Criminal Defense

Cobb County jury deadlocked on caregiver’s felony murder charge

By March 6, 2020March 9th, 2020No Comments

Caregivers employed at an assisted-living facility in Georgia are held to a higher standard of duty, and any allegations of abuse, injury or death of a resident may result in severe penalties. A Powder Springs man employed as a nightshift caregiver at an East Cobb facility was charged with felony murder, elder abuse and elder neglect over the death of a 91-year-old resident in his care. The Cobb County jury, however, failed to convict the facility employee of the felony murder and elder abuse charges, as reported by the Atlanta Journal-Constitution.

Prosecutors were unsuccessful in convincing the jury that the caregiver fatally beat the former World War II veteran during an August 2017 overnight shift. The employee testified that he caught the resident while he was falling from his bed, but he failed to respond to the patient’s complaints of being in pain. The resident then left frantic voicemail messages on his daughter’s phone asking her to rush to the facility as he believed he was dying. The patient was transported to a hospital the following morning where doctors found he had a damaged kidney, broken ribs and a lung that was punctured. The jury was deadlocked in determining beyond a reasonable doubt that the nightshift worker intentionally murdered the man placed in his care.

In some cases, a victim of elder abuse or wrongful death may have had a history of issues stemming from the care and treatment given by another caregiver or nursing home. Without proper communication and assistance in resolving problems quickly when they occur, matters may escalate into serious injuries. According to the Atlanta Journal-Constitution, Georgia has some of the worst nursing homes in the nation. Reportedly, the Peach State’s investigators are slow to respond to elder abuse and incident reports, which may help to contribute to a resident’s untimely death.

Directions:

From I-75: Exit at the Highway 120 (South Marietta Parkway) (Exit #263) and follow the signs to KSU Marietta Campus.

You will be headed west and cross over Cobb Parkway (US 41).

Continue until you get to the intersection with Atlanta Street.

At the traffic light turn right onto Atlanta St. (going north).

Atlanta Street will take you straight to the Marietta Square.

Prior to entering the Square, you will see Anderson Street a block before the Square.

Turn Right onto Anderson Street. The Lawyer’s Building will be on your right.