Pensacola man arrested for allegedly trying to smother 86-year-old mother with pillow

by Benjamin Johnson

*Editor's note: This story has been updated to correct the age of the victim.

A Pensacola man was arrested Thursday morning after police were given a video that allegedly shows him attempting to suffocate an his 86-year-old mother.

Christopher Jerome Asmar, 54, is charged with two counts of attempted homicide and two counts of aggravated battery on a person 65 years of age or older after in-home caregivers of his mother saw Asmar allegedly beat her on Monday.

Asmar moved into the home around July, according to the arrest report, which is when caregivers said they began discovering unexplained bruises on his mother. The bruises always appeared in the morning after the caregivers were not on the property.

The caregivers told authorities they installed video cameras in the mother's living room where she sleeps "to make sure she was not falling out of bed, hurting herself unintentionally, and to find out how she was getting the bruises."

After picking the camera up Tuesday morning, one of the caregivers returned at 7:30 p.m. and hid behind the house where she heard Asmar "yelling obscene things" at his mother, seeing him "strike (her) with the pillow."

"(Caregiver) stated she could not watch any longer once she observed Asmar put the pillow over (the mother's) face and put his entire body weight on the pillow," the report states. "(She) stated it appeared as if Asmar was trying to suffocate (the mother)."

PPD officers were called and transported Asmar to the station for questioning.

Deputies viewed the recording from the cameras the caregivers installed, and reportedly saw Asmar striking the woman and screaming expletives toward her.

One video allegedly shows Asmar striking his mother in the face and body with a blanket multiple times while yelling "I'm done with your (expletive)."

While allegedly striking her with the blanket, he also allegedly said, "You wake up too much longer, I'll suffocate you myself."

"After striking her several times, Asmar is seen placing the pillow over (her) face and laying his weight on the pillow," the report states.

The report also alleges there are "several more videos" that show Asmar "berating" her as she calls out for help.

During Asmar's questioning, investigators reportedly showed him one of the videos of him beating his mother, and he identified himself, telling authorities "the video took place because he got angry" with his mother due to her dementia.

Asmar is held in Escambia County Jail without bond.

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Pensacola man arrested for allegedly trying to smother 86-year-old mother with pillow

Nursing home owner Bob Dean loses legal control as judge weighs Ida evacuation settlement

BY JOHN SIMERMAN

A Jefferson Parish judge is scheduled to consider a proposed class-action settlement Wednesday over nursing home owner Bob Dean Jr.’s botched evacuation of 843 south Louisiana patients for Hurricane Ida.

Dean likely won’t appear to testify, though he's received a subpoena. That's because a probate judge in Georgia last month granted a petition to appoint Dean's wife, Karen Dean, as his emergency guardian, records show.

Those records cite medical evaluations that “support a determination (Dean) is diagnosed with dementia, short-term memory issues, and bipolar disorder,” the court order states. 

In Georgia, judges may name a guardian or conservator if they find an adult “lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property.”

The Sept. 26 order grants Karen Dean authority over her husband's medical treatment, contracts and legal matters. It says Bob Dean, 69, is at least $40 million in debt. There is no end date to the guardianship, a court official said.

How the Georgia order might affect the hearing this week before 24th Judicial District Judge Michael Mentz is uncertain.

Dean's lawyers have long argued that Dean suffers from dementia, and he's managed to avoid giving sworn statements over the evacuation of seven south Louisiana nursing homes to a Tangipahoa Parish warehouse. 

His attorneys are also fighting Dean's subpoena, citing the guardianship order from Georgia. Forcing Dean to appear in a Jefferson Parish courtroom would be "oppressive, harassing, embarrassing, and unduly burdensome" for the former nursing home magnate, they argued in a request for a protective order.

"Dean's health and finances are in a state of collapse," they said.

Attorneys for some of Dean's former patients have cast doubt on that dire picture, suspecting an attempt to skirt accountability for the squalor he allegedly left his patients to wallow in at the warehouse in Independence.

Dean's attorneys claim he was "never the same" after he underwent dental surgery in April 2021, months before he launched an evacuation of his nursing homes as Hurricane Ida approached. 

More than a dozen residents died in the evacuation’s aftermath, though coroners have classified only five of those deaths as "storm-related.” Records show Dean, who wasn't there, ignored staff pleas for help and browbeat state health inspectors who were trying to intervene.

Dean’s seven nursing homes were seized by lenders after state health officials pulled his operating licenses shortly after the evacuation. He quickly got behind on paying off a mountain of debt on the vacant homes. His attorneys cite $40 million in judgments related to those and other debts.

