Judge upholds acquittal in 9 hurricane nursing home deaths

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Judge upholds acquittal in 9 hurricane nursing home deaths
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A Florida judge rejected a prosecutor's impassioned plea Monday, 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.

Circuit Judge John J. Murphy III listened impassively as prosecutor Charles Morton made his case Monday morning for reconsideration. But after about an hour of deliberation Murphy upheld his Friday decision to acquit Jorge Carballo of manslaughter -- even before the three-week trial reached the jury.

"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.

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