CEDAR CITY — Citing three "serious" rule violations, state officials Monday moved to revoke the license of Maximum Life Skills Academy in Cedar City.
On March 8, two 17-year-old residents of the group home allegedly attacked counselor Anson Arnett, hitting him in the head at least twice with a baseball bat. The 31-year-old Arnett was flown to a Salt Lake City hospital with critical injuries and died the next day.
"We decided to go ahead with this action today based on the evidence we've been able to collect so far," said Ken Stettler, licensing director for the Utah Department of Human Services. "These are pretty serious violations that should be followed. If they're not going to follow basic rules, particularly in the area of having more than one counselor on duty at all times, then they should be shut down."
Academy director Adam Ah Quin, 24, could not be reached for comment Monday. Hurricane attorney Stephen Harris, who is listed on the Utah Department of Commerce's Web site as the company's agent, also was unavailable.
Jesse Simmons and Sean Graham have been charged with aggravated murder and aggravated kidnapping in Arnett's death. The teenagers are being charged as adults and could face the death penalty, if convicted.
Following the attack, the teens fled to Las Vegas, where they were arrested March 9. The boys also are accused of stealing a company van and some medication and cutting the home's phone lines. Arnett was found stuffed upside down in a locked closet nearly 1 1/2 hours after he was beaten, according to the charging documents filed in Cedar City's 5th District Court.
Four other boys in the home at the time of the attack ran to another counselor's home for help. Those teens have been interviewed by police and remain at the facility, which was licensed to enroll up to 11 boys ages 12 to 17.
A more thorough investigation will be conducted once the Cedar City Police Department issues a final report to the Iron County Attorney's Office, Stettler said.
Maximum Life Skills Academy, which was first licensed in May 2002, is accused of failing to follow at least three routine licensing rules, Stettler said.
Among the violations are:
Failure to schedule more than one counselor per shift when state law clearly requires two counselors.
Failure to obtain criminal background checks for employees, including Ah Quin, who failed to renew his own background screening, which is required on a yearly basis.
Failure to obtain an agreement with Delaware to accept Jesse Simmons in the Utah-based program, which is a violation of the National Interstate Compact Laws, Stettler said.
Simmons and Graham, who are from Delaware and Maryland, waived extradition during a hearing in Las Vegas on Friday. Cedar City Police Lt. David Holm said the youths would be returned to southern Utah as soon as paperwork is completed for their transfer to Iron County.
A written revocation announcement was hand delivered to Maximum Life Skills Academy on Friday, four days after the fatal beating of Arnett. Facility owners have until March 26 to file a written notice of appeal with the state.
If an appeal is filed, Ah Quin would be able to continue operating the facility on a limited basis until an administrative hearing is held on the matter, Stettler said. If an appeal is not filed, the facility's license would be immediately revoked.
Arnett's mother, Parowan resident Cheryl Fansler, said the loss of her son has been difficult. Any talk of filing a wrongful death suit against Maximum Life Skills Academy, where her son had worked for less than six months, is premature, she stressed.
"We are still grieving our loss. As well as I knew my son, and I think I knew him very well, I was amazed at the number of lives he touched," Fansler said of the community support she has received since Arnett died. "He was a very quiet, private person. It's wonderful to know he will be missed by so many."
A celebration of Arnett's life was held over the weekend. Fansler said her son wanted his body cremated, so she is working on honoring that wish.
E-mail: nperkins@infowest.com