CHATTANOOGA, Tenn. — A certified
nursing assistant threw a 90-year-old Alzheimer's patient out of a
shower and started beating him, saying "I can't wait for you to die
soon!" according to Chattanooga Police.
The incident happened on
Wednesday in the early morning hours at the Ascension Living Valley
Residence on Mountain Creek Road, which is a facility for people with
Alzheimer's disease.
The victim required two certified nursing assistants (CNAs) to give him a shower, while he was seated in a shower chair.
The
other CNA told officers that she and 51-year-old Gary Christopher
Crownover were giving the victim a shower when the victim hit Crownover
in the face, which knocked off his glasses.
The affidavit says Crownover then
..became
very upset and pulled the chair with the victim in it completely out of
the shower and then dropped the chair and victim onto the floor.
Witness stated Mr. Crownover then hit the victim in the head with closed
fist multiple times and then smacked victim in the face with open palm
multiple times. Witness stated Mr. Crownover stated "I can't wait for
you to die soon" to the victim. Witness stated she was shocked with the
incident.
The CNA said she and Crownover then picked the chair and victim up off of the floor and dried him off.
There
was blood on a towel from a knee injury the victim sustained during the
beating, and he also had redness on his right eye, according to the
affidavit.
After putting the victim to bed, the CNA reported what she saw to her supervisor, who immediately called the police.
The affidavit says police were advised that Crownover had been "sent home on suspension" before officers got there.
Authorities arrested Crownover later in the day on Wednesday and charged him with abuse of a vulnerable adult.
We reached out toAscension Living, who tells us via email:
"The
health and safety of our residents and associates is of the utmost
importance. We take these allegations very seriously and are cooperating
with law enforcement officials on this matter. The associate is no
longer working and has no access to the facility. We are committed to
ensuring a safe environment and remain dedicated to serving the
healthcare needs of our community."
WOODSTOCK, Ga. - A man will spend a decade in prison after police say he stole more than $1.3 million from his elderly mother's bank account.
At
a hearing in September, 64-year-old Thomas Glenn North III pleaded
guilty to 37 charges including one count of neglect to a disabled,
adult, or elderly person; 1 count of exploitation and intimidation of a
disabled, adult, or elderly person; and 35 counts of theft by taking.
Officials say they began their investigation into
North after a family member discovered that the victim's assisted living
facility was evicting her because he hadn't paid her rent.
According
to evidence provided by prosecutors during the hearing, North had power
of attorney for his mother and withdrew $1.35 million from her bank
account and trust fund over three years.
"At
a vulnerable time in her life, the victim in this case trusted her son
to serve as power of attorney, with the expectation that he would
safeguard her finances and well-being," said Deputy Chief Assistant
District Attorney Rachel Hines, of the Special Victims Unit, Office of
the District Attorney. "Instead, he shamelessly took funds from a family
trust, stole the proceeds of her home sale, and completely depleted her
life savings, forcing her to rely on the support of other family
members."
At the hearing, North's sister told the court how the betrayal had deeply affected her mother's physical and emotional help.
"Elder
abuse takes many forms, including theft. Sadly, this is often a crime
that involves family members," said District Attorney Susan K.
Treadaway. "What is especially shocking about this case is that this
defendant brazenly withdrew thousands of dollars on a regular basis
until his mother was left penniless and no longer able to support
herself. A lifetime of savings was wiped out in three years."
Following
the guilty plea, a Superior Court judge sentenced North to 40 years
with the first 10 in custody and the remainder on probation. North will
also be required to pay back the funds he took at a rate of $50,000 a
year.
North is also forbidden to have any contact with his mother or other members of her family.
SOLANA BEACH, Calif — Tony Choi has been arrested and charged with elder abuse and sexual assault.
San Diego Sheriff's deputies say the 52-year-old Solana Beach resident approached a 75 year old woman
while she was outside her home near the Torrey Highlands area and asked
her if she wanted her dogs washed. Moments later, she invited him
inside and that's when they say Choi attacked her.
Fortunately, a caregiver at the home interrupted the attack and Choi
ran away. It happened Halloween morning and Choi was arrested later that
night outside his home.
"To see my dog after the fact and she's curled up in a corner and
obviously traumatized, I don't even want to think about what happened in
that van," David Miner told us back then.
