Nursing home deaths case: Prosecutors ‘strongly disagree’ with acquittal as judge sticks to decision

A Broward judge stood by his decision Monday to find a top administrator not guilty of manslaughter in the deaths of nursing home residents who died in intense heat at the Rehabilitation Center at Hollywood Hills after it lost power to its air-conditioning system due to Hurricane Irma in 2017.

The decision ends any possibility that someone will be held criminally liable for the dozen tragic deaths. Broward Circuit Judge John J. Murphy III issued his ruling on Friday, days after prosecutors finished presenting their negligence case against Jorge Carballo, 65, who was charged in nine of the 12 deaths.

Prosecutors cannot appeal the decision, but they asked the judge to reconsider it before jurors are informed about it. Murphy said Monday it was too late — he could not renege on his decision without violating the defendant’s rights against double jeopardy, and even if he could, he wouldn’t.

“There are no points of law or fact that were overlooked in granting defendant’s motion for judgment of acquittal,” Murphy wrote in his ruling upholding Friday’s decision.

Prosecutors disagreed.

“We respectfully accept the judge’s decision, though we strongly disagree with it,” State Attorney Harold Pryor said in a statement issued Monday afternoon. “I pursued criminal charges related to nine of those [12] deaths because I and my prosecutors firmly believed the evidence showed those deaths were the result of culpable negligence.”

Defense attorney David Frankel, left, speaks to Judge John Murphy III on Monday at the Broward County Courthouse in Fort Lauderdale, as his client Jorge Carballo listens. The Broward County States Attorney's Office objected to the judge's acquittal of Carballo, the top administrator at a Hollywood nursing home where residents perished after Hurricane Irma in 2017. The motion was denied. — Defense attorney David Frankel, left, speaks to Judge John Murphy III on Monday at the Broward County Courthouse in Fort Lauderdale, as his client Jorge Carballo listens. The Broward County States Attorney’s Office objected to the judge’s acquittal of Carballo, the top administrator at a Hollywood nursing home where residents perished after Hurricane Irma in 2017. The motion was denied. (Joe Cavaretta / South Florida Sun Sentinel)

Defense lawyers David Frankel and James Cobb argued that Carballo did everything within his ability and authority to alleviate the suffering of those who endured conditions at the Hollywood nursing home, which was shut down in December 2017 following the deaths.

Hurricane Irma knocked out the power to the nursing home’s air-conditioning system, leaving the elderly residents to bear temperatures as high as 99 degrees for 62 hours. Twelve people between the ages of 57 to 99 died.

Four people, including Carballo, were originally charged with criminal neglect, but only Carballo had to face a jury. Charges were dropped against the other three, who testified against Carballo, telling jurors they never received the proper training to handle the growing emergency they are facing.

Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457. Follow him on Twitter @rolmeda.