While facing criminal allegations that she financially exploited an elderly woman, Victoria L. Hertz Ruelas was ordered to have no contact with the alleged victim. However, authorities say Hertz instead resumed living with the woman in Powell and took her on multiple trips out of state.
At a Friday hearing, a prosecutor asserted that Hertz had committed a “flagrant violation” of her prior bond conditions. Meanwhile, her defense attorney suggested it was a misunderstanding amid a complicated case that was previously dismissed.
Park County Circuit Court Judge Joey Darrah ultimately raised Hertz’s bond to $5,000 cash or surety, which was up from a signature bond. After spending roughly two days in jail, the 42-year-old made bail on Saturday and was released pending further proceedings.
The felony charge of exploitation of a vulnerable adult stems from Hertz’s time working as a CNA at an assisted living facility in Cody, where she helped care for the 88-year-old resident at the center of the case. The Park County Attorney’s Office alleges that Hertz abused her position to borrow $12,000 from the woman and ultimately have the resident move in with her.
While working night shifts at Absaroka Senior Living, the CNA reportedly spent extensive amounts of time with the woman. The woman’s son later told police that he believed Hertz had tugged at the woman’s heartstrings and crossed ethical lines to get the loans, which were indefinite.
Last spring, the woman announced her intention to move in with Hertz. Cody Police Detective Rick Tillery said the woman was set to pay Hertz $800 a month in rent while helping to cover the cost of some improvements and food.
Absaroka Senior Living fired Hertz for violating company policies and barred her from the facility in May, Tillery said. The detective and the woman’s son felt Hertz’s split-level home on Powell’s Eighth Street was ill-suited for her walker, but despite their opposition, she moved in with Hertz.
Prosecutors filed the exploitation charge in June, but Darrah dismissed it later that month. While indicating that he saw Hertz’s alleged conduct as concerning, the judge said he didn’t think it broke the law, as the elderly woman didn’t meet the definition of a vulnerable adult. In his view, the Wyoming statute only applies to adults who can’t manage their affairs as a result of a disability, and the alleged victim is fully competent.
Darrah added that he thought the Legislature probably meant to address situations like this and that dismissing the case was “not an easy decision.”
Deputy Park County Attorney Jack Hatfield quickly refiled the charge with the intent of making another attempt at clearing a preliminary hearing. At a July court appearance, Hertz was released on a $5,000 signature bond — meaning she wasn’t required to post any money — and given orders to have no contact with the elderly woman.
During the July 7 hearing, Hertz mentioned that the woman wanted to speak to the judge, but given the no contact order, Darrah cautioned that, “I think you need to work through your attorney to get that accomplished.”
However, just 10 days later, Tillery received a report that Hertz had traveled to South Dakota. About a week later, Tillery received a third-hand report that a hairdresser believed the woman’s health was deteriorating.
The detective and personnel from the Department of Family Services were unable to contact the woman over the next couple of weeks. Tillery ultimately pinged the woman’s phone on Aug. 9 and used the location data to find the woman living with Hertz at a multi-level rental on North Ingalls Street.
Hertz appeared to be “totally dependent on … the victim in this case, for complete and total financial support,” Tillery later reported in an affidavit, “which is precisely the core reason for this bond condition and the ability to provide additional protection of the victim in this case.”
Hatfield filed to revoke Hertz’s bond on Aug. 11, asking that she also be ordered to forfeit $5,000 to the state. Hertz was arrested Thursday and appeared in court Friday.
“Ms. Hertz is not even remotely complying with this court’s order,” Hatfield argued, expressing concern that Hertz’s home “is wholly unsuitable” for the elderly woman.
Hertz’s defense attorney, however, said “there may have been some confusion” about the bond conditions given that the initial charge was dismissed.
“I do know that this case has been somewhat complicated because [the elderly woman] has expressed the desire to have contact [with Hertz], and so I think that is sort of a complicating factor,” public defender Sarah Miles added. “But ultimately the bond condition is what it is and my client is not to have contact. And hopefully she understands that clearly at this point in time.”
A bond revocation hearing is tentatively scheduled for Thursday, with another preliminary hearing set for Sept. 29.
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Defendant in exploitation case rearrested
