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Can A Dementia Patient Be Charged With Assault

Night Watchman Accused Of Sexually Assaulting Dementia Patient Charged With Another Assault From 2012

Maryland Man Charged With Sexually Assaulting Dementia Patient

MESA, Ariz. Earlier this week, police said they arrested a former night watchman at Heritage Village Adult Care Center, an assisted living facility in Mesa. He is accused of raping an 85-year-old dementia patient.

The same man was charged with another count of sexual assault this one from 2012 while working at a different assisted living facility.

I mean, it seems he was purposely targeting the most vulnerable among us, said Nik Rasheta, Mesa police spokesperson, the sort that would not have the ability to disclose something that happened.

PREVIOUSLY: Security guard accused of sexually assaulting elderly resident at Mesa assisted living center

Mesa police said they had investigated Manuel Corral three previous times for other accusations of assault in the past.

Under questioning, police said Corral confessed to sexually assaulting a 32-year-old stroke patient at another assisted living facility back in 2012.

The initial investigation back in 2012 went nowhere. Mesa police said there was no physical evidence, so no charges were filed.

Heritage Lane Behavioral Assisted Living, a completely separate assisted living facility from Heritage Village, fired Corral because of the allegations.

However, without a criminal record, Corral was able to get other jobs in the industry.

In 2014 Corral would be investigated again, this time for allegedly physically assaulting two male residents at a nursing home. Again, no charges were filed, and Corral was able to get another job.

Fitness To Plead In The Crown Court

There are, however, cases where defendants are not fit to plead and to participate in their criminal trial.

In the Crown Court, the approach is set out in s4 and 4A Criminal Procedure Act 1964. The question of fitness to plead shall be determined as soon as it arises, unless the court is of the opinion that it is expedient to do so and it is in the interests of the accused to postpone consideration of fitness to be tried until any time up to the opening of the case for the defence and ).

A judge must determine if the defendant is fit to plead. This is a determination on the balance of probabilities if the defendant raises the issue, or if they contest it then it is for the prosecution to satisfy the court beyond a reasonable doubt . There must be written or oral evidence by two or more registered medical practitioners, at least one of whom is approved by the Secretary of State, that the defendant is incapable of:

  • understanding the charges
  • exercising the right to challenge jurors
  • instructing solicitors and counsel
  • following the course of the proceedings and/or
  • giving evidence: section 4 and 4A Criminal Procedure Act 1964 as amended and R v John M EWCA Crim 3452, following Pritchard EWHC KB 1)
  • Modifications to the trial process and special measures may be relevant to this assessment .

    a hospital order

    a supervision order or

    an order for his absolute discharge.

    The Liability Of The Nursing Home

    There are many stories of resident altercations that end in personal injury or death. Take for instance the resident-on-resident beating that occurred in Upstate New York in October, 2013. In this case, the nursing home was held liable for the perpetrators actions. The reason is there were previous indications that the two roommates did not get along. They shared a room from July till October when things came to blows. The fight that ended in tragedy started over the curtain that separated their room. During a heated debate, the 70 year-old-man took the leg rest off a wheelchair and beat the other resident to death.

    Why was the nursing home held responsible along with the perpetrator? The nursing home was aware of the constant fighting between the two residents. When the police interviewed others inside the center, they found that these two men had not got along from the beginning. Yet, the nursing home chose to do nothing, and the threat lingered.

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    Attacks By Other Patients

    Our attorneys are here to help you through life’s most difficult chapters.

    We are a highly experienced team of lawyers dedicated to meet and exceed our clients’ expectations. Let our decades of experience litigating against nursing homes, assisted living facilities, insurance companies and hospitals assist you in achieving justice.

    Two Loveland Police Officers Involved In Forceful Arrest Of 73

    Woman with dementia arrested after forgetting to pay for ...

    Family of the 73-year-old woman with dementia who was violently arrested last year by two former Loveland police officers say that day has changed her completely.

