CDC2-1570198-00 FILED

TARRANT COUNTY
11/15/2018 2:07 PM
THOMAS A. WILDER
CAUSE NO. 1570198 DISTRICT CLERK

THE STATE OF TEXAS § IN THE CRIMINAL DISTRICT

§
V. § COURT NO. 2
§
SAS HEALTHCARE INC. § TARRANT COUNTY, TEXAS
DBA SUNDANCE HOSPITAL

STATE'S INTENT TO INTRODUCE

EXTRANEOUS OFFENSES, UNADJUDICATED OFFENSES, BAD ACTS
AND PUNISHMENT EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the State of Texas, by and through her Assistant Criminal District

Attorney, Matthew Smid, and hereby gives this notice to Defendant of its intent to introduce

evidence of extraneous offenses, bad acts at guilt/innocence pursuant to Tex. R. Evid. 404(b) and

unadjudicated offenses and bad acts at the punishment phase of the trial of the above entitled and

numbered cause pursuant to Tex. Code Crim. Proc. Ann. Art. 37.07.

I.

In addition to the charged offenses alleged in the pending indictment, the State intends to

offer evidence of the following acts either at guilt/innocence or punishment:

1. That from on or about January 1, 2016 to September 1, 2018, in Tarrant County, Texas,

the Defendant contacted Arlington PD on over 40 occasions for purposes of assisting the

Defendant in detaining patients. During these instances, the Defendant requested that

Arlington PD complete a “Notification of Emergency Detention.” In responding to these

calls, Arlington PD Officers felt there was not enough evidence to detain a patient on a

“Notification of Emergency Detention.” On several of these occasions the Defendant had

originally detained the patient with a “Notification of Emergency Detention” but that
 notification had expired. The Defendant tried to use Arlington PD to obtain a second

notification in an attempt to prolong the detention of the patients.

2. That on or about July 21, 2016, in Tarrant County, Texas, patient V.V. was assaulted by

another patient at the Defendant’s facility. A report of the assault was not made until July

23, 2016 because V.V. was discouraged by agents for the Defendant from reporting the

incident to the police. Agents for the Defendant told APD that they did an “internal report”

and therefore it was not necessary to call the police. This incident was not reported to the

Texas Department of State Health Services by the Defendant.

3. That on or about December 7, 2016, in Tarrant County, Texas, several patients “eloped” (a

term the Defendant uses when a patient escapes from the hospital) from the Defendant’s

facility. Arlington PD was dispatched to the Defendant’s facility and the Defendant’s

agents were unable describe which patients escaped. It took the Defendant’s agents over

1 hour to provide this information to Arlington PD. Arlington PD had to utilize 12 officers

to respond to this call.

4. That on or about December 19, 2016, in Dallas County, Texas, the Defendant injected

“chemical restraints” (Ativan and Haldol) into Sabrina Cooley. The Texas Department of

State Health Services deemed this action illegal and unwarranted.

5. That on or about January 9, 2017, in Tarrant County, Texas, the Defendant presented

patient J.M. with a contract (“Consent for Treatment Form”) and convinced him to sign in

as a “voluntary patient.” This act was done on the same day that the Defendant’s

“Application for Order of Protective Custody” for J.M. was denied. The Defendant

provided this contract to J.M. despite having stated on January 7, 2017 the following

regarding J.M.:
 a. “Unable to sign/altered MH status.” This comment was in regard to “consent for

treatment” documents.

b. “Patient is unable to contract for safety.”

6. That on or about January 28, 2017, in Tarrant County, Texas, patient K.B. was assaulted

at the Defendant’s facility. K.B. suffered a nasal fracture and swollen eye. This incident

was not reported to the Texas Department of State Health Services by the Defendant.

7. That on or about March 26, 2017, in Tarrant County, patient P.D.W. was assaulted by

another patient at the Defendant’s facility. P.D.W. sustained a fractured hip as a result of

the attack. After the attack, agents for the Defendant changed P.D.W.’s clothes and placed

him in a bed. The agents refused to call the police despite a request from P.D.W. Agents

for the Defendant did call for an ambulance 3.5 hours after the assault, because the

Defendant urinated on himself twice while lying injured in his bed. This incident was not

reported to the Texas Department of State Health Services by the Defendant.

