complaint·December 23, 2024

The investigation revealed the following: In regards to the allegation : “Due to lack of supervision, R1 physically assaulted R2 resulting in injury and hospitalization. ” It is alleged that without provocation, R1 began to strike R2 in the face with his right closed fist approximately 8-10 times, R2 sustained laceration to his upper right eyebrow which required hospitalization. This investigation was completed by Investigator Patterson with the Investigations Branch. Per interviews conducted by Investigator Patterson, the physical fight was unforeseen and that the fight started in the main lobby over a light switch being turned on/off by R2. Interviews supported that the two female caregivers on duty did not physically intervene due to both residents using their walking canes as weapons to strike each other. Statements revealed that the caregivers on duty gave the residents verbal instructions to stop and that 911 was promptly called. R1 believed that neglect occurred due to him having to protect himself and because the caregivers were unable to speak English. R2 denied neglect and believed that if the caregivers had intervened, they too may have been hurt. Per review of the police report and video footage of the incident, the footage (with no sound) shows the two caregivers on duty responding within the minute of the altercation. The police investigation regarding this incident was closed due to District Attorney rejection. Based on statements and interviews conducted with residents and staff as well as reviewed files and documentation, there was not enough supportive evidence to corroborate the allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED. Exit interview and a copy of this report was provided to Alexander Solorio, Asst. Administrator.