    She doesn’t smile, since then, she just is so overwhelmed, said Shannon Steward, Garners daughter-in-law. We’ve talked to her caretakers about PTSD from all of this, and it has truly changed the progression of how her dementia was going.

    On Wednesday, the former officers involved have been criminally charged and have warrants out for their arrest.

    On Thursday, Austin Hopp and Daria Jalali turned themselves in to the police department, and their bonds were set at $20,000 and $5,000, respectively. Hopp is expected to appear in court on May 25.

    Loveland District Attorney concluded his offices investigation, but there is an investigation ongoing into the department and a civil rights lawsuit against the department and officers involved in Garners arrest.

    I was able to review dozens of witnesses, interviews, scores of records, phone calls, reports, and photographs, hours of audio and video, and a host of additional evidence, which led me to the decisions I’m making here today, said Gordon McLaughlin, district attorney for the Eighth Judicial District of Colorado.

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    Can A Person With Alzheimers Or Dementia Be Charged For Shoplifting

    Alzheimers and dementia can change a person and cause him or her to behave in ways he or she never has never before acted. In the beginning you may notice your loved one begin acting more irritable, depressed, or anxious. While these behaviors may not point to Alzheimers or dementia, as the disease progresses, they may begin to have angry outbursts, hallucinate, or have delusional thoughts they believe to be true. Its hard to watch your loved ones change before your very eyes.

    Getting Help In The Legal Battle

    If your loved one suffered a personal injury due to the hand of another resident, there are things you can do to protect them legally. First, you have the right to move your loved one if the nursing home is not giving them the care or attention they need. If they are aware of an ongoing issue and have failed to act accordingly, then you may have the grounds to sue.

    Only a personal injury attorney that specializes in nursing home cases can help. After reviewing all the ins and outs of the circumstances, they will see if there is sufficient evidence to bring charges against the center. If the claim involved wrongful death and there were ample warnings that the perpetrator had violent tendencies, then the compensation will be significant.

    It is best to leave these matters in the capable hands of a legal team. If your loved one suffered damages or lost their life due to another resident, someone needs to pay for the loss.


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    Who Is Likely To Be Involved In The Legal System

    The profile of people with mental health problems in the legal system is multiple and varied. They include:

    • A majority of people who commit minor offences and who would not have been arrested if they did not have a mental disorder
    • Those who commit crimes of survival due to poverty, for example, “dining and dashing” or stealing something from a store
    • Those who commit offences related to an alcohol or drug problema problem that is more frequent among individuals who suffer from a mental disorder
    • A certain number of individuals with personality disorders and who commit minor crimes, particularly acts of violence towards other people
    • Finally, a low percentage of individuals whose symptoms led to violent acts

    Legal System Struggles With Dementia Patients

    Assault of Elderly Dementia Patient by Nursing Home Employee Caught on Video

    When police arrived at the Tiffany House living complex for seniors in Fort Lauderdale, Fla., they found 90-year-old Bess Kleinman on the floor, slumped against her bed with a plastic trash bag over her face. She had been suffocated.

    Detectives did not have to look far for Kleinman’s killer. Her next-door neighbor, Felix Freed, 72, had told the night security guard that he had “killed Bess,” according to police.

    The slaying shocked the residents and staff. Freed and Kleinman had become close friends. They would walk together and share meals. He would read to her and help unlock her door when her hands were trembling too much. He could not explain why he had killed her.

    Freed was charged with first-degree murder even though all those involved — the nursing home staff, the police, the prosecutor, his family — were well aware of something else: He had dementia.

    Freed would eventually spend nearly a year in the Broward County jail and almost two years in the Florida State Hospital for the criminally insane in Chattahoochee, Fla., before the charge was dropped. Finally, he was released to another assisted-living facility that could ensure his safety and that of those around him.

    “It’s a problem, and a problem that’s only going to grow,” said Max B. Rothman, executive director of the Center on Aging at Florida International University in Miami. “As the baby boomers age, it’s going to become an even bigger problem.”

