Police identify man shot and killed by homeowner Monday
AUSTIN, Texas - State investigators say they have found violations that they say placed the health and safety of residents in immediate jeopardy at the group home where James walked away from Monday morning. And that wasn't the first time the agency has found such severe violations.
"It's really just senseless and tragic and you feel for the family of the victim. You feel for the family of the people who lived in the house," said neighbor Josh Cleghorn.
Residents of two homes in a South Austin neighborhood are dealing with tragedy. A group home is mourning the loss of an autistic man in his twenties. A homeowner is coping with pulling the trigger in what they called self-defense.
The homeowner has been identified as John Daub. Officers say Daub shot James out of fear for his family's safety.
Cleghorn, who lives directly behind the group home, says he never gave it a second thought, but now he does.
"Why is somebody allowed to get out? Somebody who obviously had some medical issues and was autistic. I mean, you know walking around on doors that's not only dangerous for the homeowner but the person who is doing it as well," said Cleghorn.
Investigators with the Texas Department of Aging and Disability Services is responded immediately after the shooting and were back again on Tuesday.
Spokesperson Cecilia Cavuto says they've found violations that qualify as an immediate jeopardy situation, meaning, the health and safety of the residents is in immediate jeopardy.
"That is related to the facility not having sufficient staff at the time, having not trained staff to handle behavioral issues, having not done proper assessments of residents before they moved into the facility," Cavuto said.
During an annual inspection in July, an immediate jeopardy situation was found. A public report shows 27 deficiencies.
"The water temperature was hot enough that it could have harmed somebody if they had turned it on just hot water, they could've been burned," said Cavuto.
As with that issue, Cavuto says the agency will not leave the property until the issues are corrected.
The Texas Department of Family and Protective Services has also launched an investigation.
"In this particular case adult protective services is looking into whether there was any neglect in the group home," said spokesperson Julie Moody.
Spokesperson Julie Moody says neglect will be determined by whether the victim had adequate supervision.
"If a caregiver is validated for neglect, their name would be placed on an employee misconduct registry and then they would no longer be able to work in the capacity they're working in now," Moody said.
No matter the outcome of either investigation, Cleghorn says the shooting has made an impact on his life.
"For me, I'm just going to hug my children a little tighter at the end of the night and kiss my wife one more time out the door and you know, just be thankful for every day that I have," Cleghorn said.
If investigators with the Texas Department of Aging and Disability Services find violations, punishment can range from fines to revoking the facility's license.