Former Sunmount employee acquitted of endangerment, assault charges

May 22--MALONE -- A former Sunmount Office for People With Developmental Disabilities employee has been found not guilty in Franklin County Court of assaulting a client.

Howard A. Shorette, 49, of Colton, was one of four employees arrested in connection with an alleged staff-on-consumer assault that took place at the Tupper Lake facility on Oct. 3, 2014, State Police said earlier.

MULTIPLE CHARGES

Ray Brook-based State Police Bureau of Criminal Investigation made the arrests in September 2015.

Shorette, along with Franklin P. Mussen, of Tupper Lake; Jerry W. Bush, of Star Lake; and Todd G. LaValley, of Tupper Lake, were each charged with first-degree endangering the welfare of an incompetent or physically disabled person, a felony; second-degree assault, a felony; third-degree assault, a misdemeanor; and official misconduct, a misdemeanor.

Additionally, Mussen was charged with criminal obstruction of breathing, a misdemeanor.

OPWDD Director of Communications Jennifer O'Sullivan said in a statement to the Press-Republican that all four men were terminated from employment.

The client allegedly assaulted was male.

'INSUFFICIENT EVIDENCE'

Shorette's defense counsel, Brian Barrett, said his client's trial began May 10 and ended Tuesday with his acquittal.

The Lake Placid-based attorney said the jury of five men and seven women deliberated for seven-and-a-half hours.

Acting County Court Judge Jerome J. Richards presided, Franklin County Court Chief Clerk Jodi L. Wood said.

"I'm absolutely thrilled that Mr. Shorette has been cleared of all charges," Barrett said in a statement to the Press-Republican. "I knew he would be acquitted of these charges since day one.

"There was completely insufficient evidence and a lack of a reliable witness to show any wrongdoing by Mr. Shorette."

JUNE TRIAL

Malone-based attorney Peter A. Dumas will represent Mussen, Bush and LaValley in a trial scheduled to begin Monday, June 13, Wood said.

County Court Judge Robert G. Main Jr. will preside over the case.

"Any abuse of the individuals in our care is completely unacceptable," O'Sullivan said.

"OPWDD works closely with the Justice Center and law enforcement to ensure that employees who are accused of criminal conduct against individuals with developmental disabilities are thoroughly investigated and brought to justice if found guilty."

Dumas did not return requests for comment on behalf of his clients.

Email Cara Chapman: cchapman@pressrepublican.com

Twitter: @PPR_carachapman

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