8. That on or about April 5, 2017, in Tarrant County, Texas, a patient was able to successfully

“elope” from the Defendant’s facility. Arlington PD utilized four officers to respond to

this call.

9. That on or about June 19, 2017, in Tarrant County, Texas, patient C.H., and Defendant’s

employee Janet Sule were assaulted by another patient. Emergency Medical Services (not

the police) were called 12 hours after the assault of C.H.. Agents for the Defendant told

EMS workers that the injuries were the result of an “accidental fall.” A report to Arlington

PD was not made until June 25, 2017. Agents for the Defendant told Arlington PD that

the delay in reporting was for the staff to conduct an “internal investigation.” The incident

was not reported to the Department of State Health Services until June 26, 2017.
10. That on or about July 7, 2017, in Tarrant County, Texas, the Defendant did knowingly

violate a provision of the Texas Mental Health Code, namely Section 576.006 by failing to

notify the guardian of A.S. that A.S. was discharged from the Defendant’s facility.

11. That on or about August 28, 2017, in Tarrant County, Texas, the Defendant did knowingly

violate a provision of the Texas Mental Health Code, namely Section 576.006 by failing to

notify the guardian of M.G. that M.G. was discharged from the Defendant’s facility.

12. That on or about October 4, 2017, in Tarrant County, Texas, juvenile patient J.L. was struck

in the face by another juvenile patient. An agent for the Defendant contacted Arlington

PD on October 8, 2017. When pressed by APD on why the Defendant did not call sooner,

an agent for the Defendant said the Defendant “wanted to do their own internal

investigation” and the Defendant’s “policy is to not contact the police in regard to assaults

unless the patient requests that the police be contacted.” This incident was not reported to

the Texas Department of State Health Services by the Defendant.

13. That on or about October 24, 2017, in Dallas County, Texas, the Defendant refused to

admit and treat patient J.L. when J.L. was presented to the Defendant as a patient in need

of Mental Health Services.

14. That on or about November 9, 2017, in Tarrant County, Texas, two juvenile patients

“eloped” from the Defendant’s facility. Arlington PD responded to a call for service from

the Defendant and was able to track down the two juveniles. Arlington PD used 6 officers

to respond to this call.

15. That on or about November, 10, 2017, in Tarrant County, Texas, the Defendant presented

patient J.L. with a contract (“Consent for Treatment Form”) and convinced him to sign in

as a “voluntary patient.” This act was done on the same day that the Defendant’s
 “Application for Order of Protective Custody” for J.L. was withdrawn. The Defendant

provided this contract to J.L. despite having stated the following regarding J.L.:

a. “Grossly psychotic”

b. “Not factually competent.”

c. “Patient unable to contract for safety.”

16. That on or about November 18, 2017, in Tarrant County, Texas, the Defendant did

knowingly violate a provision of the Texas Mental Health Code, namely Section 572.004,

by failing to assist a patient, namely J.L., in creating a written request for discharge after

J.L. informed the Defendant of his desire to leave Sundance Hospital.

17. That on or about December 29, 2017, in Tarrant County, Texas, patient B.S. observed

patient J.M. masturbating. J.M. touched B.S. while he was masturbating. B.S. notified

agents for the Defendant of this assault on December 29, 2017. The Defendant did not

report this incident to Arlington PD until December 30, 2017, when J.M. sexually assaulted

another patient. This incident was not reported to the Texas Department of State Health

Services by the Defendant.

18. That on or about December 30, 2017, in Tarrant County, Texas, patient C.R. reported to

agents for the Defendant that she was sexually assaulted by patient J.M. C.R. was told by

agents for the Defendant that this report would be “handled internally.” After hearing this,

C.R. called Arlington PD herself to report the assault from the Defendant’s facility. This

incident was not reported to the Department of State Health Services by the Defendant until

January 2, 2018.

