MINERAL COUNTY – A
resident of Thompson Falls in Sanders County was convicted last week of
the abuse and exploitation of an elder in Mineral County after a four
day jury trial.
Daryl Enos Strang
was arrested in late April 2014 on suspicion of abusing and exploiting
84-year-old Superior resident Ben Poat, according to Mineral County
District Court documents filed by Mineral County Attorney Marcia Boris.
Strang pleaded not guilty to the two felony counts but was convicted by a
jury that deliberated for a little over two hours before returning with
a unanimous verdict.
Boris said she was satisfied with the verdict. She said the jury’s
decision sends a clear message about the treatment of the elderly in
Mineral County and hopefully indicates what could happen if more cases
are uncovered.
“I think the reported cases of elder abuse and
exploitation are only the tip of the iceberg,” Boris said.
“I am certain
we don’t know the full extent of the elder abuse and exploitation that
is actually occurring -- many times it goes unreported and undetected
and often these cases are really difficult to prosecute. I hope this
case serves to raise awareness in our area about the problem of elder
abuse and exploitation and sends the message that those individuals who
take advantage of and victimize our elderly population will be held
accountable.”
According to the prosecution and testimony from
the defendant himself, Strang met Poat in 2007 and began to occasionally
help him out with taking care of his affairs on his property. Strang
testified he visited Poat sometimes once a month or more to check on him
and would also visit when Poat’s family were unable to contact him to
make sure he was well.
In October 2013, Poat was diagnosed with severe dementia which was
determined after a psychological assessment according to court
documents.
After a report of suspected elder abuse in
September 2013, a social worker from the Montana Department of Health
and Human Services Adult Protective Services Division visited Poat at
his home and discovered he was suffering from untreated melanomas on his
back and face. Poat was reportedly also living off of milk and peanut
butter and his beloved animals were living in squalor and suffering
severe health issues.
According to information disclosed during the
trial, Strang obtained power of attorney over Poat’s property and assets
including access to his bank accounts. Wells Fargo Bank records show
that Poat’s account had $108,065 on Jan. 31, 2013, $98,836 on March 31
and $36,811 as of Aug. 31.
Shortly after the caseworker discovered the
conditions Poat was living in, Poat’s sister contacted the Mineral
County Sheriff’s Office and reported her belief that Strang was to blame
for the neglect. She also reported she believed Strang exploited Poat
to gain possession of vehicles, property and other personal belongings
including Poat’s prized Harley-Davidson motorcycle.
At an October hearing, Attorney Lance Jasper was
appointed to be Poat’s guardian by District Judge Ed McLean and the
Western Montana chapter for the Prevention of Elder Abuse was appointed
Poat’s conservator to manage what assets he had left.
According to information disclosed during the trial, Strang told
Sanders County Detective Doug Dryden that he was aware Poat was
experiencing health issues but that Poat was fully aware he was granting
Strang power of attorney and what that meant concerning oversight of
his property and other assets.
After three days of testimony that included
several character witnesses that testified Strang had a very positive
reputation in the Thompson Falls community and was active with his local
church, the trial ended with closing arguments from the defense and the
prosecution.
A member of the viewing public was ordered to
leave the courtroom after shouting at Boris during her closing. The case
was sent to the jury and after nearly two hours of deliberation, they
unanimously convicted Strang on both charges. Boris said the jury of
Strang’s peers arrived at the proper verdict.
“I think the jury came to exactly the right
decision, Boris said. “Justice was served. This was a fairly complex
case and there was a lot of information provided to the jury over the
course of the trial. They had the toughest job of anyone involved --
determining what the facts are and applying the law to those facts and
making a determination of guilt or innocence -- and they performed their
duty admirably.”
Boris said this was not the first case of elder
abuse she has tried in the past. She said she had hoped Poat would live
to see the outcome of the trial but unfortunately, he passed away before
the proceedings commenced.
“This case is the second case I’ve taken to trial
that involved the financial exploitation of older people,” Boris said.
“The first was an embezzlement case in which the defendant targeted
mostly elderly victims. Each case I prosecute is different and is
heartbreaking in its own way. It is unfortunate that he (Poat) passed
away prior to the conclusion of the criminal case and didn’t get to live
to see justice done.”
According to Boris, much of the credit for
uncovering the exploitation was due to the efforts of Poat’s guardian,
Lance Jasper. She said it was through Jasper that assets were recovered
and Poat was able to live out the rest of his life at home which he
expressed on multiple occasions was his wish.
“It was really through the efforts of Mr. Poat’s
guardian, Lance Jasper, that the full extent of the financial
exploitation came to light,” Boris said. “There was relatively little in
the way of resources available by the time Mr. Strang’s actions came to
light and Mr. Jasper worked tirelessly to recover a great deal of the
property which had been taken from Mr. Poat, and to ensure that there
were sufficient resources that Mr. Poat was ultimately able to stay in
his home until the end of his life, as he wanted to do.”
Strang will be sentenced on March 9. Attempts to contact Strang’s attorney for a statement went unanswered.
Full Article & Source:
Guilty verdict handed down in trial
