Defendant Allegedly Wrestled to the Ground and Punched a Nursing Home Patient.
New York, NY - August 1, 2018 - Attorney General Barbara D. Underwood announced the arrest and arraignment of Jerry Clarke, 57, of Rochester, a Certified Nurse Aide, for allegedly striking a nursing home patient. Clarke is charged with Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree and Willful Violation of Health Laws, in the Town Justice Court of Gates in Monroe County.
“My office will continue to prosecute those who endanger our most vulnerable residents,” said Attorney General Underwood. “New Yorkers deserve assurance that their loved ones will be appropriately cared for in skilled nursing facilities.”
The felony complaint alleges that in February 2018, Jerry Clarke was employed at the Creekview Nursing and Rehabilitation Center to work as a certified nurse aide. On or about February 14, 2018, Clarke allegedly wrestled and punched a 64 year-old patient who was known to be unable to take care of himself due to mental and physical disabilities. It is alleged that the defendant was on top of the patient punching him and yelling, “I told you not to try me,” as well as a derogatory racial epithet, as he continued to hit the patient. The felony complaint also alleges that Clarke smelled of alcohol and appeared to be high during the incident.
Clarke was arraigned on the above crimes in Gates Town Court by Judge Frank M. Cassara, who adjourned this matter to September 27, 2018.
The case was investigated by Investigator Kevin Wehbring, with assistance from Medicaid Fraud Control Unit (MFCU) Upstate Deputy Chief Investigator William Falk. The case is being prosecuted by Special Assistant Attorney General Timothy McFarland of the MFCU’s Rochester Regional Office. Catherine Wagner is Chief of Criminal Investigations-Upstate. The Medicaid Fraud Control Unit is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. The Criminal Justice Division is led by Executive Deputy Attorney General Margaret Garnett.
A criminal charge is an accusation. A defendant is presumed innocent until and unless proven guilty.