Dean also faces criminal charges related to the ill-fated evacuation. Attorney General Jeff Landry’s office booked him in June on eight counts of cruelty to the infirm, five counts of Medicaid fraud and two counts of obstruction of justice. He has pleaded not guilty to all charges.

Advocates pushing for the settlement, led by attorney Rob Couhig, argue that time is wasting for elderly former patients who are rapidly dying off.

They say they’ve found little in the way of available assets to supplement insurance proceeds pegged at $13 million to $15 million. More than 100 of Dean’s former patients have died since the storm, attorneys estimate.

But lawyers for many of Dean’s former patients have balked at the proposed all-or-nothing settlement, calling it premature and claiming it lets Dean off the hook.

Morris Bart, whose firm represents scores of Dean’s former patients or their families, is opposing the proposed settlement, claiming it ignores possible assets Dean may be hiding.

Bart cites about $10.4 million that he argues could be available from additional insurance proceeds and frozen bank funds that Dean is trying to reclaim.

Staff writer Andrea Gallo contributed to this story.

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Nursing home owner Bob Dean loses legal control as judge weighs Ida evacuation settlement

Paychecks cut off for Caledonia probate judge whose law license had already been suspended

By Ethan Weinstein

Judge William Cobb. Law office photo

Caledonia County Probate Judge William Cobb, whose license to practice law was suspended earlier this year, will lose his salary beginning Nov. 3, the Vermont Supreme Court decided last week.

Cobb has the opportunity to file a motion for reargument about the salary decision, according to the Supreme Court’s Oct. 24 entry order.

Without his license to practice law, Cobb, a Democrat, will still appear on the Nov. 8 ballot. He’s being challenged by Annette Lorraine, a Peacham lawyer with nearly 30 years of experience who is running as an independent.

Cobb had been suspended with pay despite not being able to do his job. His law license, suspended on July 10, will not be restored until October 2023, and the Vermont Supreme Court reaffirmed that decision last month. 

In May, Vermont’s Professional Responsibility Board, which investigates ethics complaints against lawyers, found that Cobb had been “dishonest and deceptive” and had shown “little remorse.”

The board sanctioned him on five counts related to two different cases. According to the findings, Cobb disclosed confidential juvenile records and confidential client information, failed to provide competent representation because he did not review recordings of interviews or follow his client’s wishes about modifying conditions of release, and misrepresented his timekeeping.

In December 2020, Vermont’s Judicial Conduct Board sanctioned Cobb for abusing his judicial position to gain an advantage for one of his clients who was facing criminal charges. The board did not specify the nature of that abuse.

In addition to being the probate judge, Cobb is the sole practitioner at a St. Johnsbury law firm.

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Paychecks cut off for Caledonia probate judge whose law license had already been suspended

West Memphis caregiver arrested, charged with elder abuse after allegedly assaulting a patient

The Tennessee Bureau of Investigation said Catherine Daniels assaulted a patient inside their home in May.

Credit: Tennessee Bureau of Investigation

Author: Jackson Brown

WEST MEMPHIS, Ark. — A woman from West Memphis, Arkansas, has been arrested and charged following an investigation into the abuse of a vulnerable adult.

On June 3, TBI began its investigation into Catherine Daniels after receiving information of alleged abuse. 

During the investigation, agents determined, while working as an in-home caregiver on May 30, Daniels assaulted a patient at a house in the 2200 block of Meadow Glade Lane.

On October 13th, the Shelby County Grand Jury returned indictments charging Daniels with abuse of a vulnerable adult and neglect of a vulnerable adult. 

Daniels was taken into custody Tuesday by TBI and booked into the Shelby County Jail. Her bond is set at $10,000. 

Daniels is no longer employed as a caregiver. This remains an active and ongoing investigation, TBI said. 

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West Memphis caregiver arrested, charged with elder abuse after allegedly assaulting a patient

San Joaquin County judge censured for DUI crash, allegedly misleading officers

by Aaron Leathley

A San Joaquin County Superior Court Judge was publicly censured by California's Commission on Judicial Performance in October 2022 for his involvement in a car crash while under the influence.  Clifford Oto/The Record

A San Joaquin County judge was censured by a California judicial misconduct commission for causing a car crash while intoxicated and misleading police officers and bystanders about the incident, the commission announced Thursday.

"Judge (Michael J.) Mulvihill’s conduct reflects poorly on his integrity, (and) negatively impacts the public’s perception of him, and of the judiciary in general," the Commission on Judicial Performance said in a statement.

