Showing posts with label city council member. Show all posts
Showing posts with label city council member. Show all posts

Thursday, March 9, 2023

Chesapeake City Council member faces felony charge, is accused of stealing great aunt’s home

by Jane Harper, Natalie Anderson

Newly elected Chesapeake City Council member Amanda Newins was indicted by a grand jury Tuesday on a single charge of financially exploiting a vulnerable adult, for allegedly obtaining ownership of her great aunt’s home through illegal means.

The charge is a felony punishable by up to 20 years in prison. The case was handled by a special prosecutor from Roanoke County after Chesapeake Commonwealth’s Attorney Matthew Hamel recused himself from the investigation.

Newins — a Republican, local lawyer and former prosecutor for the city — was elected to council in November.

Her great aunt, Shirley B. Davis, filed a lawsuit against Newins two months before the election in which she claimed Newins stole hundreds of thousands of dollars in property and cash from her and her late husband over a period of several months, beginning in 2020.

The complaint said the thefts came after Newins persuaded Davis and her husband Bobby Davis — who was diagnosed with late-stage Alzheimer’s disease and advanced dementia before he died in March 2021 — to move in with Newins and her husband. Newins later got the couple to give her power of attorney over their financial accounts and had them sign over the deed to their longtime home, according to the lawsuit.

The three-bedroom, two-bath house is located on Kempsville Road in Virginia Beach and worth about $330,000, according to online estimates. City records show it’s owned by BACT Investments, LLC, with Newins listed as the company’s registered agent.

Attorney Kristin Paulding said in a statement released Tuesday that Newins plans to “diligently fight the charge and show that Amanda’s actions were appropriate and in no way rise to the level of financial exploitation.” The statement also called the lawsuit filed by Davis politically motivated.

“Amanda was practically raised by her uncle and the allegation that she financially exploited him, is absolutely untrue,” the statement said. “We look forward to the time that Amanda can finally tell her story.”

Newins lives with her husband in Chesapeake. According to the lawsuit, Newins forced Davis to move out of Newins’ home after Bobby Davis died, and Davis has been living with Newins’ mother ever since.

If Newins is convicted, she immediately would be suspended by the Virginia State Bar and required to appear at a hearing before its board to explain why her law license shouldn’t be further suspended or revoked, according to the bar’s professional guidelines.

It’s not clear whether Newins could continue serving on City Council. Interim City Attorney Catherine Lindley declined to comment Tuesday.

Mayor Rick West told The Virginian-Pilot on Tuesday “it’s just allegations.”

“I believe that the people of Chesapeake understand only one side of the story that’s been told about Amanda Newins,” West said. “And I don’t believe people in Chesapeake are going to come to any conclusions until the whole story is told. And that will come on (a) court date.”

Hamel, who was elected Chesapeake’s top prosecutor in 2021 after serving a term on the City Council, said in a statement Tuesday that Chesapeake police notified his office in September that the department was investigating Newins. He said he immediately petitioned the Circuit Court to appoint a special prosecutor.

“My office has taken no part in the charging decisions or the procedural process of this case,” Hamel said in the statement.

Several local Republicans publicly withdrew support from Newins after the lawsuit against her was filed last year, but many others remained on her side.

Hamel was among those who declined to support her. Others who joined him included the city’s sheriff, clerk of the court, treasurer, three council members and five School Board members. Continuing to support Newins were former U.S. Rep. Randy Forbes, two state senators, two state delegates, the city’s commissioner of the revenue, mayor, vice mayor, another council member and a School Board member.

Davis’ lawsuit against Newins is scheduled to go to trial in December. Davis is seeking $541,648 in compensatory damages and $350,000 in punitive damages. The case was assigned to a visiting judge after all of Chesapeake’s Circuit Court judges recused themselves.

Full Article & Source:
Chesapeake City Council member faces felony charge, is accused of stealing great aunt’s home

Thursday, October 7, 2021

Calistoga City Councilmember Lopez-Ortega, home care operator, charged with elder abuse

 

Calistoga City Council member Irais Lopez-Ortega in 2013, when she was appointed to fill a vacant position on the council.


by Cynthia Sweeney

Calistoga Vice-Mayor and City Council member Irais Lopez-Ortega, also the operator of two senior care facilities, has been charged with four felony counts of elder abuse by the Napa County District Attorney’s office.

Charges allege that two separate incidents occurred in June and July at Cedars Care Home, a 10-bed assisted living, residential care facility in Calistoga.

Lopez-Ortega has pleaded not guilty to all charges.

The District Attorney’s Office filed the charges Aug. 9 after investigating complaints by an elderly male resident of Cedars Care, as first reported in the Calistoga Tribune.

Additionally, action is pending to revoke the license of Lopez-Ortega’s L&B Care Home on Foothill Boulevard, another assisted living facility, according to the state's Department of Social Services. L&B was ordered to close on Aug. 6, and the department appointed an outside entity to run operations until the six residents can be relocated.

In July, responding to a complaint, the department inspected Cedars Care regarding an allegation that facility staff physically abused a resident in their care.

According to a complaint investigation report dated Sept. 9, video evidence from incidents in June and July reveal a staff member grabbing and pushing a resident, causing them to fall. Video also shows two staff members grabbing the resident by the arm and shirt and dragging them in the direction of a bedroom.

A second recorded incident shows a staff member pulling the resident away from the dining room table, resulting in another fall. The Department also obtained photo evidence of multiple bruises on the resident’s body.

The department issued an immediate civil penalty of $500, and additional civil penalties are under review.

After the department presented its findings, Cedars Care agreed to elder abuse prevention training from an outside vendor, according to the report.

Lopez-Ortega could not be reached for comment on Thursday.

Cedar’s Care was licensed in 1999. In 2013, Lopez-Ortega was cited by state regulators for running an unlicensed residential care facility for seniors, L&B, as reported in The Weekly Calistogan. That facility was licensed in 2017.

Lopez-Ortega was appointed to a vacant seat on the city council in February 2013 and has served on the council since then. The council unanimously voted to appoint Lopez-Ortega to the position of vice-mayor last December.

Mayor Chris Canning said Thursday that the current matter is not related to the city of Calistoga or in Lopez-Ortega’s role as a city council member. If convicted, however, she would not be allowed to serve.

A hearing will take place on Oct. 29 in Napa Superior Court.

Full Article & Source: