Alexis Krell: Young man with autism suffered 'years of suffering and pain' in family's care, lawsuit alleges

Nov. 27--A young man with autism and developmental delays suffered abuse and neglect and almost died in his family's care in Tacoma, a lawsuit against the state alleges.

The Department of Social and Health Services had warnings that 22-year-old Dustyn Wilson wasn't safe with his family, both as a child and as an adult, according to the lawsuit filed on his behalf.

"Over the course of nearly 19 years, DSHS was repeatedly warned, in graphic detail, of Dustyn's dire situation," Wilson's attorney, David P. Moody, said in a statement. "DSHS ignored the warnings, accepted the myriad excuses offered by his abusers, gave his abusers countless 'second chances,' and casually dismissed pleas for help from relatives, teachers, and medical professionals."

A state Department of Social and Health Services spokesperson said the agency does not comment on pending litigation.

"Had defendants taken action to protect Dustyn, years of suffering and pain could have been avoided," the lawsuit said. "... Dustyn suffered years of extreme abuse and neglect and sustained profound and permanent damages, including starvation and malnourishment that led to cardiac arrest, permanent injury to Dustyn's brain, and nearly ended his life."

The lawsuit filed this month in Pierce County Superior Court seeks unspecified damages on his behalf. A claim filed with the state as a precursor to the lawsuit sought "not less than $17.5 million."

The complaint makes these allegations:

Child Protective Services had reports of neglect and abuse throughout Wilson's childhood. That included reports of medical neglect, malnourishment, bruising, chronic lice problems, a lack of supervision and unsanitary living conditions in a relative's home where he witnessed domestic violence.

In one case, at the age of 8, Wilson had severe head lice for six months and at times was sent home from school.

The state removed two of his siblings from the home at different times but initially left Wilson.

Ultimately he went to live with a foster family when he was 11.

That same year Wilson's father, who had not had a relationship with him since he was 4, sought custody.

Wilson repeatedly told social workers he was afraid of his father and did not want to see him.

DSHS had seven prior referrals that alleged abuse, neglect and starvation of children in the father's home.

Part of a safety plan authored by a DSHS social worker for Wilson the next year, cited in the lawsuit, said that: "No appropriate relative has come forward as a placement option for Dustyn. Foster care is the most appropriate least restrictive setting at this time that can safely meet Dustyn's needs."

It also said that the father had "not addressed his parental deficiencies and Dustyn would be at grave risk of abuse or neglect if returned to his care at this time."

Wilson was placed in his home less than two months later.

In 2015 Wilson reported that his brother would lock him in his room and that he didn't get dinner if the brother forgot. He had poor hygiene at the time and said he got in trouble if he tried to shower more often.

A state assessment before Wilson's 18th birthday noted that he wanted to move to an adult family home after high school. It also said that there was an alarm on his bedroom door and that: "Dustyn will not tell caretakers if he is sick, not feeling well or communicate his needs. He is monitored 24 hours a day and never left alone."

The assessment described Wilson as "unaware of his safety or the safety of others" and said he was "vulnerable to exploitation."

Then in June 2017 a social worker noted Wilson was "very skinny" and hadn't gotten medical attention in more than a year.

"... instead of taking steps to monitor Dustyn's care or status, DSHS summarily terminated Dustyn's (Developmental Disabilities Administration) benefits and services on Nov. 1, 2017, citing a loss of Social Security income," when he wasn't taken for a medical appointment, the lawsuit alleges.

Later that same month a social worker noted Wilson had lost 20 pounds and looked "very skinny."

The family called 911 in June 2018 to report that Wilson was not breathing.

Firefighters found him emaciated, and he was taken to an intensive care unit in critical condition. He weighed 70 pounds.

The stepmother told police she and Wilson's father couldn't properly care for him. Wilson hadn't left the home since the summer of 2017, she said.

"It is evident on review of medical records that Dustyn suffered immeasurably in the care of his parents," a report from medical professionals said. "They withheld needed medical care, nutrition and physical care."

He was malnourished and "incapable of fighting infection which nearly resulted in his death," the report said.

Wilson told investigators that he "felt like Rapunzel ... Rapunzel was locked in a tower and all alone," the lawsuit said.

He said: "I was getting starved. I was hungry. Sometimes I got water. Then I got really thin and sick."

He would yell for help to go to the bathroom, he said, and sometimes he'd have to wait. Firefighters noted that there was feces on the floor of Wilson's room when they responded to the home.

The stepmother and Wilson's father pleaded guilty to second-degree criminal mistreatment this year in Pierce County Superior Court. They were sentenced as first time offenders to six months of community custody.

"When Dustyn turned 18, DSHS compounded the abuse by paying his abusers to 'care' for him," Moody said. "Instead of receiving care, Dustyn sat locked in a room, alone and scared, losing weight precipitously as his health faded to the point of near-death."

Today Wilson is cared for in an adult family home.

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