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Prosecutors must prove Carballo acted recklessly and showed gross and careless disregard for his patients' safety. Carballo, 65, could face 15 years in prison if convicted, although a sentence of that length would be unlikely as he has no previous record. He was originally charged with 12 deaths, but three cases have been dropped.
He said Carballo was following published research that shows moving frail, elderly patients comes with a high risk of death. “Hurricanes are unpredictable. Stuff happens during hurricanes that can't be planned for. If something happens that can't be planned for, you do the best you can,” he said. A state report said that before the storm hit on Sept. 10, 2017, Carballo and his staff made appropriate preparations. They purchased extra food and water and fuel for the generator.
About 6 a.m. on Sept. 13, after more patients arrived, Memorial's then-head nurse Judy Frum and her assistant, Tracy Meltzer, walked to the home to offer assistance. Both testified Monday that when they entered, the heat struck them and the home's staff seemed frantic. Paramedics were already there.
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