Tuesday, August 30, 2022

Kannapolis Police Arrest Woman For Exploiting Elderly Patients At Nursing Home

by Samantha Gilstrap

Nina Elaine Barkley
KANNAPOLIS, N.C. — A woman working at a local nursing home In Kannapolis has been charged for using her position of trust to gain access to an elderly patient’s bank account in order to withdraw $45,000 from the victim’s savings.

The Kannapolis Police Department charged Nina Elaine Barkley, 52, with three counts of felony exploitation of an elder/disabled adult and one count of felony identity theft following a six-month-long investigation into the incident.

Police say Barkely was a staff member at Big Elm Nursing Center, where she used her position of trust to gain
access to a person’s bank account.

Barkley withdrew $45,000 of the victim’s life savings over a period of several months, according to a news release.

During the investigation, detectives discovered Barkley had also exploited other victims in other local cities and she has been arrested on those additional charges.

Barkley is currently being held in the Mecklenburg County Jail.

Anyone with more information on this case is asked to contact Investigator Wesley Wilson at 704-920-4031 or wwilson@kannapolisnc.gov.

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Caretaker of Senior Couple Sentenced for Stealing Hundreds of Thousands from Elderly Couple’s Bank Accounts

Department of Justice
U.S. Attorney’s Office
Southern District of Florida

FOR IMMEDIATE RELEASE
Friday, August 26, 2022


Caretaker of Senior Couple Sentenced for Stealing Hundreds of Thousands from Elderly Couple’s Bank Accounts

Miami, Florida – A U.S. federal district judge sentenced 52-year-old Sherri Lynn Smith to 51 months in prison, followed by four years of supervised release for stealing nearly $300,000 from two seniors by accessing their bank accounts while employed as their caretaker.   

From 2016 to 2019, Smith worked as a caretaker for an elderly couple in Broward County.  As part of her duties, Smith had access to the victims’ bank accounts to assist them with paying their monthly bills.  Smith used her access to the victims’ finances to embezzle approximately $300,000 out of the victims’ accounts without their knowledge or consent.  She accomplished this by writing and forging the victim’s signature on checks made payable to herself, her family members, and her creditors; initiating Zelle electronic money transfers from the victims’ accounts to her own bank account; and making electronic payments from the victims’ accounts to her and her husband’s numerous credit card accounts.

In addition to sentencing Smith to prison and supervised release terms, the judge entered a forfeiture money judgment in the amount of $288,865.92 and ordered Smith to pay $168,895.92 in restitution.  United District Judge Thomas P. Barber, of the Middle District of Florida, presided over this Southern District of Florida case.

Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and Robert M. DeWitt, Acting Special Agent in Charge, FBI Miami, made the announcement.  

FBI Miami investigated the case.  Assistant U.S. Attorney Diana M. Acosta prosecuted it.  Assistant U.S. Attorney Emily Stone is handling asset forfeiture. 

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. The mission of the Department’s Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s seniors. To learn more visit https://www.justice.gov/elderjustice.  The public is encouraged to report victimization and suspected fraud schemes by calling the National Elder Fraud Hotline at 1-833-FRAUD 11 (1-833- 372-8311).  

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-14023.

Source:

Bedridden Texas mother found in ‘deplorable’ health, open bed sores and mold on body; adult children arrested

By Max Thornberry

A Texas woman died after police found her in a San Antonio home, bedridden and in declining health. 

Patricia Martinez, 58, had been confined to home hospice and was supposed to be cared for by her three children. However, Bexar County Sheriff Javier Salazar said police found Martinez in her home in "deplorable" conditions, including finding open bed sores and mold growing on her body. Martinez was removed from her home and taken to a hospital on Aug. 18. 

Oscar Dominguez, 37; Roxanna Carrero, 24; and Pedro Carrero, 18 were charged with injury to a disabled individual causing serious bodily injury 

Oscar Dominguez, 37; Roxanna Carrero, 24; and Pedro Carrero, 18 were charged with injury to a disabled individual causing serious bodily injury  (Bexar County Sheriff's Office)

"This is an extremely heartbreaking case of injury to a disabled person," Salazar said. 

Police arrested Martinez’s three children, Oscar Dominguez, 37; Roxanna Carrero, 24; and Pedro Carrero, 18; and charged them each with injury to a disabled individual causing bodily injury, a first-degree felony. Salazar noted a first-degree felony is "along the same level as murder would be." 

When Martinez’s doctors noticed a "steep decline in her level of health," they notified Adult Protective Services, which notified police. 

Salazar said police found Martinez was in "such deplorable conditions that we felt the need to take resolute action very quickly." 

