No criminal charges filed in homicide of resident

The May 4 death of a local nursing home patient has been ruled a homicide.  However, no criminal charges will be filed in the case.   Elsie Powell is suspected of pushing Edna Shaw to the floor at Encore Senior Village on University Parkway. Shaw hit her head on the floor.  Both were residents at a nursing home.   The Medical Examiners Office ruled that the blunt impact to Shaw’s head contributed to her death and ruled the death a homicide, the report said.

Powell’s condition has continued to deteriorate, Assistant State Attorney David Rimmer wrote in the report.   “It is doubtful that she was even mentally competent when the incident occurred,” Rimmer wrote. “Therefore, in my opinion, no criminal charge should be filed against her for the unfortunate death of Miss Edna Shaw.”
 

Another assault at a nursing home.

ABC News, the Denver Channel, had an article about a nursing home employee beating a sick and vulnerable resident of a nursing home.  This story disgusts me.  I hope they throw the book at this guy.  I hope he will never be able to work in the health care industry again. This kind of assault happens far too frequently and typically gets covered up by the nursing home or regulatory agencies.

The article mentions thar Kalen Randolph was arrested for nearly beating to death an elderly patient in his care. He physically assaulted a 74-year-old stroke victim at Ashley Manor.   "He struck him repeatedly. Turns out, he had serious bodily injury, according to one doctor. (Randolph) also then fled the scene leaving eight of these elderly patients at the home without supervision," said Aurora Police spokesman Detective Bob Friel.

Because of a 911 hangup call, police responded quickly to the attack at 3:40 a.m., but Randolph was not in the area.   "We know that he ended up meeting with a girlfriend and having sex in her car. And that's what he was doing at the time when these elderly patients were left in the home," said Friel.

Randolph, a certified nurse's assistant, is charged with eight counts of neglect and one count of second-degree assault.  Ashley Manor is a small facility for Alzheimer's and brain injury patients. It has only nine patients.

Where was his supervisor?  Was he the only person working on third shift?  The nursing home should be held accountable for the actions of their employees.

Another nursing home employee caught molesting residents

Deseret News had an article about the sentencing of a nursing home employee who molested an 85 year old resident where he was employed.  This is a tragic and preventable situation. Why didn't anyone supervise this CNA?  How could they have hired this guy?  Why did they allow him to plea to a lesser crime? How could they give him such a light sentence?

Jacob Mut Bolith was charged in July 2007 with first-degree felony rape, second-degree felony forcible sex abuse and class A misdemeanor lewdness. However, in a plea agreement, he pleaded guilty to forcible sex abuse, a second-degree felony, and the other two charges were dropped.  He was only sentenced to serve a one-to-15-year sentence and ordered him to pay restitution.

"To do this to my mother ... is unconscionable," one daughter said. Her other daughter said a medical exam showed that the defendant did more than "what he admitted."

The article doesn't mention if the facility knew or should have known about their employee's tendencies or if they did a background check or if they recieved prior complaints about his behavior or if the State even investigated the nursing home.


 

Abused resident dies before grand jury could indict

The Fort Worth Star Telegram had an article about a tragic situation where an abused resident died before the grand jury was able to indict his tormentor. 

Elaine Doores, a retired biology professor diagnosed two years earlier with Alzheimer’s, struggled to find the right words to describe the abuse she survived.   "He has hurt me a lot. Every time he bathes me. He puts things in me.  . . . He had sex with me more than once. It’s all the time in the bath."

The 68-year-old woman’s statement led to the arrest of Donald Gene Shelby, a certified nursing assistant at the James L. West Alzheimer’s Center where Doores had been living.

Her daughter says the district attorney’s office stalled in handling the case.  "They sat on it while the victim got worse," Pitt said. "That’s the disservice they did to my mom and my family."

She believes that prosecutors dealing with victims who have dementia or Alzheimer’s should try to present the case to a grand jury without delay.

Elaine Doores was placed in a nursing home Jan. 23, 2007, two years after being diagnosed with Alzheimer’s.  Pitt said Doores had difficulty speaking and performing motor skills but recognized relatives.

