Brick Man With Autism Died After Falling From 3rd-Floor Window, Tort Claim Says

BRICK, NJ — The family of a Brick Township man with autism says he fell to his death from a third-floor window when staff at the day program he attended lost sight of him, in spite of a requirement that he have one-on-one supervision at all times, according to court filings and the family’s attorney.

Justin McCafferty, 22, died April 15 at the Fort Monmouth Day Program in Oceanport, according to the tort claim notice filed Wednesday by Daryl L. Zaslow on behalf of Justin’s parents, Kimberlee and Jeffery McCafferty.

Justin had been attending the Fort Monmouth Day Program, for adults with autism ages 21 or older, for about two years, Zaslow said.

Justin, who was diagnosed with profound autism at a young age, was attending the program on April 15 when the staff at the Fort Monmouth Day Program lost sight of him, despite a requirement that the staff was to have direct line-of-sight supervision and one-on-one care and protection at all times, according to the tort claim, which is a preliminary notice of a lawsuit.

He was able to access a third-floor window or the roof at the facility and fell to the ground outside the building, where he was found by a Good Samaritan, Zaslow said.

The bystander tried to comfort and resuscitate Justin, and emergency medical services and police responded. He was taken to Monmouth Medical Center in Long Branch, where he ultimately died, according to Zaslow and the tort filing.

The incident is under investigation by the Monmouth County Prosecutor’s Office Major Crimes Bureau and Oceanport police, Oceanport Detective Kelly Siegle said in an email to Patch, which said the incident happened in the morning.

Fort Monmouth Day Program representatives did not immediately respond to a request for comment.

The state Department of Human Services, which oversees programs for those with disabilities, issued a statement that said: "The Department is aware of an individual who passed away at a day program on April 15, 2026. We are deeply saddened by this incident, are in contact with law enforcement, and are unable to comment further at this time due to the ongoing investigation."

The program, which operates Mondays through Fridays from 9 a.m.-3 p.m., says it provides “person-centered programs that foster growth, independence, and a strong sense of community,” and “combines facility-based activities with community experiences, emphasizing real-world engagement and inclusion.”

Zaslow called Justin’s death “totally unnecessary and easily preventable.”

"Agents, servants, employees and unnamed staff of Fort Monmouth Day Program ... were reckless and palpably negligent in their care, supervision and protection" of Justin, Zaslow wrote in the tort claim.

Justin was the subject of frequent columns on Patch by his mother, Kimberlee, and his life sparked Kimberlee's advocacy work for those with autism and their families. That included the creation of HomeLife 21, a nonprofit organization "dedicated to ensuring adults with profound autism and intellectual disabilities who require full-time care have access to a loving, supportive home that preserves joy, dignity, and community connection."

Justin was described as “a gentle, radiant soul” and “the master of the good cuddle” in his obituary.

A GoFundMe campaign set up to assist his family with funeral costs and lost income — Kimberlee had been paid to care for Justin by a state program that pays family members to provide care at home — has raised more than $75,000 as of Thursday.

The tort claim says the family is seeking damages of $35 million.