Salazar spoke with reporters before Martinez died and said at the time that she was not expected to live. The sheriff also said it was possible the charges against Martinez’s children could be upgraded. 

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Monday, August 29, 2022

Borrello takes up issue of guardianship reform in NY

By Olean Times Herald staff

State Sen. Anthony Palumbo (left) and state Sen. George Borrello sit across from advocates of guardianship reform Thursday. Across the table are (from left) Teresa Kay-Aba Kennedy, Libra Max and Christine Montanti.

State Sen. George Borrello joined fellow Sen. Anthony Palumbo Thursday in hosting a forum in New York City to highlight the need for guardianship reform to protect vulnerable seniors and offer policy proposals for next year’s legislative session.

Earlier this year, Palumbo, R-Long Island, introduced Karilyn’s Law, which is named after Karilyn Montanti, a senior and victim of the guardianship system, whose loved ones have been denied due process rights to be heard and the right to an evidentiary hearing, which would simply allow family and friends to visit.

After the introduction of this legislation, Palumbo’s office received a number of emails and phone calls from throughout the state detailing the hardships families have experienced due to the current guardianship laws.

“It is truly heartbreaking to hear these stories, to talk to families who are unable to visit loved ones, especially older individuals in guardianship who have limited time remaining to see their children and grandchildren,” Palumbo said during the Guardianship Roundtable.

Borrello, R-Chautauqua County, said the government’s first duty is to protect the health and safety of its citizens.

“Guardianships can protect vulnerable seniors and incapacitated adults and children,” he said. “But just as a guardianship can be used as a shield to protect the vulnerable, and it can also be used as a weapon by feuding family members to punish their rivals.

“People deemed ‘incapacitated’ by a judge can have their homes sold and estates drained with complete disregard to whatever end-of-life decisions they made,” he added.

Advocates who spoke at the roundtable included Christine Montanti, daughter of Karilyn Montanti, Teresa Kay-Aba Kennedy and Libra Max, daughter of artist Peter Max.

“We have cases where adult children are being barred from seeing their sick and dying parents by a guardian,” Borrello continued. “Anyone who has sat vigil by the bedside or held the hand of a sick or dying loved one knows that is fundamentally wrong.”

The senator said testimony gathered will help in drafting legislation to reform the guardianship system to ensure accountability and protect vulnerable seniors from being victimized by unscrupulous court-appointed guardians and the system itself.

BORRELLO HONORS DANVILLE MAN

A Livingston County resident whose heroic actions helped save the life of a drowning man in the Niagara River was honored this week.

Sean Needham was presented with a New York State Senate Liberty Medal for the lifesaving assistance he rendered on Dec. 16, despite the risks it involved to his own life and safety. The medal is one of the highest civilian honors that a New York resident can receive and involves a months-long application process and approval by the Senate majority leader.

Needham, a commercial diver, was working with other members of the BIDCO Marine Group diving team repairing supports on the Niagara River’s Bird Island Pier when they heard a group of fishermen yelling and running towards the water with a life preserver.

“As soon as they realized someone was in trouble, Sean Needham and his colleagues didn’t hesitate; they sprang into action, jumping into the rescue boat to find the drowning individual. Upon reaching him, he resisted their rescue attempts,” Borrello said. “Knowing they only had minutes before hypothermia would take the man’s life, Sean dove into the fast-moving, frigid water where he was able to swim to the victim, get his arms around him, and pull him back to the boat.”

Once in the boat, Needham and his fellow divers worked to prevent the man from going into shock and hypothermia by dousing him with hot water to raise his body temperature. When they were back on land, EMS took over and transported the man to the hospital.

“At a time when it can be easy to get discouraged by a steady stream of bad news, Sean is an inspiring reminder that there is still good in the world,” Borrello said.

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Defamation suit over allegations of elder abuse in Aiken has been settled


by Matthew Christian

Aug. 26—Aiken businessman Cody Anderson's lawsuit against another funeral home owner is over.

John Harte, Anderson's attorney, and Jeffrey Kull, attorney for Ed Hatcher and the Hatcher Funeral Home, jointly filed a stipulation of dismissal on Aug. 12.

In the stipulation, Harte and Kull say the suit should be dismissed with prejudice meaning Anderson can't sue Hatcher again over the claims made in the suit.

Harte said Friday afternoon that the suit had been settled. He added he could not speak about the specifics of the settlement but added amends were made.

He said he was well-pleased with the settlement as Anderson's attorney and that it spoke well of both men.

