Nearly a year after a student died at a private school in El Dorado Hills, California, several former employees have been arrested. Thirteen-year-old Max Benson, who had severe autism, was 6 feet tall and weighed 280 pounds at the time of his death, and became unresponsive soon after he was physically restrained. On Tuesday, two administrators and one staff member involved in the incident were charged with involuntary manslaughter.
The incident happened November 28, 2018, at a private school known as Guiding Hands School.
Max had reportedly become physically violent, and according to Scott Rose, a spokesman for Guiding Hands School, staff "needed to utilize a nationally recognized behavior management protocol to address the situation." Their response was to put the student in a prone restraint, which positions the person in a facedown position on the floor. Though it's been used for individuals with autism who grow violent, its use in schools is controversial.
When Max became unresponsive, staff attempted CPR but were unsuccessful, which is when paramedics were alerted. The teen was rushed to Mercy Hospital of Folsom in critical condition, and later to UC Davis Medical Center.
According to police, he died two days later.
The school, which was founded in 1993, offered education to students ages 2 to 21 in small classes, and catered to those with special needs.
Following the incident, however, the California Department of Education suspended the school's certification, and it officially closed its doors in January 2019.
During that time, authorities launched an investigation into the boy's death, and they ultimately found that Max was left in the restrained position "for longer than was necessary" and excessive force was used.
According to BuzzFeed News, "longer than necessary" equated to nearly two hours of lying facedown.
The El Dorado District Attorney's Office announced Tuesday that charges have been leveled at the school itself, as well as individuals involved.
The three people arrested include Guilding Hands School Executive Director Cindy Keller, Principal Staranne Meyers, and special education teacher Kimberly Wohlwend, who performed the restraint.
"This case is being filed after a lengthy, multi-agency investigation into the facts and circumstances that led to the death of this student," the DA's office announced in a press release.
A lawsuit the Benson family filed also claims this wasn't the only time excessive and unnecessary force was used on Max.
He had only enrolled in the school five months prior, in June 2018. Max had recently been diagnosed with a brain tumor, which the school reportedly knew. Administrators were also aware of Benson's multiple behavioral and health issues, BuzzFeed News reported, and had restrained him multiple times before in the same prone restraint that caused his death. In fact, one incident occurred just one week prior to the teen's death — and it reportedly lasted an hour.
The restraint Max endured November 28 is described as particularly brutal, according to the Benson family's lawsuit. It alleges that the school staffers held the teen down for nearly two hours, until the boy vomited and lost consciousness.
After two days of hospitalization, Max succumbed to his injuries, after being declared brain dead, suffering from organ failure, and, ultimately, undergoing cardiac arrest.