His golden retriever, Dixie, was in Choi's van for three hours and came out of it in bad shape.
"It was terrible. It really was."
And Dixie's not alone. Kugle's owner says the Goldendoodle had cuts all over its body, and Toodels left traumatized.
"Raw skin around his ears and his rectum," said Toodles' owner, Norman Ratner. "Rear end and the underbelly was just raw."
CBS 8 left messages on a phone number we had for Choi and knocked on
his door to see if he'd talk about the incident, but he didn't return
our call and, with the exception of two dogs that barked as we arrived,
no one else was home.
Choi has not faced any criminal charges related to his grooming
business because animal control can't prove his actions constituted
animal abuse. But CBS 8 has learned he's been arrested several times,
including twice last year for allegedly driving under the influence of
drugs.
He's currently out of jail on $100,000 bail. He's scheduled to be in court for an arraignment on November 8, 2024.
Frank was a longtime collector of motorcycles, vintage signs and other antiques, as he even owned antique store Frank Fritz Finds in Savanna, Illinois.
In an exclusive interview with The U.S. Sun, Frank’s longtime friend Jerry Gendreau revealed what will happen to the American Pickers star's beloved antiques.
“They’re going to have an auction.
"That’s what I would do because of his fan base, I think he’ll do really, really well with an auction.”
Frank Fritz Finds is located in the back room of Jerry’s bar, Hawgdogs, in Savanna, Illinois.
Jerry told The U.S. Sun in October, “We have been an antique store for 35 years. We’ll probably continue to be that.
“We may display motorcycles and choppers that represent Frank.
“Right now it’s set up as an 1880s general store. Maybe they’ll be bikes on a rack all the way down the center.
"We’re trying to contemplate what other people want me to do.”
Frank Fritz Finds sells small antiques from $35 oil cans to a $30 vintage typewriter.
Frank wasn’t as involved in the business after he suffered the stroke in July 2022 at his Iowa home.
CONSERVATORSHIP
Frank’s friends filed an emergency appointment of
a temporary guardian and conservator for the star on August 18,
claiming his “decision-making capacity is so impaired” from the
stroke.
The
Initial Plan filed by conservator MidWestOne Bank read, “Mr. Fritz is a
well-known collector and has numerous outbuildings full of valuable
collections.
“The conservator has not yet inventoried those items
but plans to leave them largely as they are now, with the exception of
stocking Mr. Fritz’s antique store in Savanna, IL as needed.
“Conservator is hopeful [Frank] will be able to participate in selection and pricing of items as he did previously.”
Frank Fritz's Conservatorship
Frank Fritz was placed under a conservatorship in August 2022, just weeks after he suffered a stroke.
Frank's conservator is MidWestOne Bank and is in charge of his finances
The bank agreed to invest Frank's money and collections to generate income
The guardian is his good friend Chris Davis
Chris
is responsible for helping Frank manage his Crohn's disease treatment,
go to physical therapy, grocery shop, cook and more day-to-day tasks
The conservatorship also agreed to help replenish Frank's Iowa antique store, Frank Fritz Finds
A wheel-chair ramp and more have been installed in his Iowa home under the conservatorship
Mike's brother Robbie replaced Frank on the show, while Jon "Jersey Jon" Szalay later became a full-time cast member.
Frank revealed his feud with Mike, 59, during an interview with The U.S. Sun in 2021.
Frank
said, “I haven’t talked to Mike in two years. He knew my back was
messed up, but he didn’t call me up and ask how I was doing. That’s just
how it is.
"The show is tilted towards him 1,000 percent. I can’t even bend that far down to show you how much.
"That’s fine. It’s like you’ve got Aerosmith, and there’s Steven Tyler, and he’s the frontman.
“I found my spot, I’m second and he’s number one on the show. That’s no problem with me, maybe he does have a problem.”
FINAL YEARS
The stroke left Frank wheelchair-bound, as he was in rehabilitation.
“He can walk, but he’s always going to need the wheelchair because he can’t walk long distances,” a source previously told The U.S. Sun in August 2023.
“Basically, you lose motion. He lost motion. A stroke can affect your left or your right side, it affected his right side.”
“He felt really, really bad," he told previously The U.S. Sun.
