Suit Says School Staff Scalded Retarded Youth

A retarded 17-year-old boy was nearly killed at an Orange County-run school after staff members immersed him in scalding water “to cause injury and punishment” for defecating in his pants, according to a suit filed by his mother.

The suit charges that Robert Herrell was immersed in 150-degree bath water and suffered second- and third-degree burns over 35% to 40% of his body while attending George Key Special Center in Placentia last summer.

Placentia police said they investigated and confirmed that Herrell had been severely scalded. But Deputy Dist. Atty. Kathleen Harper said no charges were filed because criminal intent could not be proved. “There was no evidence that this was done purposely,” she said. “There may have been negligence, but I was not convinced that this rose to the level of criminal negligence.”

Ronald D. Wenkart, senior attorney for the county Department of Education, said Tuesday that he had not received a copy of the civil suit, and had no comment.

The suit, filed in Santa Ana Superior Court by Judy L. Bates, seeks unspecified damages and payment of her son’s medical bills.

The complaint states that Herrell had the mental capacity “of an infant between the age of 6 months and 18 months” at the time of the incident, but his condition has worsened because of the scalding and he can no longer live at home.

According to the suit, Herrell was supposed to have been supervised by a teacher identified as Carol Cornell on June 30, 1989. But while Cornell was at lunch, two teacher’s aides, Donna Pullen and Sabrina Murphy, cared for Herrell.

“About this time, Robert Herrell had defecated upon himself and in some manner or way wiped the debris upon his body,” the suit says. “Donna Pullen and Sabrina Murphy then subjected Robert Herrell in the bath water heated to approximately 150 degrees; all the while they protected themselves by wearing gloves or otherwise not touching the scalding water.

“Because Robert Herrell does not speak and is . . . severely developmentally disabled, he sat . . . in the scalding water while his skin ruptured and burned.”