Mulvihill, who has served as a San Joaquin County judge since 2015, agreed to public censure to end a preliminary investigation into his DUI crash and subsequent comments to police on New Year's Day, 2022, the commission's decision stated. 

Commissioners stopped short of removing Mulvihill from the bench, saying, "The misconduct here does not rise to the level of wrongdoing in which the Supreme Court has imposed the ultimate sanction." Mulvihill's attorney, Paul S. Meyer, declined to comment on Thursday.

Judge Michael Mulvihill, right, after being sworn in in 2015.  Mulvihill faced public censure by a judicial misconduct commission in October following a DUI crash and what the commission described as misleading statements to police officers.  Clifford Oto/The Record

At about 6 p.m. Jan. 1 while driving, Mulvihill's car crashed into barriers on both sides of the road on Pacific Avenue near the Calaveras River in Stockton, according to the commission's description of the incident. No one was injured, a Stockton police spokesman said.

Before police arrived, Mulvihill tried to drive away, lying to bystanders attempting to keep him at the scene by saying the incident would be "extra bad" for him because he was a truck driver, according to the commission.

Mulvihill then walked away from the crash and was chased by a bystander, who convinced him to stay, the commission stated.

When a Stockton police officer arrived, Mulvihill told the officer he had been texting and driving, but did not disclose that he had been drinking, the commission stated.

When asked directly if he had been drinking, Mulvihill told the officer, "I had two beers." He later told an officer at the police station that he had had three pints of beer, according to the description of the incident.

After administering a sobriety test, police arrested Mulvihill for allegedly driving under the influence and texting while driving. A blood test taken about three hours after the crash showed his blood-alcohol content was 0.25 percent, more than three times the legal limit, the commission stated. The judge reported his arrest to the misconduct commission on January 4.

In June, Mulvihill pleaded no contest to DUI charges. He was sentenced three years of informal probation, a DUI class and 10 days in jail, the commission stated.

Since his arrest, Mulvihill has attended Alcoholics Anonymous daily and enrolled in a continuous alcohol monitoring program, the commission stated. In letters to the commission, Mulvihill's colleagues spoke about his "strong work ethic and fair administration of justice."

"The commission recognizes that all of the acts of misconduct ... arose out of one drunken lapse of judgment to get behind the wheel of a car," the decision stated. "However, that lapse is no more excusable here than when anyone else makes a similar mistake while under the influence."

The commission has the authority censure judges confidentially, publicly or remove them from the bench, Emma Bradford, the body's legal advisor, said. 

"Judge Mulvihill has taken significant steps to ensure that this behavior will never occur again," Presiding Judge Michael Coughlan of the San Joaquin County Superior Court said in a statement. "Through his actions following the incident, he has demonstrated a sincere commitment in that regard."

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San Joaquin County judge censured for DUI crash, allegedly misleading officers

EXCLUSIVE: Great-grandma uses cane to save elderly neighbor from violent purse snatching in Oakland

By Dion Lim

OAKLAND, Calif. (KGO) -- A remarkable story is coming out of West Oakland Sunday after a cane-wielding great-grandmother saved another senior from getting robbed in broad daylight!

Ring video from 76-year-old Miss Faye's home shows her running out her front door on the afternoon of Oct. 12.

She had spotted a vehicle she thought was a rideshare driver, cruising down the street. That's when she says a young man came out of the sedan and attacked her elderly neighbor, who is also in her late 70s. She knew she had to jump into action.

In the video you can hear her yelling for her German Shepherd Troy to come out and help. Since Troy was in the backyard, Miss Faye ran out with her cane to stop the attacker who was grabbing her neighbor's purse. She even used her cane to hit the car several times, which led to the suspect dropping her neighbor's purse.

"If my knees weren't hurting me, I think I would have been out there a little faster," She laughed.

When asked if she was scared to intervene, Miss Faye says not one bit.

"I never thought about it. Fear never crossed my mind, cos I'm crazy I guess," She says laughing. "I don't know. It's just something that's in my nature. I do things, and it doesn't bother me until a couple hours later. That's how I've always been."

Law enforcement never encourages people to interfere with a crime in progress, so Miss Faye is grateful, because this situation could have been much worse. She has these words of advice for a more harmonious community.

"Just try to be neighborly. Watch out for your neighbors and surroundings, even for your personal self, because so many things have been happening lately. Not just in Oakland, but all over the world. Just be aware of your surroundings. That's all I have to say about that," she said.