Pitt said that on Feb. 18, Shelby told her that her mother was upset the day before because the pajamas that she wanted to wear were dirty. Pitt said she was puzzled because her mother had never seemed to care what she wore.  Later, during the same visit, Pitt said that when she suggested getting "Donald" to help Doores go to the bathroom, her mother became agitated. When questioned, Doores told her daughter that Shelby was "bad" and had done something "wrong."

Pitt said she sought the help of a floor nurse, who asked Doores whether Shelby had touched her. Doores answered, "Yes." When the nurse asked where, Doores replied, "Everywhere," Pitt said.

Pitt went home and told her husband, Deven Pitt, a Fort Worth police detective. At his suggestion, the two contacted Detective S.L. Schloeman, the on-duty investigator with the sex crimes unit, and filed a police report.

Afterward, Doores provided a statement to Schloeman, a copy of which Pitt gave to the Star-Telegram. Doores described Shelby as "scary" and said she was afraid of him. She said he made threats and told her not to tell anyone what he had done.

Schloeman, now a sergeant in patrol, said that to determine Doores’ mental state, she had asked Doores questions, including some about her daughter’s birth date, the current year and where she lived. Doores answered every question correctly, Schloeman said.

"She displayed symptoms of having just a minor case of Alzheimer’s," Schloeman said. "She was able to give me a clear, concise description of what had happened to her. She was able to identify the suspect in a photo spread and identify him by first name."

On March 2, 2007, Schloeman obtained an arrest warrant for Shelby on suspicion of aggravated sexual assault. The next day, Shelby surrendered at the Tarrant County Jail and was released after posting $50,000 bail.

Tarrant County court records show that Shelby was indicted in March 1987 on a charge of indecency/fondling. The state dismissed that case in January 1988 after the accuser, a male minor, committed suicide. 

How could he get a job at a nursing home when he had been arrested for abusing a vulnerable person?  Did the nursing home do a criminal background check?

 

 

 

Resident beaten to death

The Chicago Sun times had a sad article about an elderly resident beaten to death at a nurisng home.  The nursing home hasn't explained how it happened or who assaulted the man.  Instead they are trying to blame the victim by stating he had "prior altercations" in an "other nursing home."  So?  What does that have to do with preventing him from getting assaulted at your nursing home?  The autopsy showed he was beaten to death and it was ruled a homicide.

The nursing home had a history of negligence and state-mandated fines .

The nursing home's attorney said: “He was only in [the Renaissance] facility for four or five days before he expired,” Meehan said. “He had an altercation of some kind at a previous nursing home.”

Expired?  He was beaten to death.  Why is the attorney making statement sinstead of the Administrator or Director of Nursing?

Meehan said she did not know who assaulted Jackson at the Giles Avenue nursing home.


Another sexual assault at a nursing home

CBS affiliate KDKA in Pittsburgh had an article about another sexual assault at a nursing home facility.  Do they even bother to do background checks or supervise their employees?

A nursing home employee is facing charges after he allegedly sexually assauted a patient who uses a motorized wheelchair.  Allegheny County Police have charged Marc Lane, 37, of Kittaning, with involuntary deviate sexual intercourse, two counts of indecent assault, indecent exposure and criminal attempt.

The 65-year-old male victim who suffers from Parkinsons Disease said in a police report that Lane came into his room at the Consulate Health Care facility on Saxonburg Boulevard in Indiana Township between April 11 and April 25 and drew the curtain for privacy.

Lane allegedly told the patient he would treat a skin condition, but that in fact led to a sex act. The victim is refered to as "John Doe" in the affidavit.

"Lane then asked Doe if he had ever been with a man," according to the affidavit. The resident told police he resisted the advances but that led to another sex act until a nurse walked into the room.

After a mini mental status exam, the victim scored 28 out of 30. Police determined the victim is of sound mind.

Sexual assault at nursing home

The Moultrie Observer reported a story about another nursing home employee who sexually assaulted a resident.  How can this happen if a criminal background check was done and RNs are properly supervising the staff?

Charles David Cone, 47, of 321 12th Ave. N.W. in Cairo, was charged with sodomy and sexual battery.   An employee at the Woodlands at Cobblestone on Cobblestone Trace reported Feb. 27 that Cone allegedly touched a 92-year-old male patient inappropriately. The patient stated there were two separate incidents, one on Feb. 25 and the other the next day.

