Trio of lawsuits filed against former Salem group home
Three homeowners whose houses were invaded by a Salem group home resident in May 2015 are filing lawsuits against the company that ran the home.
Patricia Anderson, Linda and Stanley Motyl, and Shaun and Joseph Formica Jr., who all live on West Road, filed separate lawsuits against Key Human Services Inc., the company operating the group home formerly located at 296 Witch Meadow Road.
The home was closed last year after concerns from neighbors.
Nicholas Benner, who was 21 at the time of the home invasions, was charged May 2, 2015, with four counts of criminal attempt to commit home invasion, two counts of first-degree criminal mischief, second- and third-degree criminal mischief, interfering with a police officer and assaulting public safety or emergency personnel.
The state decided not to pursue the criminal charges.
According to the complaints filed by attorney Kara Burgarella on behalf of the plaintiffs, Benner had a history of hospitalizations for severe mental and emotional illnesses, including a murder attempt.
He came to the group home in April 2015 after he was arrested in Southbury for smashing a window in a private home with a rock and was admitted to Danbury Hospital for treatment and evaluation.
On the night of May 1, Benner left the group home without his medication after causing a disturbance.
Around 12:50 a.m. May 2, he went to Anderson's home on 655 West Road, smashed her front porch windows with a tree branch and threatened to kill her.
She called 911 and fled on the instruction of the dispatcher, tripping while running to her neighbor's house.
Benner then went to 645 West Road around 1:05 a.m., again smashing windows with a tree branch and threatening to kill the inhabitants.
Linda Motyl hid, and Stanley Motyl temporarily was handcuffed by police after he went through the garage with a rifle to go after Benner.
Around 1:20 a.m., Benner moved on to 631 West Road to smash windows and shout threats. Joseph Formica Jr. instructed his wife, Shaun, to hide while state police apprehended Benner.
The home of William Desandre at 635 West Road also sustained damage by Benner, but Desandre did not file a lawsuit.
As a result of the attempted home invasions, each of the plaintiffs claim they sustained mental and emotional injuries requiring therapy. Anderson, Linda Motyl and Joseph Formica Jr. lost wages due to missing time at work.
Anderson and Stanley Motyl both had to purchase home security systems for their properties, and Anderson and Shaun Formica incurred medical expenses as a result of physical injuries sustained during the invasions.
Burgarella said the lawsuits may later be consolidated, but they were filed separately because each plaintiff has a different story to tell about the event.
In video testimonials, Anderson said she was deeply conflicted about returning to her home after the invasion, and Linda Motyl said she couldn't immediately go back to working as a nurse because she kept thinking of the attack and couldn't care for her patients properly.
An attorney representing Key Human Services Inc. could not immediately be reached for comment.
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