Successful Prosecutions: What Sentences Are They Getting?

Bogus home health contracts:  7 years in prison

San Diego, California   A man who sold bogus home health care contracts to elders but who ran no such business was found guilty of 15 counts of residential burglary and 13 counts of financial elder abuse.  He was sentenced to 7 years in prison.  (Source:  E-mails to the national elder abuse listserve and AAR, January 17, 2003 and April 8, 2003, respectively; article in San Diego Union Tribune, www.signonsandiego.com, January 7, 2003.)

To talk to a prosecutor involved in this case, contact:
Paul Greenwood
Deputy District Attorney, Head of Elder Abuse Prosecution Unit
San Diego DA's Office
Suite 1220, 330 West Broadway
San Diego, California 92101
619-531-3464
paul.greenwood@sdcda.org

Theft from relative: Restitution and gambling addiction program

Jefferson County, Kentucky   A woman stole (and lost gambling) $89,650 from her husband's uncle, an 80-year-old Catholic priest.  Among her charges were reckless exploitation of an adult by a caregiver and misappropriation of entrusted property.  She was given two months to repay the funds and ordered to undergo a professional evaluation and successfully complete a gambling addiction program.  (Source: The Courier-Journal, www.courier-journal.com, January 14, 2003)

Fifteen counts of abuse and neglect of residents:  15 years' probation and community service for owner; Battery of resident:  24 months' probation, $1,000 fine for employee

Lawrenceville, Georgia  The former owner of an "elderly care home" pled guilty to 15 counts of abuse and neglect of several residents from 1998 to 2000.  She was sentenced to 15 years' probation and 500 hours of community service, and is forbidden employment or a volunteer position at any home caring for elders.  An employee pled guilty to simple battery and was sentenced to 24 months' probation, a $1,000 fine, and 100 hours of community service.  He is also barred from being employed at nursing facilities.  Four other employees were still awaiting trial.  (Source:  Access North Georgia, www.accessnorthga.com, February 7, 2003)

Punch leading to death:  15 years and restitution

San Diego, California   A transient punched an elderly woman in the face when she and her daughter, standing outside a restaurant in the rain, refused to give him money.  The 84-year-old woman fell into a seat, bleeding, and died at the hospital.  The man, who had a long history of troubles with drugs and the law, said, "I can't really feel for this woman because I don't think it's my fault."  He was sentenced to 15 years to life in prison, and ordered to pay $15,000 in restitution to the victim's family and a victims' fund.  (Source:  San Diego Union-Tribune, www.signonsandiego.com, February 11, 2003)

Financial exploitation by conservator:  16-1/2 years in state prison, restitution

Palm Springs, California   A conservator pled guilty to 39 felony counts of stealing money from four elderly women he was court-appointed to protect.  In the process of committing his crime, he also deprived the victims of contact with their families.  The judge sentenced the man to 16-1/2 years in prison and ordered restitution to the victims and their heirs of $238,000.  The defense lawyer "suggested that because the victims suffered from dementia and were not fully aware of the crimes against them, 'the harm is not quite as egregious.'"  "That's outrageous," the judge responded.  (Source:  The Press-Enterprise, www.pe.com, February 21, 2003)

Multiple neglect cases:  $1.5 million

Fort Smith, Arkansas   The state of Arkansas settled a case with Beverly Enterprises over cases of neglect at its homes in the state for $1.5 million.  Most of the money is to go to the state's Medicaid Program Trust Fund.  "The settlement does not preclude families or victims from going to court over their particular cases."  (Source: The Hometown Channel, www.thehometownchannel.com, March 4, 2003)

Neglect of residents:  1-year probation and $10,000 fine for institution; four years' probation, $1,000 fine for nurse

Potter Township, Pennsylvania   Two residents of a "personal care home" were found severely dehydrated and malnourished.  One had severe bedsores and had lost more than 30 pounds.  The other had a broken hip and several broken ribs.   The state closed the home shortly thereafter.  The registered nurse who worked at the facility pled guilty to two misdemeanor counts of recklessly endangering patients.  Her nursing license was revoked, and she was placed on probation for four years and fined $1,000.  The owners of the home, a family who owns several homes in the area, pled guilty to two felony counts of neglecting dependent patients and were placed on probation for one year and fined $10,000.  (Source:  NEPA News, www.zwire.com, March 11, 2003)

Failure to get help with scalding:  One year in prison for aide; $10,000 fine for corporation

Milwaukee, Wisconsin  The developmentally disabled resident of a group home who stepped into bath water so hot the aide said "smoke was coming from [it]" didn't get help for her second-degree burns requiring skin grafts until 15 hours later.  The aide who gave the resident the bath -- the resident stepped back into the water even though her feet were blistering -- received one year in prison and two years' extended supervision in the community after prison.  Another judge had, a month earlier, fined the corporation operating the group home $10,000 for the same incident.  (Source: Milwaukee Journal-Sentinel, www.jsonline.com, March 17, 2003)

Repeated beating of befriended elder:  270 days in county jail

Napa, California  A 68-year-old man who had offered a homeless man money and sleeping accommodations in his travel trailer was repeatedly assaulted by him over a three-month period.  Although he initially faced multiple charges, the man pled no contest to felony assault with a deadly weapon likely to produce great bodily harm, and was sentenced to three years' probation and 270 days in the county jail.  He must also pay a $600 fine, attend an anger management program, and stay away from his victim.  (Source:  Napa Valley Register, www.napanews.com, March 21, 2003)