According to a warrant for Cone’s arrest, he is accused of putting the patient’s penis in his mouth on Feb. 26. Cone allegedly fondled the patient’s genitals on Feb, 25,

Executive Director Joann Sloan said Cone was terminated from his job at Woodlands immediately after the alleged incident was reported.  “Our standard of practice and our goal is to provide a safe environment for our patients,” Sloan said.

Texas manager threatened resident with a hammer

Texas Attorney General Greg Abbott has filed a lawsuit against a Fort Worth assisted living center, claiming its manager threatened residents with a hammer, withheld food and locked some of them out of the building at night.  See full article here.

Abbott says the alleged abuse took place at the Oasis Village assisted living facility, located in Fort Worth's Polytechnic neighborhood. A district judge issued a temporary injunction against the owner of the facility, God's Intercessory Prayer Warriors Ministries, Inc., and its manager, Bertha McCoy.

According to state inspectors from the Department of Aging and Disability Services, at least five residents at the facility have complained that McCoy abused them. Some residents said she took the mattresses from their beds and forced them to sleep on metal bed frames, as punishment for soiling their sheets. They also said she locked them out of the building overnight. State inspectors also found evidence that McCoy hit several residents and threatened some with a hammer.

Inspectors reportedly found a hammer in McCoy's office during a recent visit.

The state has filed suit against Oasis Village with the facility facing a punishment of up to $10,000 per penalty.   All of the residents at the facility have been relocated.

Sexual molestation at nursing home

Dothan, Alabama police have arrested a 68-year-old man and charged him with molesting a woman at the nursing home where he lived last month. See full article here.

Aaron Howell is a convicted sex offender.  Howell violated the state community notification act when he moved into Westside Terrace Health and Rehabilitation Center on Nov. 30.  During the month of December he sexually abused an adult female employee there.

The violation to the state community notification act was discovered after an employee at the rehabilitation center viewed the sex offender Web site.  Thursday, Dothan police investigators charged Howell with felony first-degree sex abuse, and two felony violations of the community notification act.

Howell faces the new sexual assault charges nearly 15 years after he was convicted of molesting a 6-year-old girl in February 1993. Howell pleaded guilty in 1993 to first-degree sex abuse after Houston County investigators charged him when he lived in Cottonwood. 



Another sexual assault at a nursing home

In Moundsville, W.V.a.,  Police said a mentally handicapped woman was sexually assaulted inside a Moundsville nursing home. The suspect is Roy Reed Sheldon, 22, who was placed into a cruiser and headed to jail after his arraignment Wednesday afternoon. 

He sexually assaulted a 57-year-old mentally handicapped woman who was a resident of Dora Allietta Memorial Home on Eighth Street.   Police got a call over the weekend from an employee after the victim said Sheldon raped her.

A blanket covers the sign at the nursing home -- and it turns out Sheldon is no stranger to the place. Police said he lives on the top floor and his wife manages the home. Sheldon's wife no longer works there.

Sheldon is facing sexual assault, sexual abuse, and indecent exposure charges. Police said he gave a confession, but denies having intercourse with the woman.

Sexual assault of resident

Here is a disturbing article about a common problem in nursing home facilities.  A Berea man was arrested Monday on charges that he sexually assaulted a woman in a local nursing home.

Matthew Bryant, 25, of Old Walleceton Road, allegedly entered the Berea Health Care Center on Richmond Road in Berea. Police still aren’t sure how Bryant gained access to the building at that time of the morning.  Why weren't the doors locked? Where was the supervision?

Basically what happened is that the employees of the nursing home heard a patient scream.  When they went to where the patient screamed, they observed a white male run out of the room and run out a door.

The police department had received a call about an hour and a half earlier about a man matching Bryant’s description “peeping in windows” at another nursing home. Somebody there identified the man as Bryant.  A supervisor did a photo line up and took it back to the nursing home and they identified Bryant in that.