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    Liaison And Diversion Service

    Prosecutors should be aware of what local Liaison and Diversion services are in place so they may advise the court appropriately, if the court enquires as to whether an assessment has taken place or could take place. They may be available both in custody and the court to inform the decision to charge and/or to proceed with a prosecution.

    L& D services identify people who have mental health, learning disability, substance misuse or other vulnerabilities when they come into contact with the criminal justice system as suspects, defendants or offenders. The service can then support people through the early stages of the criminal system pathway, refer them for appropriate health or social care or enable them to be diverted away from the criminal justice system into a more appropriate setting, if required. Thus diversion from prosecution may occur or treatment/assistance concurrent to a prosecution may follow.

    L& D services aim to improve overall health outcomes for people and to support people in the reduction of re-offending. The main services that L& D practitioners offer are:

    Identification:Criminal justice agencies working at the police and court stages of the pathway are trained to recognise possible signs of vulnerability in people when they first meet them. They then alert their local L& D service about the person.

    Regional NHS England contacts can be found here and case studies with videos on how the scheme works can be found here.

    Dementia Patient In 50s Groped Woman On Falmouth Seafront

    The victim was out walking with her gran, and at first thought it was her

    A sex pest groped a terrified woman who was out walking with her grandmother during the middle of the day.

    Neil Shorter, 52, attacked the woman on the Falmouth seafront on April 7 this year.

    Shorter has been on trial at Truro Crown Court charged with sexual assault.

    Read more: Paedophile with thousands of indecent images avoids jail

    Shorter, not from Cornwall, wasnt present at the trial, having been deemed unfit to stand due to dementia.

    Prosecuting the case, Piers Norsworthy described how the victim and her grandmother were walking along the seafront in Falmouth on April 7 of this year.

    At around 1:30pm they were walking along the path towards Castle Point and out of the corner of the victims eye she noticed a man walking quickly behind her.

    She moved towards the railings to let the man pass.

    Mr Norsworthy said: She was looking out to sea when she felt hands on her lower back that moved to the trouser line.

    She shoved the man away and thought it may have at first been her grandmother.

    At some point the grandmother said something along the lines of get the f*** away from my granddaughter, were calling the police and reporting you. Thats when she realised it wasnt her grandmother touching her.

    The victim then noticed the man wearing a black coat and beanie, brown trousers and boots. He then walked away, with the victim filming him as he fled.

    Read more Cornwall news:

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    Garner’s Family And Lawyer Still Want More Justice

    The District Attorneys office announced the charges Wednesday during a press conference with Fort Collins Police Chief Jeff Swoboda, whose department led the Critical Incident Response Team independent investigation of the arrest.

    Two detectives and one detective sergeant led the investigation, which took just under a month to complete.

    I want to take just a moment to thank the detectives who left no stone unturned in this case, Swoboda said during the press conference. Investigations are generally more difficult anytime there’s a delay between the incident and the investigation. However, the professionalism, the skill, of these detectives have produced a report that clearly outlines exactly what occurred that day.

    Garners lawyer asked why only two officers were charged, rather than all of the officers involved in her arrest and subsequent lack of medical attention at the jail.

    At the horrible core of this case has always been the question of how this criminal conduct occurred right in the open in downtown Loveland, Schielke said. It then carried on right into the open back at the Loveland police department.

    Sgt. Philip Metzler arrived on the scene of the arrest after Garner was put in the police car. On body camera footage, Metzler asked about the mud and blood on Jalali who responded: A little bloody, a little muddy you know how it goes, adding that it was Garners blood.

    What Does Insane Mean

    Can You Be Arrested with a Warrant for Someone Else?

