NEWS RELEASE
Office of Maryland Attorney General J. Joseph Curran, Jr.


November 8, 2001 Media Inquiries: Sean Caine 410-576-6357

GERIATRIC NURSING ASSISTANT IS CONVICTED FOR STRIKING 89-YEAR-OLD MAN

Attorney General, J. Joseph Curran, Jr., announced today that a geriatric nursing assistant, Darryl Stubbs, was convicted of abusing a vulnerable nursing home resident. Prince George's County District Court Judge Beverly J. Woodard suspended the jail term, placed Stubbs on one year probation and ordered him to perform 100 hours of community service.

Stubbs, 39, of 4311 23rd Parkway in Temple Hills, Maryland, was employed to provide care for residents at Adventist Health Care in Clinton, Maryland. In the morning of November 10, 2000, Stubbs was attempting to put shoes on James J., an 89-year-old man who suffers from renal failure, anemia and mild dementia, when another nursing assistant witnessed Stubbs strike the resident on the left side of his head. Stubbs struck the victim with his open right hand and the impact created a loud noise. After striking the victim, Stubbs left the room. The victim then exited his room and immediately reported the abuse to the Director of Nursing at Adventist. At trial, Stubbs testified that he did not hit the victim. Rather, Stubbs said that the victim hit him and that Stubbs merely raised his arms to protect himself. Stubbs' testimony was not found credible by the judge and he was found guilty of vulnerable adult abuse. The family of the victim, who has since passed away, attended the trial.

This case was prosecuted by the Medicaid Fraud Control Unit of Maryland's Attorney General's Office. The Medicaid Fraud Control Unit has jurisdiction to prosecute abuse and neglect of vulnerable adults in Medicaid funded facilities.

Abuse of a vulnerable adult is a misdemeanor, punishable by up to five years in prison and/or a $5,000 fine.

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