BILLINGS — Incoming Billings state Sen. Mike Yakawich is aiming to push forward an amendment to a law in the upcoming 69th Montana Legislative Session for enhanced penalties for caregivers who deliberately victimize the vulnerable population.
Currently, there are no additional legal consequences for caregivers if they harm or steal from the ones in their care, aside from those imposed on the general public.
"The bill that we're intending to bring forward here is to enhance the penalty for someone who hurts or injures someone who is under a paid caregiver. So these are terms that we'll be building up for this bill. We're not creating a whole new law. It's just an enhancement," Yakawich said on Monday. "We're trying to address 1% of the working population. Ninety-nine percent of the working population are awesome, do a great job working with those who are most vulnerable."
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This stems from a homicide that happened in February of this year at a Residential Support Services (RSS) group home in the Heights. The dozen group homes in Billings run by RSS care for adults with intellectual and developmental disabilities. The man who was killed was 37 years old, but he had the cognitive function of a two- or three-year-old, was blind, non-verbal and weighed 108 pounds.
According to court documents, the defendant, Dante Anthoney Garriott, 19 at the time, grew frustrated with the resident, identified only as "A." in court records, when he was trying to walk him back to his room. The man kept falling, and Garriot confessed to kicking the man on the side of his body. Garriot then punched him in the body and once in the face with a closed fist. The man died nearly 2 weeks later.
Garriot faces deliberate homicide charges and his trial date is set for Feb. 24, 2025 in Yellowstone County District Court.
“It was devastating. All he ever wanted was love,” group home manager with RSS, Kara Brauer, said about the resident who died. “How could somebody do that to anybody, let alone someone who is so vulnerable and needs the love and protection of the staff that work in their home?”
The proposed bill would not apply to acts of negligence, but deliberate intent.
“There should be a higher standard," said Calvin Calton, the Executive Director of RSS. "I think when you're paid, when you take a position and draw a paycheck, and care for somebody, you need to take it seriously."
Calton wants this bill to send the message that vulnerable people should be protected.
“Elderly, child, disabled, we value you. You're 100% a citizen of this state and we will do our best to take care of you,” Calton said. “I think it's needed now more than ever.”
Yakawich referred to a previous amendment to help better explain this revision.
"I'll give you an example. Like there is a statute for it's wrong, obviously, for me and anyone to harm a woman. However, if you harm a woman who's pregnant, this bill that they have now, it's enhanced. So one to 20 years more on top of the actual felony that you do," Yakawich said. "So, our concept here is just to reassure the community, reassure those people who are working with those who are intellectual or developmentally disabled, those who are the most vulnerable, to hold them accountable."
The bill would propose another one to 10 years for caregivers convicted on top of the charges that are typical.
