TRENTON – A nurse and a certified nursing assistant have been indicted in connection with the alleged assault of an elderly man at a Whiting rehabilitation center, state officials announced.
Attorney General Matthew J. Platkin said a state grand jury indicted Lisa L. Erikson, 56, of Manchester, on charges that include second- and third-degree aggravated assault, possession of a weapon for an unlawful purpose, neglect of an elderly or disabled adult, and assault on an institutionalized elderly person.
Joshua Benner, 34, of Brick, a certified nursing assistant, was indicted on one count of neglect of an elderly or disabled adult. Both worked at Whiting Gardens Rehabilitation and Nursing Center.
Authorities allege that on March 19, Erikson sprayed an elderly male patient with dementia, depression, and anxiety with her personal oleoresin capsicum (OC) spray after he damaged items in the facility. Prosecutors said she sprayed him twice at close range, leaving him on the floor for several minutes before he managed to stand and enter another resident’s room.
Investigators said Erikson and Benner then forcibly moved the victim back to his room, where he remained without medical help until police and emergency personnel arrived about 50 minutes later. He was treated at the scene and taken to a hospital.
“Residents of adult care facilities need to be treated with respect, dignity, and care,” Platkin said in a statement. “Physically assaulting a resident is inexcusable, and we will not stand by and allow such conduct to continue.”
Division of Criminal Justice Director Theresa L. Hilton called the allegations “extremely troubling,” while Interim Insurance Fraud Prosecutor Al Garcia emphasized that “safety is a top priority for residents of our nursing facilities.”
The case is being prosecuted by the Office of the Insurance Fraud Prosecutor’s Medicaid Fraud Control Unit, with assistance from the Manchester Police Department and the Ocean County Prosecutor’s Office.
Second-degree charges carry a potential sentence of five to 10 years in prison and a fine of up to $150,000. Third-degree offenses carry three to five years in prison and fines up to $15,000, while fourth-degree crimes carry up to 18 months in prison and fines up to $10,000.
The charges are accusations, and both defendants are presumed innocent unless proven guilty.
