Alleged victim's dementia leads to dismissal of exploitation of elderly case in Wichita County

by Trish Choate

Brenda Szymanski Trish Choate Via Facebook

An exploitation charge was dismissed because the 88-year-old alleged victim, a Wichita Falls woman, has developed severe Alzheimer's disease and dementia, according to a prosecutor.

The case was dropped two days before it was scheduled for bench trial Friday in 78th District Court, according to the prosecution's motion to dismiss.

Prosecutors figured the best thing they could do to protect the alleged victim was not to press the issue, Wichita County Chief Felony Prosecutor Dobie Kosub said.

“We had a long discussion with her family, and they just agreed that she couldn’t handle going through the trial process," Kosub said.

Brenda Kay Szymanski, 66, was charged with exploitation of an elderly person in connection with an incident March 26, 2018, court records show.

But the 88-year-old woman could no longer recall the details of the allegations against Szymanski because of her condition, according to the motion to dismiss.

In addition, another person involved died just before the allegations were reported to police, according to the motion.

"Without competent testimony from the surviving witness the State will not be able to meet its burden beyond a reasonable doubt," the motion stated.

Judge Meredith Kennedy granted the prosecution's motion to dismiss the charge against Szymanski Aug. 12, court filings show.

Szymanski's defense attorney, Ryan Streich of Wichita Falls, did not respond to requests for comment.

Szymanski is a resident of Kaufman, about three hours southeast of Wichita Falls, according to court records.

The Wichita County Jail has no record of her being booked in there, so no mug shot was available from the jail.

A Wichita County grand jury returned a sealed indictment against Szymanski on May 10, 2018, according to court records.

She had been free from jail on a $10,000 bond, pending the outcome of the case, according to court records.

The case was referred directly to the grand jury, so there was no probable cause or arrest warrant affidavit detailing the allegations.

Kosub said Szymanski was accused of taking advantage of the alleged victim's funds.

The defendant, a family member, was alleged to have accessed the funds through a power of attorney, Kosub said.

There was also an allegation of missing property, but most, if not all of it, was returned, Kosub said.
The alleged victim's husband was still alive when she contacted Szymanski about handling her affairs, Kosub said.

The husband died shortly after the power of attorney was executed, and then the victim’s mental situation deteriorated significantly, Kosub said.

The husband was 91 years old when he passed away in 2018, according to his obituary.

Kosub said there was never any suggestion of foul play in connection with the husband's death.

“It’s just a very unfortunate situation all the way around," Kosub said. "We just did the only thing we could under the circumstances.”

Kosub said Wichita County District Attorney John Gillespie has made such cases a priority, and local prosecutors takes them seriously, prosecuting them to the best of their ability.

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Alleged victim's dementia leads to dismissal of exploitation of elderly case in Wichita County