Back behind bars: the man whose brutal sexual attack on an elderly Alzheimer’s patient helped spur the shutdown of Miami-Dade’s most troubled assisted living facility.
Darryl McGee had been on probation but was re-arrested after Miami police said he hurled a full beer can at a woman, then slapped her while at an Overtown park.
The 40-year-old McGee, who suffers from chronic mental disability, faces up to life in prison if a judge rules he violated his probation.
But a new sentence won’t be meted out anytime soon — a Miami-Dade judge on Wednesday ruled that McGee is mentally incompetent to proceed to trial. He’ll be sent to a locked-down state hospital for treatment.
McGee’s attack on an elderly woman in December 2007 spurred a state probe into woes at the Munné Center, which became the county’s most-fined assisted living facility and a symbol of Florida’s struggles to shutter the troubled homes.
Conditions in the center where also featured in the Miami Herald’s 2011 series Neglected to Death, which chronicled woes regulating Florida’s assisted living facilities.
That year, regulators discovered Munné residents with mental illness wandering away, including one found in a ditch and bitten by so many ants that the resident had to be hospitalized. At least two others were left languishing with deep and oozing pressure sores and others were found in filthy rooms and sweltering temperatures.
In September 2011 the Munné Center surrendered its license.
McGee had been in and out of assisted living facilities in Tennessee and Louisiana, all the while racking up minor arrests. In 2007, he was housed with Alzheimer’s patients at Munné even though he had been diagnosed with bipolar disorder and psychosis.
During his four-month stay, a state investigation found, McGee repeatedly beat up elderly patients and came and went from the home, sometimes returning drunk. Finally in December 2007, police said, he was found naked inside the bedroom of a 71-year-old woman suffering from Alzheimer’s.
“All I wanted was some [sex],” he told police. Miami-Dade detectives said McGee savagely raped the woman.
Soon after his arrest, his mother told the Miami Herald that McGee and other residents were not properly supervised.
“There are two victims. Darryl is a victim,” Coleman said.
His case lingered in the courts for years. Mentally incompetent to stand trial, McGee was in and out of a state hospital. Finally, in August 2013, a judge declared him fit to stand trial.
One month later, Miami-Dade prosecutors dropped the sexual battery charge and he was found guilty of kidnapping and battery on the elderly.
Circuit Judge Maria Elena Verde granted McGee a withhold of adjudication, meaning no conviction appears on his record.
But in October, a woman alleged that McGee tried to touch her at an Overtown Park. After she walked away, he hit her in the ear with the beer can, then slapped her in the face.
McGee was charged with misdemeanor simple battery and jailed for violating his probation. On Wednesday, lawyers in court said a doctor had evaluated him and found him unable to understand the proceedings, or help his lawyers in his defense.
McGee refused to cooperate with a second doctor. Judge Verde deemed him incompetent to proceed.