Swindler:  10 years in prison, followed by probation tied to restitution

Jacksonville, Florida   The victim responded to a church bulletin ad and took the defendant into his home as a renter.  The defendant then used his identification and social security number to obtain credit cards and undertake other fraudulent activities.  He was sentenced to 10 years in prison, followed by five years' probation to pay restitution of about $24,000.  (Email to AAR, April 2, 2003)

Fraud of girlfriend's mother:  5 years in prison

Jacksonville, Florida  The boyfriend of the daughter of an 81-year-old moved in with them, then began forging more than 100 checks for an amount in excess of $15,000, all payable to himself.  He was sentenced to five years in prison.  (Email to AAR, April 2, 2003)

Fire ant death:  $1.5 million

Houston, Texas  A nursing home resident died after being bitten more than 2,000 times by fire ants.  The suit alleged that an employee placed the man on a mattress on the floor of the room even after seeing that fire ants were present.  The jury awarded the man's surviving family $1.5 million for the deceased's pain and suffering.  (Source:  Eli Digital, www.snalf.com, April 18, 2003)

Neglect in unlicensed facility:  10 days in jail and five years of probation

Independence, Missouri   Court documents say a 93-year-old victim was kept in "substandard and unsanitary living conditions" and was not provided appropriate dietary and hygiene care while living in the home of a woman.  The woman pled guilty to a felony count of neglect of a resident of a facility and a misdemeanor count of maintaining an unlicensed residential care facility.  She was sentenced to 10 days in jail and 5 years' probation; must submit to random urine tests, complete substance abuse and mental health screenings; and must complete 150 hours of community service.  She is also barred from contact with the victims or running a nursing home.  (St. Louis Today, www.stltoday.com, April 22, 2003)

Neglect of residents:  10 days in county jail, 3 years' probation

Lee's Summit, Kansas   The niece of a resident of a care home filed a number of complaints about the conditions she found her aunt in when she visited -- starving, dirty, in soiled sheets and bed clothes -- but did not get help until she found her aunt (by going through real estate listings) in a second home, where she'd been moved.  That time, DSS inspectors visited and removed all the residents.  The owner admitted to one count of neglect and to operating an unlicensed facility, and was sentenced to 10 days in county jail and three years' probation.  She is also not allowed to care for elders during the term of her probation and must complete 150 hours of community service and 90 days of electronic home detention.  (Source:  The Examiner, www.examiner.net, April 23, 2003)

Death by neglect by brother:  3 years' probation

Tucson, Arizona   A couple locked the mentally disabled brother of one of them in a shed.  When found by investigators, he was bruised, malnourished and severely sunburned; he subsequently died of pneumonia.  The couple was sentenced to three years' probation.  (Source:  KOLD-TV, www.kold.com, April 25, 2003)

Shopping for self rather than resident:  2-year suspended sentence, fine, restitution

Norman, Oklahoma   A certified nurse's aide took a resident shopping, but used the resident's money to buy items for herself.  She pled guilty to financially exploiting a resident and was sentenced to a two-year suspended sentence, a $500 fine, and restitution of $145.24.  (Source: Norman Transcript, http://news.mywebpal.com, April 26, 2003)

Financial exploitation by lawyer: Four years in penitentiary, restitution

Chicago, Illinois  An attorney who represented a 93-year-old male and an 86-year-old female set up trust funds for both, naming himself as the successor trustee.  When both became incompetent, he placed them in nursing homes and proceeded to use all of the victims' funds for his own purposes.  He was sentenced to four years in the penitentiary as well as restitution in the amount of $500,000.  A person involved in the case noted that such a sentence combined with restitution "is an extreme rarity in this state."  (Source:  Email to the national elder abuse listserve, April 28, 2003)

Amputated genitals and death:  $2.2 million

Quincy, Florida   A 62-year-old, partially paralyzed, 13-year resident of a nursing home developed infections and flesh rot so severe that his genitals had to be amputated.  The suit said his care began to deteriorate in 1995, and he "eventually suffered from nearly three dozen bedsores, unexplained burns, malnutrition, dehydration and gangrene of the genitals."   His family settled a wrongful death suit with the facility for $2.2 million.   (Source:  Tallahassee Democrat, www.tallahassee.com, April 29, 2003)

Elder abuse, "hastened death" by relatives:  Two years in prison

San Jose, California  In a case that garnered a lot of media attention because it involved a Stanford doctor and her mother allegedly looting the estate of the doctor's grandmother, the mother entered a plea agreement that sentenced her to two years in prison.  The pair was also accused of serving the grandmother a "lethal cocktail of prescription drugs which hastened her death."  The charges against the doctor were dropped when the plea deal was offered to her mother.   (Sources: several, including the Mercury News, www.bayarea.com, May 2 and 3, 2003)

Financial exploitation of $6 million:  25 years in prison

Deer Lodge, Montana  Two Jehovah's Witnesses church elders were convicted of "the biggest theft in Montana history": taking more than $6 million from a 100-year-old woman.  They were sentenced for conspiracy, theft, and securities fraud, and given a total of 26 years in prison, with 10 years suspended.  They were also ordered to pay $6.5 million in restitution and not control anyone's finances during their probationary period.  (Source: The Independent Record, www.helenair.com, May 14, 2003)

Rape of elder:  10 years in federal prison

Rapid City, South Dakota  A 25-year-old man found through DNA evidence to have raped a 70-year-old woman was sentenced to 151 months in federal prison.  The man was already serving 60 years in a prison in Colorado for rape and murder in an unrelated case; the new sentence is to be served at the end of the Colorado one.  (Source:  Aberdeen News, www.aberdeennews.com, May 14, 2003)