Successful Prosecutions: What Sentences Are They Getting?

Sweetheart scammer: 6 years in prison, no more work as caregiver

Brevard County, Florida A woman who would move in with older men, isolate them from family members, and clean out their accounts when they entered a hospital or nursing home, was convicted of two counts of exploitation of the elderly or disabled and sentenced to six years in prison and ordered never to work as a caregiver again. The verdict pleasantly surprised one family who helped with the prosecution; they had been warned probation only was a more likely outcome. (Source: Email to the national elder abuse listserve, May 20, 2003)

Unlicensed contractor swindles: 2 felony strikes and restitution

San Diego, California A man who promised home remodeling or repair work that was never completed ended up pleading guilty to six felony counts, including theft from an elder. This gives him “two strikes” in a state that can sentence him to 25 years to life behind bars should he be convicted of a third felony. He is on probation for five years and was ordered to pay restitution of $25,190. (Source: Email to the national elder abuse listserve, May 21, 2003)

Embezzlement from elder: Nine months in jail, restitution, and probation

Dixon, California An 88-year-old woman became a ward of the state after her 56-year-old caretaker stole over $41,000 from her. The caretaker had been taking and cashing blank checks over a period of two years. She was convicted of one count of felony embezzlement and was sentenced to nine months in jail, with five years on probation, during which she is prohibited from serving as a caregiver or guardian for any elder. She was also ordered to pay $27,000 in restitution. (Source: The California Aggie, www.californiaaggie.com, May 22, 2003)

Sexual assault of a vulnerable adult: Three years’ probation, sex offender registry

Leominster, Massachusetts A 67-year-old man was accused of a series of sexual acts with a 50-year-old mentally disabled woman he knew. The original charge of rape of the woman was dropped when the man pleaded guilty to three counts of indecent assault. The judge sentenced the man to three years’ probation. He was also ordered not to have contact with the victim, submit a DNA sample, and enter himself into the sex offender registry. (Source: Sentinel & Enterprise, www.sentinelandenterprise.com, May 23, 2003)

Theft from vulnerable adult: 120 days in jail, two years’ probation, restitution

Painesville, Ohio A disability activist had a $150 check and her house key stolen by an in-home nurse’s aide. The aide was ordered to repay the money and pay for new locks on the woman’s home, and was sentenced to 120 days in jail. She will also be on probation for two years. (Source: The Plain Dealer, www.cleveland.com, May 24, 2003)

Rape of mentally handicapped woman: Seven years in jail

Lewes, Delaware A former judge whom a 35-year-old woman with Down Syndrome viewed as a “father figure” was sentenced to an “unusually long” 7 years in prison, followed by an 8-year probation that, if failed, could result in an additional 13 years behind bars. The assaults took place over more than two years. The judge had even participated in family discussions about changes in the woman’s behavior that began after the assaults started. (Source: Delaware Coast Press, www.delmarvanow.com, May 28, 2003)

Leaving mom covered in feces on floor for days: Probation

Naperville, Illinois After pleading guilty to criminal neglect of an elderly person, a 41-year-old son received probation and was ordered to undergo counseling and submit to DNA testing. The mother was found after she called a senior citizen facility and said she’d been on the floor for days. The condominium was filthy and had no running water or edible food. The 75-year-old woman suffered from diabetes, obesity, a bad back, and other health problems and could not move. She was also covered with open bed sores and her own urine and feces. The defense attorney said that the woman had pleaded with her son not to call for help until she had supplemental insurance coverage, and the mother planned to testify on her son’s behalf. (Source: Daily Herald, www.dailyherald.com, May 28, 2003)

Brain injury, death of nursing home resident: $2 million

Linden, Texas The victim, a 92-year-old retired teacher, died as a result of a parking lot incident in which her wheelchair got away from the nurse when the nurse, alone, tried to attend to another client she was simultaneously transporting. Her attorney said the resident had fallen 15 previous times in the nine months prior to the incident. The $2 million verdict the jury awarded was split 25% from the nursing home, and 75% from the parent company. (Source: Texarkana Gazette, www.texarkanagazette.com, June 8, 2003)