Anderson sued Hatcher on April 5 over Facebook posts Hatcher allegedly made regarding allegations made in another lawsuit that Anderson used undue influence to get an elderly woman, Mary Margaret Wenzel Crandall, who had been diagnosed with dementia in 2018 to sign a will in 2020.

Crandall died in early January and a battle began between Anderson, who was named as executor in the 2020 will, and Thomas Bateman, who stood to inherit under the 2020 will, and Wanda Scott, Crandall's accountant, and Ray Massey, her attorney, over what will should be used to distribute the assets valued at over $8 million in her estate.

Scott and Massey filed paperwork in late January arguing that the court should use a will signed in 2001 to distribute Crandall's assets. In that will, Scott and Massey were named as the people responsible for distributing Crandall's assets.

Anderson filed paperwork on Feb. 17 and March 1 arguing that the court should use a will signed by Crandall in 2020 to distribute Crandall's assets. In that will, Anderson was named the executor, the person who would distribute Crandall's assets.

Eventually, the case moved from the Aiken County Probate Court to the Aiken County Court of Common Pleas. And on March 17, Scott and Massey argued that Anderson had used undue influence to convince Crandall to sign the 2020 will which led to Hatcher's alleged Facebook posts.

Harte issued a statement shortly after the Aiken Standard published a story on the allegations of elder abuse in which he said Anderson would concede that the 2020 will didn't meet the requirements of South Carolina law.

Judge Courtney Clyburn Pope ruled on April 21 that the 2020 will was invalid because it didn't meet the witness requirements in South Carolina Probate Code.

Clyburn Pope then dismissed with prejudice — Anderson can't bring them again — the arguments Anderson made that the 2020 will should be used.

Scott and Massey then agreed to dismiss their claims of action against Anderson. Anderson and the funeral home agreed to dismiss their claims of action against Scott and Massey. Both of these dismissals were made without prejudice and can be brought again.

Clyburn Pope then ordered the case returned to probate court to use the 2001 will to distribute Crandall's assets.

On June 21, Anderson filed suit against Massey and Scott alleging that the allegations of elder abuse and undue influence were made without evidence and with no investigation.

That case remains pending as of 1:17 p.m. Friday.

However, Massey and Scott have filed a motion to dismiss in which they argue that Anderson's allegations don't state facts sufficient to give rise to a cause of action.

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Former Ringgold caregiver charged with strangling man sparks talk about elder abuse

Hamilton County Sheriff's Office

CHATTANOOGA, Tenn. — UPDATE:

A life-threatening situation occurred in one quiet neighborhood on Friday when police say a woman paid to help take care of a Chattanooga man with ALS instead robbed and tried to strangle him.

The incident has sparked conversation about elder abuse and Monday we spoke to an expert about how often these cases happen.

According to an arrest affidavit, a former nurse’s aide entered the home of a man in his 70’s who she previously helped care for.

The report states Marcella Edge, also known as Marcella Collins, put a rag in his mouth, laid him flat on his bed and poured water on his face before leaving the home with a stolen amount of 4,000.

Monday we spoke to Shannon Bennett, Director of Sales at Brookdale Senior Living, about elder abuse cases.

"Elder abuse is a rapidly growing problem because the senior demographic is rapidly growing," Bennett says.

"85% of seniors over the age of 80 are going to have some sort of cognitive decline," she adds.

According to the arrest affidavit, the victim had Lou Gehrig's disease, or ALS.

We asked Bennett: Are the elderly, a vulnerable population?

"Absolutely. They're a vulnerable population," she answered.

Bennet says this this is a common concern she hears from loved ones of those who need nursing care.

"They stole from us, they came in, they slept the whole time. They didn't take care of her, I hear that all the time, all the time," Bennett says.

We looked into the aide’s medical license, which says she didn’t face any disciplinary action in the past.

She faces charges of aggravated burglary, aggravated robbery, attempted first degree murder and aggravated abuse of an elderly or vulnerable adult.

WTVC

EARLIER:

A former caregiver was arrested for allegedly strangling her former patient, according to a police affidavit we obtained over the weekend.

On Friday, August 19, officers responded to a home invasion on Scrapeshin Trail.

According to the affidavit, the victim told officers with assistance from his two caregivers that a former employee came to his home Thursday night and spent 30 minutes to an hour assaulting him by means of strangulation.

The victim told police he begged for his life and identified the suspect as Marcella Collins.

The man told police Marcella stuffed an orange and white checkered rag into his mouth, laid him on the bed, held his nose shut, and poured water in his face.

The rag was found in the washing machine when police arrived and the victim identified it as the one used in the attack.

