Woman received a summons to appear in the Bristol County New Bedford District Court for:
- Assault and Battery on an Elder or Disabled Person with Injury – M.G.L. c. 265, § 13K(b)
A woman who worked as a healthcare aide at an assisted living facility was alleged to have committed an assault and battery against a ninety-one (91) year old patient. One of the nursing assistants that worked alongside the patient reported to a supervisor that she witnessed the woman strike the patient three times with an open hand. The patient’s body had several bruises, which were photographed and provided to police as evidence. The alleged misconduct was reported to the Executive Office of Elder Affairs and Bristol Elder Services. The woman was fired from her job. Dartmouth Police filed an application for a criminal complaint against her alleging Assault and Battery on an Elder or Disabled Person. The woman received a summons to appear for a Clerk-Magistrate’s Hearing in New Bedford District Court and she hired Massachusetts Criminal Defense Attorney, John L. Calcagni III, and his team to defend her against the allegations.
Case Result: Applications for Criminal Complaint Denied
The woman maintained her innocence. Following this hearing, the Clerk-Magistrate determined that there was no probable cause to believe the woman committed alleged the offense. He denied the application for criminal complaint and the case was dismissed.