19. That on or about January 29, 2018, Juvenile patient T.R. reported to agents for the

Defendant that another juvenile patient penetrated T.R.’s anus with the patient’s sexual
 organ. The agent for the Defendant told T.R. to go back to sleep. On January 30, 2018 at

5:00 pm., T.R. reported the above mentioned sexual assault to another agent for the

Defendant. An agent for the Defendant did not call Arlington PD until 9:00 that evening.

This incident was not reported by the Defendant to the Department of State Health Services

until January 31, 2018. It was later discovered at Cook Children’s hospital that T.R.

sustained “anal fissures” while at the Defendant’s facility.

20. That on or about February 15, 2018, in Tarrant County, Texas, the Defendant presented

patient D.H. with a contract (“Consent for Treatment Form”) and convinced him to sign in

as a “voluntary patient.” This act was done on the same day that the Defendant’s

“Application for Order of Protective Custody” for D.H. was denied. The Defendant

provided this contract to D.H. despite having stated the following regarding D.H.:

a. “Insight and judgment impaired”

b. “Only oriented to person.”

c. “Patient is unable to contract for safety.”

d. “Thought process consisted of illogical ramblings.”

21. That on or about February 18, 2018, in Tarrant County, Texas, the Defendant did

knowingly violate a provision of the Texas Mental Health Code, namely section 572.004,

by failing to assist a patient, namely D.H., in creating a written request for discharge after

D.H. informed the Defendant of his desire to leave Sundance Hospital.

22. That on or about February 20, 2018, in Tarrant County, Texas, patient J.P. was discharged

to the Union Gospel Mission in Fort Worth, Texas. This discharge occurred without the

consent or knowledge of J.P.’s treating physician, Dr. Sreenath Nekkalapu.

23. That on or about February 23, 2018, in Tarrant County, Texas, juvenile patient N.H.

checked into the Defendant’s facility. While she was checking in, a 75-year-old man

named Paul Sherman pulled his pants down and exposed his genitals to N.H. N.H.

immediately reported this incident to an agent for the Defendant. The agent told N.H. “are

you just making this up so you do not have to be checked in.” The agent also said, “are

you sure you are not seeing things” and “did this really happen.” After N.H. insisted that

the event occurred, Arlington PD was called to the Defendant’s facility. This incident was

not reported to the Texas Department of State Health Services by the Defendant.

24. That on or about February 26, 2018, in Tarrant County, Texas, the Defendant did

knowingly violate a provision of the Texas Mental Health Code, Namely Section 572.004

by failing to assist a patient, namely D.H., in creating a written request for discharge after

D.H. informed the Defendant of his desire to leave Sundance Hospital.

25. That on or about April 30, 2018 in Tarrant County, patient E.C. (who originally came to

the hospital voluntarily), decided that she wanted to leave the Defendant’s facility. Agents

for the Defendant refused to let E.C. leave. When E.C. tried to escape from the facility,

she was injected with Haldol, Ativan, and Benadryl with three separate injections.

26. That on or about May 1, 2018, in Tarrant County, Texas, the Defendant’s agents called

Arlington PD because the Defendant’s original “Notification of Emergency Detention” had

expired. The Defendant’s agents requested that Arlington PD complete another

“Notification of Emergency Detention” for the Defendant. This request was made for the

Defendant to detain the patient an additional 48 hours. Arlington PD refused to complete

the notification.
27. That on or about May 22, 2018, in Tarrant County, Texas, Arlington PD made the

determination that it will no longer consider the Defendant an “appropriate mental health

facility” for purposes of the Mental Health Code Section 573.001. From that point forward,

Arlington no longer completed “Notifications for Emergency Detention” for the

Defendant.

28. That on or about May 27, 2018, in Tarrant County, Texas, the Defendant did knowingly

violate a provision of the Texas Mental Health Code, namely section 572.004, by failing

to assist a patient, namely K.F., in creating a written request for discharge after K.F.

informed the Defendant of his desire to leave Sundance Hospital.

29. That on or about May 30, 2018, in Tarrant County, Texas, the Defendant did knowingly

violate a provision of the Texas Mental Health Code, namely section 572.004, by failing

to assist a patient, namely K.F., in creating a written request for discharge after K.F.

informed the Defendant of his desire to leave Sundance Hospital.