"You
would go to see him in the nursing home and one-half of his body was
completely done. He would lift his arm up and it would just drop.
"That’s got to be tough to be totally bedridden.”
Jerry explained how Frank grew “frustrated” because he “couldn’t come out and say what he wanted to say,” though some days were "much, much better than others.”
“I’ve seen this when people get tired, they get tired. I think if you don’t have the will to live, you won’t," Jerry said.
“I think Frank could’ve lived a lot longer if the will to live would’ve been there.”
ALBANY, N.Y. (WRGB) — A Plattsburgh man pled guilty Tuesday to healthcare fraud, federal prosecutors said.
According to a release,
Scott Newcombe, 40, as part of his plea, admitted that from
approximately April 2020 through April 2023, he acted as the office
manager and healthcare claims biller for two physicians’ practices in
Plattsburgh through a company that he formed, called SJ Healthcare
Management Services, LLC. The company reportedly charged a fixed monthly
fee, under which prosecutors said Newcombe performed various
management, administrative and billing services for the practices.
Prosecutors with the U.S. Attorney’s Office for the Northern District
of New York (NDNY) said Newcombe further admitted that he submitted
false and fraudulent claims to public and private insurers on behalf of
the aforementioned practices for services that, in some instances, were
never provided and, in other instances, were provided at lower
reimbursement rates than the amounts billed.
Newcombe is scheduled
for sentencing on Feb. 28, 2025, according to a release. He faces up to
20 years in prison and a term of post-imprisonment supervised release
of up to three years.
The Federal Bureau of Investigation (FBI) and U.S. Department of Health and Human Services (HHS) investigated this case.
The CEO and sole owner of Life Care Centers of America, Forrest
Preston, is facing a conservatorship bid from his son, with the suit
raising questions about the future of one of the nation’s largest
nursing home providers.
Preston’s son, Aubrey B. Preston, is seeking a court intervention in
the matter, alleging in an Oct. 29 complaint filing that Forrest’s wife,
Kim Phuong Nguyen Preston, and her family have abused and financially
exploited his father.
The older Preston is being asked by a county judge to submit to two
medical examinations within 10 days amid the conservatorship petition.
The filing asserts that Forrest’s disabilities have allowed Nguyen
Preston’s family to disrupt Life Care’s operations and potentially
threaten its financial stability. Allegations include Nguyen Preston’s
involvement in board meetings and her intimidation of employees.
The court documents called attention to maintenance delays at Life
Care facilities as well as sale or closure of facilities to generate
cash and reduce operational expenses from the pandemic through early
2024. Based in Cleveland, Tennessee, Life Care Centers owns or manages
nearly 200 skilled nursing. post-acute and Alzheimer’s centers in 26
states, and employs approximately 40,000 individuals. It is one of the
nation’s largest privately-owned nursing home chains, contributing to
Preston’s estimated net worth of over $1 billion.
“Life Care is undercapitalized with over a hundred million dollars of
deferred maintenance, needed facility improvements, and depreciated
equipment in need of replacement,” the court filing states.
In an emailed statement to Skilled Nursing News, Life Care Centers of
America President Todd Fletcher said, “Regardless of any legal
proceedings, Life Care’s leadership and associates both in Cleveland and
around the country remain committed to fulfilling their mission of
providing excellent care to the residents in the communities they
serve,” adding that “Life Care has no further comment at this time.”
Company representatives also confirmed that Forest Preston, who
founded Life Care in 1976, remains the company’s current owner, chairman
and CEO.
In describing the older Preston as “mentally and physically
disabled,” the court filing states that Life Care’s executive team has
managed as best they can, but that their authority is limited.
“Forrest’s disabilities have progressed to the point that his
behavior is endangering Life Care’s very existence,” the filing states.
The court filing alleges that he is “unavailable to Life Care
executives for weeks and sometimes more than a month when key decisions
are needed or his signature on crucial documents is required.”
Chattanooga attorney Gary L. Patrick, representing the son, stated in
the complaint that “Aubrey no longer had any choice but to seek this
court’s intervention, not just for Life Care’s patients and employees,
but most importantly for the safety and well-being of his father.”
