Lawyer wants death of Woods Services patient reopened in light of Nevins death

Robert Percaro and Bryan Nevins had much in common.

Both were autistic New Yorkers who lived for years at Woods Services in Middletown Township, Bucks County.

And within the last year, both suffered horrific deaths while in the care of that facility.

Percaro, 17, was killed Oct. 31 when struck by several vehicles on Route 1. He left his building after 1 a.m., made his way to a nearby overpass, and fell into traffic.

But unlike the July 24 death of Nevins, 20, in a locked, superheated Woods van - which has resulted in felony neglect charges - Percaro's caused scarcely a ripple on the police front.

A lawyer for Percaro's family is now urging Bucks authorities to launch a criminal investigation into his death.

"The wrongful conduct in the Percaro death is as bad, and probably worse, than the conduct involved in the death of Bryan Nevins," lawyer George Bochetto wrote Thursday to District Attorney David W. Heckler. The letter asked for an investigation "not only of the patient-care workers, but also of Woods Services' management."

Heckler said only that his office would look into it. Woods, which has denied any wrongdoing, questioned the need for even that.

"The Middletown Township Police Department conducted a thorough investigation of Mr. Percaro's death when it happened," a statement by Woods said. "Woods Services is unaware of any information which would lead the attorney to request an investigation by the Office of the District Attorney now, over nine months after the incident."

At 1:09 a.m. Oct. 31, Percaro began throwing things around his room, according to a state incident report. Staffers "attempted to calm and redirect him," but Percaro ran from his room, out an exit door and into the woods, pursued by at least two workers, the report says.

At the nearby overpass, Percaro climbed a seven-foot chain-link fence, lost his grip, and fell onto a passing sedan. He was then struck by at least three more vehicles, killing him.

The coroner's report lists his time of death as 2:30 a.m. It is not clear whether Woods workers were near Percaro when he fell, or what transpired in the hour and 20 minutes between his escape and death.

A Middletown sergeant who investigated the case did not return a call Thursday seeking comment.

Bochetto included in his request copies of two civil lawsuits filed last winter resulting from Percaro's death.

One, filed by Bochetto on behalf of Percaro's mother, alleges that negligent, inadequate care by Woods led to the teen's death.

The other suit was filed by Benedict Flahn, one of Percaro's former care workers at Woods. Flahn claimed he was fired after telling state investigators of concerns he said he had raised repeatedly about Percaro's care and safety before the accident.

Woods has sued the Pennsylvania Department of Transportation, blaming Percaro's death on the condition of the overpass bridge. Woods also contends Flahn was fired for making an unauthorized coffee run that left Woods residents unsupervised.

Heckler said he had turned Bochetto's materials over to Deputy District Attorney Robert James, who is prosecuting the case of Nevins' hyperthermia death.

Nevins, prosecutors say, was left for hours in a locked van after returning from a trip to Sesame Place. Residential counselor Stacey Strauss, 40, was charged last week with felony neglect of a care-dependent person, involuntary manslaughter, and recklessly endangering another person.

Heckler said he knew of no similar criminal behavior in the Percaro case but would have James look into it.

"He will meet with the detectives who know about that case, and if he sees tie-ins or criminality involved, we certainly are in a position to pursue it," said Heckler, who had not taken office at the time Percaro was killed.

Police and state regulatory authorities have said no wrongdoing was found in Percaro's death.

Bochetto strenuously disputed that conclusion this week.

"There are many other children there who desperately need someone at the top to start paying attention or we're going to have a third tragedy on our hands," he said.

Bochetto claims, for instance, that Woods residents sometimes lack proper supervision because care workers are diverted to do janitorial work as a cost-cutting measure.

He said Woods had been repeatedly told that Percaro's history of fleeing demanded closer supervision. Percaro's caretaker the night of his death, Bochetto said, was a woman in the late stages of pregnancy "who was in no condition to stop him."

Percaro, of Coram, N.Y., had autism and other mental disorders. Court records say he had been referred to Woods in 2001 by his public school.

Because of Percaro's tendency to run away, caretakers were required to keep him within reach whenever he was outside his living quarters.

Flahn, a Liberian immigrant, had worked at Woods for six years and doted on "Robbie," sometimes accompanying him on train trips to Long Island for family parties, he said in his suit.

Flahn repeatedly complained to superiors that Percaro was a danger to himself and needed one-on-one supervision. Instead, according to the suit filed on Percaro's mother's behalf, Woods saved money by assigning caregivers to cleaning duties, allowing less supervision of residents.

The day before Percaro's death, Flahn claims, he had warned Woods not to allow Percaro to attend a Halloween party. Percaro had been acting up, and Flahn feared an allergic reaction to some of the food at the party could provoke him to run off, his lawsuit says.

After Percaro was killed, Flahn's lawsuit contends, Flahn was told by a Woods supervisor to tell investigators from New York that "everything was fine with Robbie."

Flahn, whose shift had ended hours before Percaro escaped, instead shared his concerns with investigators. Included was his belief "that Woods Services was responsible for Robbie's death," the suit says.

On Nov. 20, less than 48 hours after meeting with investigators, Flahn was fired, his lawsuit says. Woods officials contended that Flahn had left the premises without permission to fetch coffee, leaving a client unattended.

Flahn claims he had permission to leave and was fired in retaliation for his statements to investigators.