Published: March 21, 2008 08:56 am      

Kirk arrested for burglary, willful injury of Community Care resident

CHARLOTTE — A Community Care Inc. resident has been arrested following an assault at the facility in November.

Char-les D. Kirk, 38, was arrested by Clinton County sher-iff’s deputies on March 14 and is charged with first-degree burglary and willful injury. According to an affidavit filed March 13 in Clinton County District Court by Deputy Jessup Schroeder, deputies were dispatched to Community Care Inc., 1611 330th Ave. in Charlotte, at 12:47 p.m. on Nov. 5, for a report of a patient who had been assaulted and was unresponsive. Deputies learned the victim, Jeremy Vanous, 33, had been found lying on the floor of his room with severe head injuries. Several staff members identified Kirk as the assailant.

Vanous was taken by Genesis Ambulance to the Genesis Medical Center in DeWitt emergency room and later was airlifted to the University of Iowa Hospitals and Clinics in Iowa City. The affidavit states Vanous was in a coma for a portion of his stay at UIHC and he remained at the center for treatment of his injuries until Nov. 23. Vanous currently resides at a skilled nursing facility in Waterloo. Court documents say Vanous requires the use of a wheelchair and walker to get around since the assault.

In the affidavit, Schroeder states Kirk was found in possession of a photo album and eyeglasses that belonged to other patients of the facility.

Schroeder and Sgt. Steve Cundiff executed a search warrant on Nov. 7 and seized clothing Kirk had been wearing. The items were sent to the Department of Criminal Investigations Laboratory in Ankeny for investigation. A swab from Kirk’s right pinky finger also was collected after deputies observed reddish fluid believed to be blood. Schroeder wrote the results returned on Feb. 6 and indicated the presence of blood matching Vanous’ DNA profile on the T-shirt, pants and left shoe Kirk was wearing.

On March 7, Schroeder and DCI Agent Matt George interviewed a Mental Health Institute employee who reported Kirk allegedly stated deputies had collected his DNA because he had “beaten someone up real bad with a shoe.” In interviewing Kirk at the facility on the same day, Kirk requested an attorney before answering questions.

Kirk’s current address is listed as the Independence Mental Health Institute, a state psychiatric hospital in Independence. A preliminary hearing for Kirk has been scheduled for Tuesday at 9 a.m.