charges from Sunmount incident
TUPPER LAKE — State Police charged two individuals in connection to an alleged incident that happened during the transportation of a patient between Sunmount and the Adirondack Medical Center in Saranac Lake.
Cornelis Michael Guerard, 28, of Norfolk, and Amy L. Gardner, 52, of Massena are each facing one count of first-degree endangering the welfare of an incompetent or physically disabled person, a felony. They were both charged on May 5. The defendants were released on their own recognizance, according to police.
The incident allegedly occurred on April 19, and State Police consulted with the Office of Special Prosecutor/Inspector General for the Justice Center for the Protection of People With Special Needs on May 1 regarding the incident.
State Police Public Information Officer Trooper Brandi Ashley said State Police did some background investigation before bringing the charges. Much of their investigation involved consulting with the above partner agencies to determine that there was sufficient evidence of a break in protocol to bring charges.
Ashley said that according to police records, during the transportation, the two people charged allegedly failed to provide adequate care, which endangered the patient — who Ashley said attempted to run away and was ultimately restrained.
Ashley said the third person assigned to the patient’s transport — the driver — was not involved in the alleged misconduct and is not facing any charges in relation to the matter.
Franklin County Assistant District Attorney Alyxandra Stanczak is handling the case. She did not comment on the facts of the matter, citing a need to preserve the jury pool and ensure the defendant’s rights to a fair trial.
“Being a small community, I’d rather not try this case in the press,” she said. “We take these cases very seriously, and I work with Sunmount — the investigators there — as well as the Justice Center (for the Protection of People With Special Needs) a whole lot, but I’d rather not taint any facts, so that’s why I’m not making any specific comment.”
Stanczak said that the charge falls under state penal law 260.25.
“Under these charges, actual harm need not result,” she said. “But I need to prove that it was a knowing act and it was likely to be injurious to either the physical, mental or moral welfare of a protected class individual.”
A spokeswoman for the state Office for People With Developmental Disabilities said the two employees were placed on administrative leave.
“OPWDD takes the safety of people who receive our services very seriously and staff receive regular training on how to recognize and report abuse or neglect,” said Erin Silk, assistant director of communications. “The employees in question were placed on administrative leave and OPWDD is working closely with law enforcement. As this is an active investigation, we cannot comment further.”