 

Suit filed against rapist and facility

I read an article this weekend about a resident who was physically and sexually assaulted by the groundskeeper for a nursing home facility.  The family of an Alzheimer's resident who was sexually assaulted by former Bedminster supervisor Robert Holland has sued him and the woman's nursing home for civil damages.

The late Helen Priester was 92 and in a wheelchair when Holland, a groundskeeper at Pine Run Community in Doylestown Township, was caught with her in her room.

“We want to collect fair compensation for the injuries and damages Helen Priester suffered, but we also want to make sure that this doesn't happen again,” said attorney Edward Shensky.

Holland, a Bedminster supervisor for 15 years, was sentenced in March to two to four years in prison for aggravated indecent assault, institutional sexual assault and related charges. Though he pleaded guilty, Holland maintained that Priester initiated the sexual contact and consented to the acts.

The suit says Holland was discovered May 5, 2006, by a Pine Run employee who noticed Priester's door was closed.   The employee opened the door and found Holland assaulting Priester. The worker yelled at Holland to stop and went to get security when he would not.

When they returned, the door was again shut and Holland was continuing the assault.
Holland, who used a service entrance to come into the nursing home, admitted to assaulting Priester for at least three years, the suit said.
Shensky said the nursing home should have done more to restrict access to vulnerable patients.

Sentence for rapist of nursing home resident

A former nursing aide who admitted raping and impregnating a profoundly disabled and defenseless woman at a Bloomingdale nursing home three years ago was sentenced Wednesday to 25 years in prison.

Reynaldo Brucal Jr., 20, pleaded guilty in November to aggravated criminal sexual assault of the then-23-year-old woman, who has cerebral palsy, is brain-damaged and has the mental capacity of a 3-year-old. She was in his care at Alden Village Health Facility for Children and Young Adults when the attack occurred in 2004.

Brucal, who is not a U.S. citizen, has been in DuPage County Jail since his 2005 arrest. 
After serving his sentence, he will be deported to his native Philippines.

Staff at the nursing home, where the victim and her twin sister had lived for 13 years, discovered she was expecting in June 2005 when she was more than 28 weeks' pregnant. A baby girl was delivered by Caesarean section in July 2005.

The twins, who cannot speak or function independently, have been moved to another area nursing facility, and their family has filed a civil lawsuit against Alden that is pending.

The facility also has been fined $10,000 by the Illinois Department of Public Health for lack of oversight and mishandling of the investigation.

According to the probation department's pre-sentencing report, Brucal admitted assaulting the woman because he was "bored."

But Brucal, who began working at Alden in September 2004 and was 17 at the time of the attack, "didn't believe he did anything wrong," Berlin said.

Initially, Brucal denied sexual contact but was arrested in November 2005 after admitting such contact, claiming a latex glove he used as a condom had failed.

See article here

New nursing home blog with great information

Protecting Loved Ones from Nursing Home Abuse

Solomon & Relihan's Phoenix based law firm has recently launched NursingHomeAdvocates.com. NursingHomeAdvocates.com is a resource portal designed to assist both family members of nursing home residents, and the patients themselves, who suspect neglect, malpractice, or abuse.

In the United States alone, nursing home malpractice has become a significant problem with growing numbers. Investigations done by the US Government have shown that approximately 30% of nursing home facilities in the US have neglected or abused their patients, resulting in significant harm. Studies also show that nursing home malpractice has resulted in over 4,000 deaths due to malnutrition, dehydration, and bedsores.

Check out the website.



See article here

What to do with elderly convicts who need skilled care?

I saw this article about a nursing home resident with dementia who killed his roommate and thought "how could this happen?" but then I read an article where a murder suspect was moved to a nursing home.  The suspect was charged in connection with a quadruple homicide. See story here

With the graying of the population and the incarceration of so many citizens on Medicaid, nursing homes will need to adapt at receiving dangerous criminals into facilities. This may lead to violence and tragedy in many nursing homes.

On a related note, there have also been issues with registered sex offenders becoming residents of nursing homes.  More often than not, neither family members nor residents are aware that this is occurring.  We found a website recently that family members and residents can use to search by facility, city or state to see which nursing homes sex offenders are currently living in, and I thought that was a great thing to have - for more information, click here.


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