Charges dropped in Elgin fish allergy death

A lack of evidence led prosecutors Thursday to drop felony charges against two Elgin Mental Health Center aides accused of feeding a patient a lethal serving a fish.

Virdia M. Spain, 53, of Belvidere, and Iluminada S. Tuzon, 68, of Elgin, each were charged with abuse of a long-term health care facility resident last month in the death of a 58-year-old patient who was fed fish despite warnings of his severe food allergy.

On Thursday, the Kane County State's Attorney's Office said that although the workers' actions may have been "careless and negligent," it could not prove they acted recklessly.

"To meet such a burden, prosecutors must prove a conscious disregard for (the patient's) safety - that the women intentionally fed (him) fish despite the knowledge that doing so might lead to his death," the office said in a statement. "No such evidence exists."

Howard Morris, formerly of Chicago, went into anaphylactic shock and died June 20 after being served from a tray that authorities say identified his fish allergy.

A coroner's jury in October declared the death reckless homicide, prompting procedural changes at the mental health center, 750 S. State St.