Miss Faye says her neighbors have been calling her a hero and bringing her pies and other food to show their thanks. According to her, the victim in this crime is a little bruised but now doing okay.

Source:
EXCLUSIVE: Great-grandma uses cane to save elderly neighbor from violent purse snatching in Oakland

Montana U.S. Attorney Hails Sentences for Elder Fraud and Abuse

by Peter Christian

Missoula, MT (KGVO-AM News) - U.S. Attorney for the State of Montana Jesse Laslovich hailed recent court cases and harsh sentences for those convicted of elder fraud and abuse in the state.

In an exclusive interview with KGVO News on Thursday, Laslovich shared the action of U.S. Attorney General Merrick Garland to focus on perpetrators of elder fraud and abuse.

“The Attorney General created a transnational Elder Fraud Strike Force in partnership with various U.S. Attorney offices throughout the country to ensure that we're holding people accountable who are exploiting older adults, as we call them, those over 60 years of age,” began Laslovich. 

Laslovich said there were hundreds of successful prosecutions that resulted in long prison sentences.

“Throughout the last year, we had over 260 cases involving over 600 defendants,” he said. “We had a case actually here in western Montana of someone who was a lawyer, but of course is no longer a lawyer, who is now in prison who was defrauding folks who he knew all of whom were over the age of 60, saying that he had a construction company. “He said that people could invest in the construction company, but instead he was investing in the futures market and lost a bunch of the money and started running a Ponzi scheme.”

In another egregious case, one Butte defendant embezzled over half a million dollars from a blind woman who trusted the defendant with her finances.

“Over $600,000, unfortunately, was stolen from that victim,” he said. “The issue in that case was that it was a caretaker, which made it particularly egregious and in our view, we look at those kinds of cases harshly. So it's one thing where you take advantage of someone who has a friend like the attorney in Corvallis where they have some kind of affinity and there's a trust there, which is egregious in and of itself, but it's another when you have been entrusted with the (physical and financial) care of someone else. In particular, someone who is disabled, who is in this instance blind, and stealing an exorbitant amount of money, over $600,000 from that person.”

KGVO asked Laslovich how friends and family of those who are elderly can help them avoid such criminal activity.

“If we have that skepticism or we ask questions; we ask other folks ‘Hey, John Doe is asking me to give him money. Have you heard about this? What do you think?’, and then of course, calling and asking state, local or federal authorities, here's what's been presented,” he said. “ Authorities can step in and ask, ‘Is there a crime occurring here or not?’ So people being vigilant, not hesitating to ask questions, and being disciplined about to whom they're giving their money will be a good start.”

Laslovich said the Elder Fraud Strike Force has added 14 new U.S. Attorney’s Offices, including Montana.

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Montana U.S. Attorney Hails Sentences for Elder Fraud and Abuse

21st District Probate Judge gets law license reinstated

Republican Probate Judge Peter Mariano speaks with Kathleen Donovan of Naugatuck on in May during the 21st Probate District Democratic nominating convention at Shepardson Community Center in Middlebury. Andreas Yilma Citizen’s News

By Andreas Yilma Citizen’s News

NAUGATUCK — 21st District Probate Judge Peter Mariano had his law license reinstated on Oct. 26 after about a year of it being inactive.

The district encompasses Naugatuck, Prospect, Beacon Falls and Middlebury. Probate courts oversee decedents’ estates and trusts, and handle a wide range of issues affecting children, the elderly, and people with intellectual and psychiatric disabilities.

Mariano, 62, of Naugatuck, was sentenced May 9 after he pleaded guilty to two counts of operating under the influence as a first offender and class B misdemeanor reckless endangerment on charges from last year. He served four days in jail earlier this year.

Before Mariano was sentenced and afterward, he was allowed to continue being probate judge because Mariano was grandfathered to a time when having a law license was not a requirement of being probate judge.

“I’m delighted that I have the law license back,” Mariano said. “I practiced law for 37 years and I’ve had an unblemished record in the practice law and as probate judge.”

Mariano said his law license will be effective as of Nov. 3.

Mariano’s friends — borough attorney Ned Fitzpatrick, attorney Carlos Santos, Naugatuck Mayor N. Warren “Pete” Hess, state Rep. David K. Labriola, R-Oxford, and attorney Kevin H. McSherry — sent a letter, last year, to Judge Salvatore C. Agati at Waterbury Superior Court asking the judge to suspend Mariano’s law license so he could get treatment as he previously struggled with alcohol before he was charged.