    To establish the common law defence of ” insanity”, it must be clearly proved that, at the time of committing the act, the suspect was labouring under such a “defect of reason”, from a “disease of the mind”, as

  • not to know the nature and quality of the act being done , or,
  • that the suspect did not know what was being done was wrong : M’Naghten’s Case 10 Cl & F 200).
  • “Insanity” thus has a legal definition, to be assessed by a prosecutor and thereafter, if appropriate, by the court applying the M’Naghten criteria. It incorporates conditions such as sleepwalking, psychomotor epilepsy, diabetes and arteriosclerosis where the M’Naghten criteria are met but not, conversely, severe mental illness, or expert evidence diagnosing the suspect as “insane”, unless the M’Naghten criteria are met. It may be permanent, temporary, organic or functional, but must not come from an extraneous cause : Sullivan A.C. 156.

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    Definitions Incidence And Correlations To Premorbid Personality Traits

    Behavior is communicative for cognitively impaired individuals who may have lost other means of expressing needs. Violent or aggressive behavior, however, can have substantial consequences on the quality of care received, the use of chemical or physical restraints, increased caregiving burden and potential for trauma, and increased healthcare costs, as well as the safety and health of the caregiver . For these reasons, more information and interventions to effectively manage violent and aggressive behaviors while preserving the communicative properties of these expressions are needed.

    In the case of military veterans, there may be exceptional risks. In a study of newly dementia-diagnosed veterans in 2008, Orengo et al. found that 20% of all participating veterans exhibited aggressive behavior at the baseline screening, somewhat higher than estimates of early stage aggression in the general public . However, Kunik states, âThere is no aggression gene. There are no absolute indicators in a personâs history that they will develop aggression. It is not directly connected to combat duty or PTSDâ . Despite this caution, a recent study led by his team found a tenfold increase in injury rates related to violence by veterans with dementia being cared for in their homes . Further study with this population is clearly warranted.

    Can Dementia Patients Be Criminally Prosecuted In Alabama

    Tags: Criminal Defense

    Recently, an 80-year-old hospital patient was arrested for assault in Alabama, after he allegedly became agitated while receiving a CT scan at a local hospital.

    According to news reports, the incident, which happened just north of Gadsen, involved a technician and a police officer. The patient is alleged to have become irritated during the scan and put his hands around the neck of a technician and then pulled her hair. Authorities say the man was then escorted outside the hospital, where he allegedly struck a police officer in the face.

    A police spokesman is quoted as saying the suspect isnt your typical 80-year-old. Our Birmingham criminal defense lawyers are not health care professionals, but given the mans age and sudden aggressiveness of his actions, it wouldnt surprise us if it was revealed the man had a form of dementia.

    If that is the case, there is a strong possibility that this case will never make it to trial. In fact, the charges could be dropped altogether.

    The reason has to do with a persons mental competence both at the time of the offense and to stand trial.

    According to Rule 11 of Alabama Rules of Criminal Procedure, defendants may raise a defense of not guilty by reason of mental disease or defect, either by filing a pre-trial motion or by entering a plea. Alternatively, the district attorneys office may move for an examination of the persons mental competency.

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    Defence Of Self Or Another

    Self-defence, defence of property, defence of another person and the prevention of crime are available as defences to crimes committed by the use of force or otherwise unlawful physical contact. See more generally the CPS Legal Guidance on self-defence and the prevention of crime.

    This defence comprises two limbs:

  • did the suspect genuinely believe that force was needed in the circumstances as they understood them, in self-defence, defence of property, defence of another person or in prevention of a crime?
  • If so, did the suspect use reasonable force in so doing?
  • In assessing the first question, a suspect’s mental health will be relevant. The suspect may be able to give evidence about their own mental state and may also explain their own mental ill health at the time of the offence. Expert evidence is also admissible, but only if it assists the jury with the issue of genuine belief once the suspect’s account and the other evidence in the case have been considered: Ibrahim EWCA Crim 121 EWCA Crim 2245. However, a mistaken belief in the need to defend oneself or another will not allow for a claim of self-defence where induced by voluntary intoxication, including proximate voluntary intoxication which has induced poor mental health causing the mistaken belief: Taj EWCA Crim 1743.


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