Posted On: September 12, 2008 by David W. Terry

Missouri Certified Nurse Assistant Accused of Elder Abuse - UPDATE

In an earlier blog, we discussed a Missouri Certified Nurse Assistant accused of second degree elder abuse. Michael Wells, a former co-worker and friend of Dennis Rowe, the accused, testified on September 11, 2008 in Jasper County Circuit Court at Rowe's preliminary hearing.

On April 14, 2007, the day of the alleged assault, both men were employed as Certified Nurse Assistants at Carthage Health and Rehabilitation Center and were in the room of Benny Crowley. Mr. Crowley, a resident in his late 30s, suffered a brain injury several years earlier and is wheelchair bound and oxygen dependent. He also has posed some behavioral control issues for the staff in the past. Wells testified that he asked Rowe how he managed to control Mr. Crowley while caring for him. Rowe shut the door of the room, told him that "this was how he and another man who had worked there in the past had handled him" and struck Mr. Crowley in his testicles as hard as possible. Mr. Crowley started crying and Rowe began slapping him in the face, asking who had done this to him. Mr. Crowley, confused, responded that his roommate had done it. Wells further testified that Rowe tipped back the wheelchair and held the water cannister of the oxygen concentrator up so that water went through the tubing into Crowley's nose and lungs, causing him to choke. Wells stopped the abuse at that point while Rowe laughed.

Wells testified that he did not immediately report the abuse to the facility because he felt conflicted due to his friendship with Rowe. Wells went to the facility administrator the next day because Mr. Crowley was unable to defend himself against the abuse.

Judge Richard Copeland found probable cause to order Rowe bound over for trial for second degree elder abuse. While Mr. Crowley is not considered elderly by definition, "elder abuse" in the legal sense refers to "anyone unable to protect their own interests or to adequately perform or obtain services they need". Rowe faces a possible five to 15 years in prison for the offense. His next court date is September 22, 2008.