His same friends recently sent another letter asking for his law license to be reinstated several months ago to Salvatore.

“The Office of Chief Disciplinary Counsel has received from the respondent, Peter E. Mariano, statements and documentation that disability referenced in count one of the amended presentment is being managed and the attorney is fit to presume the practice of law,” according to Waterbury Superior Court documents from Judge W. Glen Pierson.

Mariano said he submitted a certified copy of the Council on Probate Judicial Conduct findings from July, during his reinstatement of his law license.

No one testified against Mariano during his reinstatement, he added.

“There is not a record of complaints about his competence, integrity, demeanor or attention to his duties during that tenure,” according to the findings of the council on probate judicial conduct

“As a result, at the time of this public hearing Judge Mariano has been performing his duties in the Naugatuck Probate Court for more than seven months. The fact that he has performed his court responsibilities without negative incident and demonstrated a commitment to sobriety for that length of time is a credit to him,” the council on probate judicial conduct also stated in its findings.

Mariano previously asked for leave to address his alcohol issues where he received treatment soon after he was charged late last year.

For the past year, Mariano said he has conducted all of his probate hearings as the judge and his top priority has been being the judge and he’s recovering.

“My commitment was to my sobriety and my judgeship,” Mariano said.

Mariano, who is nearing the end of his fifth four-year term and has run unopposed for 16 years, is seeking reelection in the Nov. 8 election as he faces against state Rep. Rosa Rebimbas.

Mariano said his past borough firm where he was a partner, Fitzpatrick Santos Sousa Perugini, has asked him to return to practice law. He plans to return to the firm and looks to return to the probate judge seat as well.

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21st District Probate Judge gets law license reinstated

Flagstaff caregiver convicted of sexual assault

The victim's family sued the facility alleging negligence and elder abuse. Records show the facility settled.

Author: Bianca Buono

FLAGSTAFF, Ariz. — A medical technician at a Flagstaff nursing home is awaiting sentencing after he sexually assaulted an elderly woman with memory issues who he was supposed to be caring for.

Jonathan Chesley, 41, was found guilty of sexual assault, vulnerable adult abuse, aggravated assault and tampering with physical evidence.

Chesley was working as a medical technician at The Peaks, a nursing home in Flagstaff. He was working in the memory care unit on the morning of January 24, 2021, according to a report from the Flagstaff Police Department.

Chesley encouraged his two colleagues to take breaks at the same time, leaving him alone. That's when records show he walked into the room of an elderly woman with memory issues and sexually assaulted her.

Another employee walked into the room and witnessed it.

According to police, that employee screamed as she saw Chesley with his pants down standing over the victim.

In the minutes following the assault, documents show Chesley frantically grabbed cleaning supplies and went back and forth into the victim's room at least three times. 

Police arrived at the facility and Chesley initially told detectives he was changing the victim's clothing and his pants were too big so they fell down. However, he was subsequently arrested.

Earlier this month, he was found guilty. Chesley is scheduled to be sentenced in Coconino County Superior Court on December 1.

Flagstaff PD says they did not discover any additional victims in their investigation.

Michele Ortiz, the executive director of The Peaks, released the following statement:

"The Peaks, A Senior Living Community (The Peaks) is aware of the allegations and charges made against a former employee. Although we cannot comment on the specific allegations made against the former employee, The Peaks has been cooperating with the Flagstaff Police Department and the office of the County Attorney, and will continue to cooperate as needed. The safety and well-being of our residents is our highest priority. We are fully committed to providing a safe and caring environment for our residents."

Family says facility was negligent

The disturbing incident prompted the victim's family to file a civil lawsuit against Chesley, The Peaks, Northern Arizona Senior Living Community, and the Goodman Group which manages the facility.

The lawsuit alleged the facility was negligent. 

Prior to working at The Peaks, records show Chesley was a school teacher. He then worked at Brookdale, another assisted living facility. He was terminated for mishandling patient medications.

The civil suit also alleges employees at The Peaks broke protocol in leaving Chesley alone in the memory care unit. It says there was a delay in reporting the assault and Chesley was allowed time to dispose of evidence and have continued access to the victim.

Court records show a settlement was granted earlier this year.

ADHS involvement 

Online records show Arizona's Department of Health Services conducted a survey at The Peaks in December 2020, a month before the assault. ADHS records indicate surveyors did not go back until August 2022.

12News emailed ADHS asking if they conducted an investigation following the sexual assault but ADHS has not responded.

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Flagstaff caregiver convicted of sexual assault