30. That on or about May 30, 2018, in Tarrant County, Texas, the Defendant presented patient

A.G. with a contract (“Consent for Treatment Form”) and convinced her to sign in as a

“voluntary patient.” This act was done on the same day that the Defendant’s “Application

for Order of Protective Custody” for A.G. was withdrawn. The Defendant provided this

contract to A.G. despite having stated the following regarding A.G.:

a. “Patient remains psychotic and is very resistant.”

b. “Patient is unable to contract for safety”

31. That on or about May 30, 2018, in Tarrant County, Texas, the Defendant did knowingly

violate a provision of the Texas Mental Health Code, namely section 572.004, by failing
 to assist a patient, namely A.G., in creating a written request for discharge after A.G.

informed the Defendant of her desire to leave Sundance Hospital.

32. That on or about June 18, 2018, in Tarrant County, Texas, an agent for the Defendant called

Arlington PD and notified them of an “active shooter” on the Defendant’s facility. When

Arlington PD responded to the scene, they discovered that there was never an active shooter

at the facility.

33. That on or about June 20, 2018, in Tarrant County, Texas, a patient “eloped” from the

Defendant’s facility. A person unaffiliated with the Defendant called Arlington PD to

report this escaped patient. Arlington PD located and detained the escaped patient. When

the Defendant was contacted, it’s agents were unaware of the escape and there was a

significant delay in the response from the Defendant requiring Arlington PD supervisors

to call at least three times. The Defendant’s agents were unable to figure out who was to

pick up the patient. The patient was adamant that he did not want to return to the facility

due to the way he was treated and the living conditions.

34. That on or about September 8, 2018, in Tarrant County, Texas, patient P.G. was in the

hallway of the intake division at the Defendant’s facility. While waiting in the hallway, a

male patient pulled down his pants, exposed his genitals, and masturbated in front of her.

P.G. notified an agent of the Defendant. The agent told her that the agent “would take care

of it.” The agent further told her that she needs to file a report with the police after she

discharges from the facility.

35. That on or about September 12, 2018, at 6:45 pm., in Tarrant County, Texas, juvenile

patient J.D., was kicked by an agent for the Defendant at the Defendant’s facility. The
 incident was not reported to Arlington PD until September 13, 2018 at 1:21 pm. The

Defendant reported that this delay in reporting was due to the Defendant conducting it’s

own “internal investigation.”

36. That on or about September 14, 2018, in Tarrant County, Texas, patient T.J. was admitted

to the Defendant’s facility at the time of admission. T.J.’s girlfriend notified the Defendant

that T.J. had suicidal ideations. T.J. was placed in the “PICU” section of the Defendant’s

facility. In this unit, agents for the Defendant were to monitor the Defendant closely and

account for his welfare every 15 minutes. Agents for the Defendant failed to conduct these

welfare checks. On September 15, 2018, T.J. committed suicide in his room by hanging

himself. T.J. was found deceased in his room at 8:56 am. He was last seen alive after

walking to the nurse’s station at 7:23 am. T.J. went back to his room at 7:24 am. From

7:24-8:56, no one conducted a welfare check of T.J. An agent for the Defendant entered

into T.J.’s medical records that he did conduct the welfare check. The video evidence from

the Defendant’s facility reflects this was a false entry in T.J.’s medical record.

Respectfully submitted,

SHAREN WILSON
Criminal District Attorney
Tarrant County, Texas

/s/ Matthew Smid

MATTHEW SMID
Assistant Criminal District Attorney
State Bar No. 24063541
Email: mjsmid@tarrantcountytx.gov
401 W. Belknap Street
Fort Worth, Texas 76196-0201
Phone: 817-884-1400
Facsimile: 817-884-1826
 CERTIFICATE OF SERVICE

I, Matthew Smid, certify that on the 15th day of November 2018, a true and correct copy of
the above document was forwarded to the attorney of record by uploading on the TechShare
program or email:

/s/ Matthew Smid

MATTHEW SMID