Nurse faces sentencing for wanton neglect in death of nursing home resident

By: Clark Kauffman

An Iowa nurse who was criminally charged in the death of a nursing home resident is facing up to two years in prison after entering a plea in the case.

In March, Pocahontas County prosecutors charged Becky Sue Manning, 70, of Lake View, with felony wanton neglect of a health care facility resident, an aggravated misdemeanor.

Court records indicate Manning recently entered an Alford plea of guilty to the charge in which she didn’t admit to the underlying allegations, but acknowledged there is sufficient evidence to prove wanton neglect should the case go to trial. Sentencing is scheduled for Jan. 13, 2025.

The charge carries a minimum penalty of an $855 fine and a maximum penalty of two years in prison plus $8,540 in fines.

According to prosecutors, Manning, a licensed practical nurse, refused repeated requests to provide physician-ordered care for Marvin “Pete” Jacobs, who died Feb. 19, 2023 at the Fonda Specialty Care nursing home. Manning was working at the home in 2023 while employed by the GrapeTree Medical Staffing temp agency.

According to state inspection records, Jacobs had undergone a tracheostomy, and because his airway tended to become clogged, the staff kept a suctioning machine by his bedside. On the afternoon of Feb. 19, 2023, an aide later told inspectors, Jacobs was sitting in his recliner when another worker said Jacobs appeared to be “in trouble” and instructed her to get a nurse right away.

Jacobs was pointing at his neck, gasping for air, and mouthing that he could not breathe, the aide told inspectors. The aide said she left the room to get the only nurse on duty — alleged by prosecutors to be Manning — and was absent for a few minutes.

According to inspectors, the nurse alleged to be Manning told inspectors the “staff wanted me to suction him (and) I told the staff no. I was told that I would not have to do anything with the tracheostomy.”

County prosecutors allege that no fewer than four workers asked Manning to suction Jacobs’ airway right away. Manning reportedly acknowledged to inspectors that her fellow workers had each told her Jacobs needed his airway cleared and that he had been pointing to his neck and mouthing that he couldn’t breathe.

Prosecutors also allege Manning prevented the staff from calling 911 when it became apparent Jacobs couldn’t breathe.

The Iowa Department of Inspections and Appeals fined Fonda Specialty Care $10,000 for the death, then reduced that penalty 35%, to $6,500, due to the lack of an appeal in the case.

Shortly after she was criminally charged in the case, Manning signed an agreement with the Iowa Board of Nursing in which she agreed to suspend her practice indefinitely.

On Oct. 31, 2024, Jacobs’ family filed a wrongful-death lawsuit against Manning, GrapeTree, Fonda Specialty Care and the nursing home’s corporate owners, Care Initiatives of West Des Moines. The defendants in that case have yet to file a response to the lawsuit.

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Nurse faces sentencing for wanton neglect in death of nursing home resident