A Residential Care Facility for the Elderly (RCFE) admitted to the facility a resident diagnosed with dementia in violation of the conditions of the facility’s license. Despite growing evidence of his confusion, the resident was allowed to wander through the community unsupervised. When the resident ran in front of a car on a busy highway, the CEO of the RCFE was found criminally responsible for his death.
Christopher Edward Skiff appeals from the judgment after the jury convicted him of elder abuse (Pen. Code, § 368, subd. (b)(1)) and involuntary manslaughter (Pen. Code, § 192, subd. (b)) and found true allegations that the victim suffered great bodily injury (Pen. Code, § 368, subd. (b)(2)(A)) and that elder abuse proximately caused the victim’s death (Pen. Code, § 368, subd. (b)(3)(A)). The trial court placed him on probation for five years with various terms and conditions, including 180 days in the county jail.
Skiff contends there is no substantial evidence he committed either offense because: (1) he did not proximately cause the victim’s death, (2) he lacked the intent required for involuntary manslaughter and elder abuse, and (3) statutes and regulations applicable to RCFEs prohibited him from imposing restrictions sufficient to prevent the fatal accident. Court of Appeal affirmed.
Full Case Here: THE PEOPLE v. CHRISTOPHER EDWARD SKIFF, https://www.courts.ca.gov/opinions/documents/B296037.PDF
Anton Vialtsin, Esq.
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