Affidavit: Elderly woman broke femur, later died, caregiver arrested

by: Ashley Eberhardt

(PUEBLO COUNTY, Colo.) — According to arrest papers, a caregiver at a Pueblo West nursing home allegedly fell along with a patient during a verbal confrontation, resulting in the elderly woman breaking a hip and ultimately dying of complications from the injury.

According to the arrest documents, 32-year-old Tyshae Carbajal was employed as a caregiver at the Columbine Chateau assisted living facility, and on the night of June 19, was one of two employees on staff caring for patients, including 74-year-old Marie Bayer, who suffered from dementia. 

One of the symptoms of Bayer’s dementia, according to medical documents acquired by law enforcement, was paranoia and believing someone was trying to kill her. The arrest papers state that on the night of June 19, Bayer was repeating that someone was trying to kill her, and was kicking a wall in her room.

In a report to law enforcement following the incident, a supervisor said Carbajal was “verbally abusive” to Bayer that night, and video surveillance footage showed Carbajal getting frustrated by Bayer’s repeated behaviors, and threatening Bayer to get back in bed.

The incident occurred after midnight, the documents state, evidenced in surveillance footage. Bayer was in her room, which had been locked because she kept getting out of bed. After several verbal confrontations, Carbajal unlocked the door and entered the room, which cannot be seen in the footage, and she was arguing with Bayer to get back in bed.

According to Carbajal’s statements to law enforcement, once in the room, Carbajal tripped over a shoe and fell, but she insisted that only she fell, and not Bayer. Carbajal’s statements were inconsistent, however, and the other coworker on staff that night told law enforcement that Carbajal had said on the night of the incident that she had fallen and taken Bayer with her.

On the surveillance footage, after a “thud” can be heard, Bayer can be heard moaning and crying, and Carbajal can be heard telling Bayer to “stand up.”

Eventually, Bayer can be seen being helped out of her room by both Carbajal and her coworker, and Bayer’s legs were “visibly shaking.” Enhancements to the surveillance footage audio also revealed that Carbajal could be heard admitting to her coworker that Bayer had broken her hip. Carbajal allegedly did not tell her supervisors about the extent of Bayer’s injury.

Bayer was taken to Parkview West Emergency Room on the morning after the incident for a swollen leg, but Parkview sent her back with paperwork reporting that “nothing was wrong with [Bayer’s] knee.” According to the arrest papers, an Activities Director for Columbine Chateau and Bayer’s son tried to tell medical staff with AMR and Parkview that Bayer’s injuries were from the hip down, but “they were ignored and [Bayer] was only treated for her right knee.”

Bayer’s broken femur was not discovered until her primary care at the nursing home ordered additional x-rays, which were performed on June 23, five days after the injury.

During an investigation by a coroner’s investigator on June 29 following Bayer’s death, gruesome bruises were discovered on her right leg, and her leg was twisted at an unnatural angle, which lead to the investigator requesting the response of deputies for “suspicious circumstances.”

It was determined that complications of this injury were the cause of Bayer’s death.

For allegedly knowingly causing the injury to Bayer that lead to her death, and for not assisting in getting Bayer the care she needed, Carbajal is facing charges of Crimes Against an At-Risk Adult. She is due in Pueblo County Court on Dec. 11.

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Affidavit: Elderly woman broke femur, later died, caregiver arrested