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Former YSI employee, student face assault charges

November 25, 2012
by Antonio Acosta - Register Staff Writer (tacosta@faribaultcountyregister.com) , Faribault County Register

A former Elmore Academy employee again faces charges in the alleged assault of a 17-year-old student last June.

And, in another separate incident, a student at the facility also has been charged with assaulting a correctional officer at the facility.

Frank Jude Halupka, 29, of Elmore has been charged with one count of malicious punishment of a child, which is a gross misdemeanor and carries a maximum penalty of one year in jail and a $3,000 fine.

He also faces a misdemeanor charge of fifth-degree assault, having a maximum sentence of 90 days in jail and a $1,000 fine.

The new charges come a month after the city attorney of Elmore, Ryan Gustafson, asked the court to dismiss a fifth-degree assault charge.

A court complaint says on the night of June 21 several students at the facility were arguing and needed to be separated.

Halupka reportedly remained with one of the students "in the unit" when the 17-year-old boy walked in and started talking with the students.

Court papers say Halupka gestured three times for to the 17-year-old to sit down.

A video reportedly shows the youth is standing and put his arms behind his back, anticipating he is going to be restrained.

Halupka is seen locking the boy's arms behind his back before taking him down from a standing position.

The teen reportedly strikes the ground face first and is pinned down for six minutes.

According to the video, the boy did not appear to be physically threatening Halupka or struggling when he was restrained.

The boy reportedly sustained several injuries to his face while being put on the ground. The complaint says expert analysis of the restraint technique used presented an "enhanced risk of bodily harm to the boy."

Jesse Williams of Youth Services International, the parent company of Elmore Academy, in the past has said that Halupka was fired for violating company policy.

On Monday, 18-year-old Isaiah Thomas Malone appeared in Faribault County District Court on charges of third-degree assault and fourth-degree assault of a correctional/probation officer.

Judge Douglas Richards set bail at a $10,000 surety bond and ordered Malone be fingerprinted and photographed.

Malone was appointed an attorney, must report any change in address to the court administrator's office and have no contact with the victim.

According to a court complaint, deputy Chris Albers responded to a report of a staff member being assaulted on Nov. 16.

Albers reportedly found an ambulance crew member assisting a female employee lying on the gym floor in pain.

Court papers say Malone struck and knocked out the woman while she was trying to break up a fight between him and another youth.

She was transported to United Hospital District in Blue Earth, where medical officials determined she suffered contusions and a concussion.

The maximum penalty for third-degree assault is five years in prison and a $10,000 fine, while the fourth-degree charge carries a maximum sentence of two years and a $4,000 fine.

 
 

 

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