Firing upheld in ‘depraved’ beating of retarded man

Tuesday, Aug. 11, 1998 | 11:05 a.m.

CARSON CITY -- A state hearing officer has found there was sufficient evidence for the firing of an employee for beating a mentally retarded client with a broom at the Desert Regional Center in Las Vegas.

Hearing Officer John Graves said the acts of Russell Diemert, a mental retardation technician, were "senseless and depraved." In a decision released Monday, Graves upheld the dismissal of Diemert. "For a man (Diemert) in control of his natural facilities to fall upon a defenseless fellow creature over which he has charge is odious and vile."

Diemert's lawyers had contended at the hearing which extended over five days that other mentally retarded clients had beaten the victim who was identified only as "Adam." Evidence was presented to show that Adam was assaulted by other mentally retarded persons at other times in the unit where he lived.

On the night of June 26, 1995, Adam was struck 14 times with injuries to his back, shoulder, fingers, arms and hands. Graves said Diemert was angry that night because some of his responsibilities had been taken away from him. He said Diemert either received resistance from Adam or was hit by the broom wielded by Adam.

Diemert, according to the hearing officer, apparently grabbed the broom and beat the mentally retarded man in his living unit.

archive