Preventing Workplace Violence

2. Preventing Workplace Violence Craig C. Dilger Stoll Keenon Ogden PLLC

5. Violence on the Job The Horrors of the Nursing HomeMurders Case and How This Tragedy could have been Prevented

6. Violence at work most often is the result of 1 of 3 catalysts: • Violence in the workplace has increased at an alarming rate over the last 20 years. To be safe you must know the warning signs and be persistent. • Kimberly Harris was terminated from Jefferson Place Nursing Home. Less than one month later, April 29, 1997, her immediate superior, Pattie Eitel and the Director of the Facility, Debbie Bell were dead. • Discipline • Termination • Domestic Issues

7. Harris planned every aspect of these murders. • Harris knew the schedules of Patti Eitel and Debbie Bell. • In her mind these murders were “Justice”.

8. Case Study - Warning Signs Missed • Harris came to Jefferson Place on the morning of April 29, 1997 intending to kill the people who fired her! She arrives too late. • Upon returning to Jefferson Place at 5:25 p.m., Harris AVOIDS the front entrance and enters Jefferson Place from the rear parking area. • Harris lies in wait and does not attack the victims until they are AWAY from the front entrance and the cameras.

9. Significant Discipline on the Job, Loosing a Job or Domestic Turmoil (Divorce, Child Custody or Violence in the Home) Can be a Life Altering Event! • Never underestimate the emotional response of someone to a significant life event. • As Harris approaches Patti and Debbie she shoots each of them in the legs to STOP them from running. • Harris then fires several shots into each victim. When she is finished the gun is empty and both Pattie Eitel and Debbie Bell are dead.

10. Testimony will later establish that Harris believed her job was unfairly taken from her with no appeal or voice. • Progressive discipline, counseling, appeal processes and exit interviews often lessen the emotion and anger. • Harris takes her pistol and quickly leaves the scene of the murders via the BACK EXIT of Jefferson Place. She has thought this day through and planned every detail. • It is a mistake to believe workplace violence is always an unrestrained overly emotional uncontrolled set of actions. • Harris CONCEALS the pistol in her car by wrapping it in a towel and HIDING it.

11. Harris Had a Plan and Did Not Intend to Get Caught! • Harris takes the QUICKEST way home to Elizabethtown using the shortest route, the Interstate. • Not out of control, erratic or overly emotional. • Later, during a police interview Harris indicates that when she saw the police pull in behind her, she changed lanes several times to see if they were following her. • Throughout the attack and escape, Harris makes a number of rational and planned decisions, clearly not the actions of a person not in control.

12. What Were the Warning Signs? • On at least two occasions Harris had to be forcibly removed from Jefferson Place. • Prior to her termination Harris made THREATS to HARM or KILL other employees at Jefferson Place.

13. What Were the Warning Signs? • Even after numerous verbal and written warnings, Harris continued to return to Jefferson Place after her termination. There was no action taken, no on-site security or notification to Law Enforcement. • At the time of the murders, criminal court proceedings were pending involving Harris stealing Patti Eitel’s dogfrom her home. However, there were no pending legal actions specific to her behavior at the facility.

14. Facts That Led to Conviction and Are Evidence of Harris’ Resolve • On the day of the murders, Harris calls in sick to her new job. She still wears her uniform as to NOT RAISE ANY SUSPICIONS from her parents, who she was staying with at the time. • Harris DRIVES DIRECTLY to Jefferson Place on the morning of April 29, 1997, in hopes of catching Pattie and Debbie alone.

15. Harris was in control and made a CONSCIENCE DECISION to wait until she has the opportunity to attack and escape. • Never underestimate the resolve of an employee in an altered emotional state. • Harris fires ten (10) bullets, striking Patti and Debbie with each shot.

16. Harris intentionally fires an execution style shot into the head of each victim to ensure they are both dead. • Harris immediately flees the scene, hides the murder weapon and takes the fastest route home.

17. April 29, 1997 Could Have Been Avoided • Patricia Eitel and Deborah Bell were brutally murdered by a former employee. • The Eitel and Bell families have lost mothers, a wife, daughters, sisters, aunts and friends. • Harris was found Guilty of 2 Counts of Intentional Murder and sentenced to 2 consecutive Life Sentences in the Maximum Security Prison at PeeWee Valley.

18. Profiling • Negative Profiling: • Based only on appearance • Race • Gender • Age • Attire

19. Profiling • Positive Profiling: • Recent discipline at work; • Recent attitude changes, depressed; • Out of touch with reality; • Legal issues – arrest, drug possession, DUI; and • Marital issues – divorce, custody, living arrangement.

20. Profiling • Positive Profiling: • Physical issues/personal hygiene; • Appearance issues; • Difficulty with authority; and • Threatening or irrational behavior.

21. How to be Prepared: • Examples: • Physical review of facility on a regular basis; • Conduct security procedures review for on-site threat including active shooter; • Customized security reports to document every incident; • Panic system: electronic and other; • Training in emergencies, intervention, hostile intruder and active shooter; • Exterior doors shut and locked; and • Floor or Area Leaders with special training and responsibility.

22. Local Law Enforcement • Be familiar with local law enforcement officials before crisis occurs • Louisville Metro – 574-LMPD

23. Prevention How You Can Prevent This From Happening : • Prevention is the key to saving lives. • Take threats seriously. Always follow up with the paperwork and customized security reports.

24. Investigate EVERY threat. • Educate yourself, your staff and your employees on what to look for in other employees including outbursts of anger, irrational behavior, change in appearance, problems with authority and an inability to correct behavior without repeated intervention.

25. NEVER be afraid to ask questions if something seems out of the ordinary. It is better to offend someone than to be the next victim. See something, say something! • In most cases of workplace violence the attack is the culmination of a course of conduct that should have been addressed and stopped.

26. Never be afraid to contact law enforcement. The police prefer a pre-emptive call rather than a murder investigation. • Note security breaches and potential security breaches. Take note of likely points of entry. Bring these gaps to the company’s attention and then follow up. • Make it your business to see that security is in place and followed. Encourage those you work with to follow the security procedures.

27. Prevention • Encourage involvement of law enforcement in your security plan. • Stay vigilant and push the issue of heightened security. Time spent on prevention and training will save lives. IT MAY SAVE YOUR LIFE!

28. Contact Information Craig C. Dilger 502-560-4274 Craig.Dilger@skofirm.com Stoll Keenon Ogden PLLC 2000 PNC Plaza Louisville, KY 40202