According to the affidavit, during the altercation, Marcella told the victim, “Are you going to send me a 1099 now?"

The victim told the police he thought he was going to die.

Prior to the assault, the victim stated he had $4,000 in cash in a small box near his bed, but that money was removed from the box after the incident.

According to the affidavit, he told police, that he closed his eyes to give off the impression he was dead and Marcella left the scene.

During the course of the investigation, police learned Marcella was fired last Wednesday.

Police learned the victim wanted to give Marcella a 1099 form for tax purposes.

Police were able to locate Marcella at a home in Harrison where she was arrested.

According to the affidavit, during an interview with police, Marcella said she left the Harrison home on Thursday, and went to Burger King and then to the victim’s house where she parked her red Jeep in the driveway. She told police she was told to come to the home to pick up items and to enter through the side door that was open for her to enter.

Marcella said during her interview with the police. she gave the victim a bath that he needed, changed his linens, and placed them in the washer to be cleaned.

She also said her Jeep contained $4,000 in cash located inside the glove box and most of the items that she took from the home.

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Sunday, August 28, 2022

92-year-old grandma and grandson are on a mission to visit every US national park together

Brad Ryan, 41, and his 92-year-old grandmother, Joy Ryan, are nearing the finish line on a goal they once thought was impossible: visiting all 63 U.S. national parks together.

The duo from Duncan Falls, Ohio, kicked off their adventure in October 2015, when Brad was looking for a way to spend a three-day weekend during veterinary school. He said the idea was sparked by a conversation he had with "Grandma Joy" about his past adventures on the Appalachian Trail. 

"I felt bad that she was always living vicariously through my stories," Brad told "GMA." "And so just knowing that she had never seen deserts and mountains and the ocean and these incredible wild places on Earth, it just felt like a responsibility that I had to her to make sure that she had some memories to take away in her life story as well."

Brad invited his grandma on a weekend trip to the Great Smoky Mountains National Park, anticipating it would be their only excursion together.

"You don't assume going into that that your 85-year-old grandmother going with you on a camping trip is going to be anything less than challenging," Brad said. "That was my fault. That was my misperception of what age means and more importantly, what her spirit would allow her to do."

"I've always tried to be positive in my life and it didn't hurt to try something once," Grandma Joy said. "I didn't want to have to regret the next day that you didn't do it."

PHOTO: 92-year-old Joy Ryan gleefully watches bears catch fish at Katmai National Park and Preserve in Alaska.
Brad Ryan, @GrandmaJoysRoadTrip
92-year-old Joy Ryan gleefully watches bears catch fish at 
Katmai National Park and Preserve in Alaska.

Brad began documenting their adventures on Instagram and Facebook to the account @GrandmaJoysRoadtrip in 2019, and they quickly acquired a large following. Today, they boast nearly 58k followers on Instagram.

"We didn't expect that," Grandma Joy said. "He just put that on the social media so the people back home in Duncan Falls knew what we were doing."

National Parks Services Chief of Public Affairs and Chief Spokesperson Jenny Anzelmo-Sarles said in a statement that "Grandma Joy, and her grandson Brad, are an inspiration to us all."

"National parks are best enjoyed with the people we love, and it is clear to see that Joy and Brad share a special bond, which has been strengthened by their time traveling together," Anzelmo-Sarles said.

They had visited 29 parks until the COVID-19 pandemic forced them to slow down.

"All we could do was hope that things would change and that those opportunities would still be there and then be grateful for everything that we had been able to do and see up until that point," Brad said.

In July 2021, Grandma Joy and Brad embarked on one of their wildest adventures yet: visiting the eight National Parks of Alaska, where they went white water rafting down class three rapids, hiked near glaciers and fjords and crossed a wild animal encounter off Grandma Joy's bucket list.

"I always wanted to see the bears get the fish and I finally got to see it. And it was fun, it really was," Grandma Joy said.

PHOTO: 92-year-old Joy Ryan poses while hiking in Gates of the Arctic National Park and Preserve in Alaska.
Brad Ryan, @GrandmaJoysRoadTrip
92-year-old Joy Ryan poses while hiking in Gates of the 
Arctic National Park and Preserve in Alaska.

After years of planning and traveling, Grandma Joy and Brad are almost able to hang up their hiking boots: the duo has just one national park left to explore, the National Park of American Samoa which is over 6,700 miles from their home town of Duncan Falls.

While they're looking forward to the day they visit their final park, Brad said completing their extraordinary feat will be "bittersweet."

"It's been a grand adventure, it really has," Grandma Joy said. "It's really been a beautiful, beautiful time. And I wouldn't trade it for anything."