Neglect death of mother: Probation

White Plains, New York A former Westchester prosecutor was spared prison in the death by neglect of his 79-year-old mother, whom he had locked “in squalor” in a bedroom. Paramedics found her wandering near the home; investigating police said “even seasoned detectives were overwhelmed by the stench of feces and decay they found in the room where [the mother] was kept.” She died of pneumonia brought on by “a massive infection of bedsores.” Calling the prosecution “overzealous” and saying the former prosecutor had not intended to harm his mother, the judge gave him five years’ probation for second-degree manslaughter. (Source: The Journal News, www.nyjournalnews.com, June 13, 2003)

Rape of group home client: 40 years in prison

Marion County, Indiana A group home worker fathered a child with a 27-year-old resident of the home, who has cerebral palsy and has trouble speaking. He claims the sex was consensual; the rape was not discovered until six months into the pregnancy, when the woman complained of stomach pains. While giving the maximum penalty for two counts of rape, the judge said, “if this case isn’t the worst-of-worst, I don’t know what is.” (Source: Indy Star, www.indystar.com, June 18 and June 19, 2003)

“Travelers” group targeting elderly and mentally disabled: 25 years to life imprisonment

Louisville, Kentucky An eight-member group of traveling home improvement scam artists that “exclusively targeted elderly and mentally disabled people” pled guilty to engaging in organized crime, several counts of knowing exploitation of disabled adults, and several felony theft counts. The leader faces “25 years to life imprisonment, depending upon his cooperation with authorities concerning crimes committed nationwide by this group.” (Source: Email to the national elder abuse listserve, June 19, 2003)
To talk to a prosecutor involved in this case, contact:
F. Todd Lewis
Assistant Commonwealth’s Attorney
Commonwealth Attorney’s Office
514 W. Liberty Street
Louisville, Kentucky 40202
(502) 595-2300

Murder of elder employer: Jury recommends life without parole

San Diego, California A transient who had been employed by an elder to do yard work for her most likely killed her (multiple stab wounds, including in her vagina) when she caught him stealing her jewelry. Although he was eligible for the death penalty because it was a murder committed during the course of a burglary and a robbery, the jury recommended life without parole. (Source: Email to the national elder abuse listserve, July 2003; San Diego Union-Tribune, www.signonsandiego.com, June 25, 2003)

Physical abuse: 18 months in prison, all but 30 days suspended

Artesia, New Mexico A former nursing home employee pleaded no contest to abuse of a nursing home resident and was sentenced to 18 months in prison, with all but 30 days suspended. Although the article says the aide admitted “pinching the face” of the 94-year-old resident, the criminal complaint says police were told the woman had been “battered about the face and treated for bruises, broken skin and bleeding.” (Source: The New Mexico Channel, www.thenewmexicochannel.com, June 28, 2003)

Nursing home drowning: $50,000 fine

Carbondale, Illinois A 37-year-old developmentally disabled woman drowned in her bath after being left unattended at the facility at which she lived. The resident had seizures and was supposed to always wear a protective helmet, except during supervised baths. The attendant claimed he was out of the room for less than 90 seconds, although the coroner estimated the resident was underwater about five minutes. The Illinois Department of Public Health fined the facility $50,000 for failure to provide proper nursing care and adequate supervision to prevent a death. (Source: The Southern Illinoisan, www.southernillinoisan.com, July 1, 2003)

Beating death of father: Six years in prison

Lancaster, California A man who pleaded no contest to a voluntary manslaughter charge for beating his 89-year-old father to death was sentenced to six years in prison. The man was already serving a three-year sentence for elder abuse for the beating, but was charged with murder when his father later died. The son must serve 85% of his sentence before he is eligible for parole. (Source: Los Angeles Daily News, www.dailynews.com, July 1, 2003)

