WARSAW, Ky. — A Kentucky state worker who investigators say responded to a school after two young children showed signs of severe physical abuse is now facing criminal charges over his handling of the case.
Alan Zhang, 24, is charged in Gallatin County with second-degree official misconduct, second-degree wanton endangerment, two counts of failure to report child dependency, neglect or abuse and two counts of fourth-degree assault involving complicity, according to court records.
Zhang lives in Boone County and was arrested by the Boone County Sheriff's Office Tuesday on a Gallatin County warrant. Court records show his bond was set at $5,000 cash. He bonded out later that day and is scheduled to appear in Gallatin District Court on Oct. 20.
The charges mark a new development in a case that has already led to the arrests of two people accused of severely abusing girls — ages 6 and 8 — and raised questions about how Kentucky's child protection system responded after their school reported suspected abuse.
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Investigators allege Zhang, a worker with the Department for Community Based Services, or DCBS, saw the children's injuries at Gallatin County Lower Elementary School but ultimately told school officials to send them home.
The girls were allegedly beaten again before law enforcement arrived, according to investigators.
What investigators allege happened at the school
The case began Aug. 28 when school staff contacted DCBS about suspected physical abuse involving the two girls.
According to a criminal complaint filed against Zhang, he arrived at the school roughly 3 1/2 hours later and interviewed both children. Investigators allege Zhang asked a school nurse to photograph each child's injuries and repeatedly asked school staff whether they had contacted law enforcement.
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The complaint says school staff told Zhang more than once that they believed the Cabinet could contact law enforcement if necessary.
As Zhang left the area to speak with his supervisor, Heather Baxter, investigators allege he commented that the children's mother's boyfriend had choked her.
After speaking with Baxter, Zhang allegedly returned to the office and said he "wasn't comfortable with the situation" but instructed school officials to send the children home, according to the complaint.
School officials objected to sending the girls home, and law enforcement was notified, according to court documents. Gallatin County Attorney Grant Axon previously told WCPO the children arrived home roughly 30 minutes before deputies.
Deputies say girls were abused again
According to the new complaint, school officials called the girls' mother twice. During the second call, investigators say Kyle Reynolds — the mother's boyfriend — could be heard screaming and cursing about the situation.
The school then called 911 to request an officer meet with a school representative at the home to ensure the children's safety, court records say.
The complaint says Zhang never called law enforcement himself.
A Gallatin County sheriff's deputy was dispatched to the home after the school requested assistance. Investigators say the deputy contacted Zhang and arranged to meet him there.
Once at the home, another deputy contacted Zhang's supervisor, who allegedly said Zhang had not told her the extent of the girls' injuries, according to the complaint. The supervisor then sent Zhang to the home to supplement or redo his investigation.
The complaint alleges Zhang questioned the girls' mother while avoiding eye contact and rapidly reading questions from a sheet of paper. The deputy who filed the complaint wrote that Zhang's questioning made it "very difficult to understand what he was saying" and alleged Zhang showed "complete disregard for his duty or the integrity of his investigation."
The children's mother and both girls told investigators they were beaten again after returning home from school but before law enforcement and Zhang arrived, according to the complaint.
Deputies ultimately arrested Reynolds.
But even after seeing the girls' injuries and Reynolds' arrest, investigators allege Zhang continued to say the Cabinet would not take custody of the children.
Court documents say Zhang also told an EMS worker at the scene that he "had places to be" and needed to know what was happening so he could leave.
Court records detail dozens of visible injuries
Both girls were taken to Cincinnati Children's Hospital and admitted because of their injuries, according to court documents.
A physical forensic examination documented 32 visible injuries on one child and 23 on the other — and investigators noted that count included only injuries visible while the girls were clothed.
The complaint describes black eyes, busted lips, significant bruising on the girls' faces and heads, strangulation marks around their necks and bruising on the fronts and backs of both arms.
State previously cited confidentiality law
Before Zhang was charged, WCPO repeatedly asked the Kentucky Cabinet for Health and Family Services about allegations that a state worker saw the girls' injuries but directed the school to send them home.
The Cabinet did not directly address those allegations, citing a Kentucky law that restricts the agency from releasing information from child abuse, neglect and dependency investigations.
"Team Kentucky is committed to protecting the health and wellbeing of everyone across the commonwealth and treats any allegation of abuse with the highest level of seriousness and urgency," the Cabinet said in its response to WCPO last week.
WCPO has reached out to the Cabinet again following Zhang's arrest. A spokesperson said they were working on a response.
Two others already charged
Reynolds, 23, and his girlfriend, Phyllis Culp, 29, were previously charged in connection with the alleged abuse.
Reynolds faces charges including attempted murder, first-degree strangulation, first-degree criminal abuse, second-degree assault and endangering the welfare of a minor. Culp faces charges including first-degree criminal abuse, endangering the welfare of a minor, first-degree strangulation and second-degree assault, including charges alleging complicity.
Previous court documents allege the girls had been repeatedly punched, kicked and strangled. Investigators also alleged makeup had been used to conceal some of their injuries before they went to school.
After hearing testimony in the cases against Reynolds and Culp, a judge found probable cause to send both cases to a grand jury. The judge set their bonds at $1 million each.
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