As for advice from Brad and Grandma Joy, they encourage everyone to seek out opportunities for exploration.

"We realize that not everybody is going to be able to travel to every U.S. National Park," Brad said. "But there is some adventure to be found in every corner of of the country and we hope that people will go out and seek that adventure."

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Nursing home workers at 24 facilities throughout Pa. issue notices to strike


By Briana Smith

PITTSBURGH (KDKA) -- Workers at two dozen nursing home facilities across Pennsylvania have sent out notices that they intend to strike. 

SEIU Healthcare Pennsylvania says Guardian Healthcare and two chains owned by Mordy Lahasky, Comprehensive Healthcare and Priority Healthcare, have refused to bargain in good faith.

"This workforce has been through so much," said SEIU Healthcare Pennsylvania President Matt Yarnell. "They've been called heroes. Now's the time to pony up and make these good jobs."

Healthcare workers at facilities like The Grove at Irwin, The Grove at New Castle, The Grove at Washington, Beaver Valley Healthcare and Rehab and Clarion Health and Rehab voted to send out strike notices for unfair labor practices.

"We as a union want to make sure that people get good high-quality care, workers have a seat at the table through their union, and we want these careers to be good careers," said Yarnell. "We want the people to be protected, respected, paid and staffed."

The strike notice involves issues related to the use of agency staff or the regulatory staffing ratios set to go into effect this year.

The union says management also offered lower raises than last year, despite nursing homes receiving $600 million in state funding. Yarnell said they need to set minimum wages to $16 an hour for ancillary people who do the housekeeping and maintain a safe space. 

"We need to set wage minimums for certified nursing assistants," said Yarnell. "Twenty dollars an hour walking in the door and we think we have to set minimums of $25 for nurses, and those are minimums. We also need to get significant increases for people who have been there."

The workers have a list of demands including a substantial increase in wages, employer-paid health insurance and ensuring employers follow new state regulations.

"They need to be able to put their family on their healthcare," said Yarnell. "Many of these folks caught COVID, took it home to their families and couldn't cover their families with their care," said Yarnell. 

By law, nursing home administrators must receive a 10-day notice before a strike. If nothing changes and the two sides don't come to an agreement, the strikes will begin on Sept. 2. 

"Nobody wants to go on strike on Sept. 2, and at the same time, I think our members are really righteously angry," said Yarnell. "We've done all this work. We fought so hard. We want to make these good jobs and we're met with tremendous resistance to invest."

Yarnell said they'll continue to have conversations with the companies.

KDKA reached out to Guardian Healthcare for comment but hasn't heard back yet. KDKA was unable to get in contact with anyone from Comprehensive Healthcare and Priority Healthcare because of their lack of contact information. 

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Suspects in elder abuse case indicted for murder

by Hannah Hageman

The two people charged in the elder abuse and neglect case have now been indicted for murder by a Christian County Grand Jury.

The indictments against 43-year-old Jacob Gilstrap and 39-year-old Ann Harrison of Oak Grove are for first-degree criminal abuse, knowing abuse/neglect of an adult, knowingly exploiting an adult over $300, eight counts of second-degree cruelty to animals and murder. The victim in the case, 70-year-old Anthony Wayne Gilstrap, died recently at ContinueCARE Hospital in Madisonville, following emergency medical care due to the state of his health.

The indictments allege that while in a caretaker role, they forced Anthony Gilstrap to live alone in deplorable conditions inside a camper outside of their Timberline Circle home between March 1 and July 10. Medical staff reported signs of sepsis, gangrene, an open wound to the bone of the victim’s leg and numerous pressure ulcers consistent with neglect. Bilateral leg amputations were necessary, according to the warrant.

Jacob Gilstrap and Harrison were in charge of the victim’s finances and bank staff confirmed to police that the victim’s account was overdrawn every month until his social security check was deposited. In addition to a monthly withdrawal to pay for the college dorm of Harrison’s son, there was a monthly electronic transaction for a life insurance policy on the victim.

The couple sold the victim’s home sometime early last year for $135,000 and used the money to buy a Jaguar sports car for Harrison and the camper that they moved to their home.

The grand jury also indicted 31-year old James Fourqurean of Hopkinsville with first-degree assault, alleging that on March 1 of this year he worked with another suspect and assaulted a woman with a bat while she was asleep. The victim required 11 staples to her head, according to the warrant.

Indicted for first-degree sexual abuse is 27-year-old Mikayvion Merritt of Hopkinsville—he allegedly made forcible sexual contact with the victim in November of 2021.

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