Systemic failure to provide care: $1 million fine and loss of right to own

Schenectady, New York Hallmark Nursing Centre pleaded guilty to not having enough staff at its nursing home to provide appropriate care during 2000 and 2001, and admitted to falsifying records to hide the truth that medical assessments were performed by unqualified staff. As part of its plea agreement with the attorney general’s office, the owners agreed to pay $1 million in restitution to the Medicaid program and give up ownership of all eight of their New York nursing homes. (Source: The Times Union, www.timesunion.com, July 1, 2003)

Financial exploitation of ward: Six months in jail and restitution

Cape May, New Jersey A 32-year supervisor with the county Board of Social Services, who was serving as the guardian of at least six people from whom he allegedly stole money, pleaded guilty to one charge of theft by deception, for which he was sentenced to six months in jail and ordered to pay $74,999 in restitution. (Source: www.pressofatlanticcity.com, July 2, 2003)

State hospital death from beating by co-resident: $25,000 fine

Pomona, California The assailant whose beating lead to the death of the 31-year-old resident at a state hospital treating the developmentally disabled was never identified. However, the state health department noted that, “More than a dozen incidents of injury to the resident were documented as a result of his aggressive behavior and retaliation from peers” over the previous six-month period, and imposed on the facility an “AA” citation, the most severe possible under state law, along with a $25,000 fine. (Source: The Mercury News, www.bayarea.com, July 2, 2003)

Theft from nursing home resident: 5 years, 8 months in prison

Burney, California A nursing home employee who had two prior felony convictions for grand theft and drug possession -- she was working while her employer awaited a Department of Justice background check -- stole an antique diamond engagement ring from a legally blind 96-year-old resident. The woman pleaded guilty to felony elder abuse, robbery, and drug possession, and was sentenced to nearly six years in state prison. She must serve at least 85% of the sentence before she is eligible for parole. (Source: The Record Searchlight, www.redding.com, July 10, 2003)

Assisted living scalding death: $10,000 fine

Charlotte, South Carolina An assisted-living facility was fined the maximum $10,000 for negligence in the bathtub scalding death of a 66-year-old resident. This was the second death from injuries sustained at the facility in three years; in 1999, the facility was fined $5,000 for verbal and physical abuse of a resident. A governor-appointed advocacy group has called for the facility’s closure, but the Department of Social Services opposes that action. The Charlotte Observer reported that DSS wants to keep the facility open because it is the only place that serves younger adults with mental illness and quoted the DSS administrator as saying, “We have young mentally ill adults there and their options for residential placement are not what they need to be.” (Source: The Charlotte Observer, www.charlotte.com/, July 11, 2003)

Failure to investigate sexual abuse allegations: $250,000 fine

Arnold, Missouri A nursing home accused of not properly investigating multiple sexual and physical abuse allegations against an employee was fined $5,050 per day. State health inspectors say if the initial allegations were properly handled, additional incidents of sexual and physical assault would have been prevented. The daily fine totals $250,000. (Source: St. Louis Today, www.stltoday.com, July 13, 2003)

Abandonment: Pretrial intervention

Port St. Joe, Florida A physician avoided a jury trial and kept his license to practice medicine by agreeing to a six-month pretrial intervention; if he doesn’t break the law during that time, the felony charge will be dropped. The physician had been charged with abandoning a 60-year-old apparent stroke victim at a rescue mission. The doctor had been unable to find a facility to take the victim, who had shown violent behavior. (Source: The Herald Tribune, www.heraldtribune.com, July 15, 2003)

Physical attack and verbal harassment: Probation and order to live at board and care facility

Carlsbad, California A mentally ill transient who pleaded guilty to attacking an elderly woman and harassing an elderly man on a beach was sentenced to eight years in prison. The order, however, was stayed provided the man comply with all rules of his probation, including living at a board and care facility where he is supposed to receive treatment. (Source: San Diego Union-Tribune, www.signonsandiego.com, July 15, 2003)