The complaint alleges that Preston’s current wife, Nguyen Preston,
and her siblings engaged in conspiracy and civilly aided one another in
misappropriating Forrest’s assets, citing violations of the Tennessee
Adult Protection Act. The filing also claims that since marrying in
2018, Nguyen Preston has progressively isolated Forrest from his family
and friends.
The complaint suggests that instead of protecting him, Nguyen Preston
and her family unlawfully enriched themselves, acquiring significant
real estate and cash.
The family of the late fitness icon has responded to a petition filed by Simmons' house manager, Teresa Reveles
By Cara Lynn Shultz
The family of Richard Simmons has replied to a court filing from the late fitness icon’s house manager Teresa Reveles, who claimed she was pressured into giving up her role as “co-trustee” of Simmons’ considerable estate.
In an exclusive statement to PEOPLE on Oct. 30, Simmons' brother Lenny
said, “First, I am solely interested in protecting and maintaining my
brother’s legacy. It was never my intention to play this out in public,
but due to circumstances beyond my control, I have been forced to do
so."
The statement continues, "Second, we have filed papers with the court
that address and refute what Teresa has claimed. They also provide a
brief summary of the reasons I declined Teresa’s request to serve as
co-trustee and my concerns about why she is proceeding with this
litigation."
Reveles, 73, filed a petition
against Lenny, 78, on Sept. 25. In the petition, Reveles stated that
after “an open casket viewing of Richard’s body," Lenny and his wife
Cathy Simmons “immediately” took her “directly to a meeting … to discuss
Richard’s financial affairs.”
The petition referred to Lenny Simmons' actions as a “nefarious
scheme,” with Reveles, who is not a native English speaker, claiming she
did not understand what she was signing. She also alleged that Lenny
colluded with Simmons' former manager Michael Catalano.
"The criticisms of Michael Catalano are unjustified," Lenny said in his
statement. "Michael was Richard’s longtime manager and his friend.
Michael worked tirelessly for Richard throughout his life, often without
being compensated, and is continuing to do that even after his death.
It is a shame that Teresa is attempting to tarnish his reputation and
harm his career."
The beloved fitness star died on July 13, two days after he fell in his
home. Reveles discovered Simmons unresponsive on his bedroom floor and
called 911. His death at age 76 was ruled accidental, the result of “blunt traumatic injuries” he suffered during his fall.
Tom Estey, longtime spokesperson for the Simmons family, provided PEOPLE
an exclusive statement at the time of Reveles' filing, saying Richard
Simmons “would be heartbroken
to learn of Teresa’s greed and insulted that she would diminish their
three decades of supposed friendship in such a public way. Her actions
threaten to harm Richard’s incredible legacy, which we are working hard
to preserve.”
Estey's statement continued: “She is a significant beneficiary of his
will. She made an informed decision to decline to serve as co-trustee of
the estate, which does not affect her status as a beneficiary at all …
Teresa’s request to be reinstated as co-trustee was declined because
co-trustees must work together in the best interests of the estate, and
Teresa has shown by her actions that she does not share those
interests."
In his statement to PEOPLE on Oct. 30, Lenny concluded, "My brother
embodied and emanated joy, laughter, and above all, kindness to each
other. This litigation, which I did not initiate, is completely contrary
to his beliefs and his values. My sincerest wish is that it ends as
soon as possible and that we can turn our attention to ensuring that
Richard’s positive message continues to be heard by generations in the
future.”
SOUTH WAVERLY — An Athens woman was
charged with financial exploitation of an elderly person she was caring
for in South Waverly Borough.
Lisa
Irene Pate, 54, is accused of stealing $400 in an envelope from a
90-year-old woman, according to Sayre Borough police. Pate cared for the
victim as a home health nurse. The money went missing from a purse
inside a residence after Pate left for the day on Sept. 17. The $400 was
originally intended to install a ramp for the victim.
The
next day, a relative of the victim left $152 in a purse within a drawer
to see if money would go missing, according to court documents. They
later discovered $70 of it was missing on Oct. 2.
According to police, Pate
stopped appearing for work the day after the theft allegations were
reported. On Oct. 18, police contacted Pate and she denied the
allegations and attributed a foot injury to missing work.
Pate
faces first degree misdemeanor charges of financial exploitation of
older adult or care dependent person and theft by unlawful taking of
movable property. A preliminary hearing is scheduled for 10 a.m. on Dec.
3 before Magisterial District Judge Larry J. Hurley.
A federal appeals court has affirmed a $5,000 sanction against a
professor at the Northwestern University Pritzker School of Law for
seeking to remove a state court motion to federal court, finding no
abuse of discretion by a federal judge who imposed it.
In an Oct. 30 unpublished opinion,
the 10th U.S. Circuit Court of Appeals at Denver said it discerned no
reversible error by U.S. District Judge Daniel D. Domenico of the
District of Colorado.
Domenico had sanctioned
professor Bernard S. Black for seeking to remove the state court motion
that sought to oust him as a trustee for the conservatorship estate of
his sister. The sister is mentally ill and unable to manage her affairs.
Lawyers for Black’s sister filed the motion to remove him after a
Colorado probate court found that Black improperly diverted some funds
from his sister while serving as executor of his mother’s estate.
Domenico said the removal attempt was improper because motions can’t
be removed to federal court and because the underlying probate matter
couldn’t be heard in federal court.
The $5,000 sanction represented the sister’s attorney fees plus
costs. A magistrate judge had found that the claimed fees were
reasonable, “particularly in light of the 269 pages of briefing Mr.
Black had filed in the matter,” the 10th Circuit said.
Black told the ABA Journal that he is “frankly shocked that I didn’t get a serious hearing before the 10th Circuit.”
The whole purpose of removal, he says, is to allow a party to escape from a state court judge who might be biased.
The probate judge, he says, is “running what can only be described as
a racket that extracts wealth from people subjected to guardianship or
conservatorship.”
Black had contended that removal was proper because his sister’s
motion to oust him as conservator initiated an independent controversy,
essentially constituting a new civil action.
The appeals court summarizes other arguments.
Black “contends that it was improper to impose a bar referral
sanction in addition to a monetary award; that the district court failed
to give him adequate notice that in considering whether to impose
sanctions, the court would consider his conduct in other cases; that the
district court misunderstood those other cases; that the sanctions were
punitive and therefore warranted ‘criminal-type procedural
protections;’ … and that it was improper to judge his conduct in cases
where he acted in a different legal capacity.”
The 10th Circuit rejected the arguments “upon review of the record,
the briefs, and the district court’s well-reasoned orders, and in light
of the appropriate review standards.”
In the probate case, Black contended that he was carrying out his
mother’s estate plan to put two-thirds of her estate into a special
needs trust for Black’s sister and one-third into a trust for Black and
his children. To do that, he disclaimed payable-on-death benefits in his
mother’s brokerage account that sent nearly all the funds directly to
the sister.
A probate judge ordered Black to reimburse his sister $1.5 million
and trebled the damages, which required Black to come up with an
additional $3 million.
Black told the Journal that the Colorado probate judge wrongly decided that he stole money from his sister.
“I didn’t,” Black says. “All the money is in trust. Nothing is stolen.”
In his 10th Circuit brief,
Black said the dispute has led to “cascading travesties of justice.”
The Denver probate court repeatedly ruled against him, “often without
notice, jurisdiction or evidence,” he wrote in the brief.
Black said in the brief his sister has lived in New York since 2013,
and she was found competent by a New York court in 2016. Yet the Denver
probate judge refused to terminate the conservatorship.
Then the federal courts relied on the Denver probate judge’s findings, he says.
“This is another instance in which I have been truly stunned at the
extent to which you get one judge who says bad things about you, and no
other judge will take a serious look at the merits,” Black told the
Journal. “The district court didn’t, and now, the 10th Circuit has not.
That’s not the way our justice system is supposed to work.”
“We need more willingness in our system to understand that not
everything a judge says is true. In another case, a second judge has to
be willing to have an open mind,” he says.
Black maintains that Domenico wrongly concluded that the case
shouldn’t be in federal court because of the probate exception. The
exception doesn’t appy, Black says, because the Colorado court was not
administering a decedent’s estate.
His appeal in state court maintains that there should be no
conservatorship in Colorado because his sister no longer needs it. He
has not paid $4.5 million “because I don’t have it,” he says.
What happens next?
“I wait and see if the New York bar wants to do anything with the
referral” for alleged ethics violations, he says. “If they do, I
defend.”
Hat tip to Law360, which covered the 10th Circuit’s decision.