A Nassau County Grand Jury returned an indictment of two former staff members at Fulton Commons in East Meadow in a sexual assault case. A licensed practical nurse allegedly fondled a resident while she sat in a wheelchair, and the director of nursing is accused of trying to cover it up.
In cases where the alleged victim is a vulnerable person such as a disabled or elderly person, prosecutors can include charges in addition to the underlying crime and seek higher sentences.
Endangering the Welfare of Vulnerable People
New York law has specific laws meant to protect vulnerable people – the elderly, incompetent, or physically disabled.
A vulnerable elderly person is defined as a person 60 years or older who is suffering from a condition associated with advanced age and exhibits physical, mental, or emotional dysfunction that leaves them unable to adequately care for themselves.
An incompetent or physically disabled person is defined as someone, regardless of age, who cannot care for themselves because of a physical or mental disability.
Endangering Charges Are Felonies
The two former staff members in this nursing home case are facing charges related to the treatment of a vulnerable person.
The former licensed practical nurse Daniel Persaud is accused of fondling a female resident at the facility between Oct. 1, 2020, and Nov. 26, 2020. Carol Frawley, a former director of nursing, allegedly failed to report Persaud’s conduct and falsified records in an effort to cover up the assault. Residents and staff made multiple complaints about Persaud. Both employees were apparently fired when the allegations became known. They were arraigned in Nassau County Court on Nov. 30, 2022.
Persaud has been charged with the following:
- Sexual abuse in the third degree (a class B misdemeanor)
- Endangering the welfare of an incompetent or physically disabled person in the first degree (a class E felony)
- Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree (a class E felony)
- Willful violation of public health laws (a misdemeanor)
- Forcible touching (a class A misdemeanor)
Frawley has been charged with the following:
- Endangering the welfare of an incompetent or physically disabled person in the first degree (a class E felony)
- Falsifying business records in the first degree (a class E felony)
- Willful violation of public health laws (a misdemeanor)
Felonies Are Punishable by Prison Time
Class E felonies are punishable by up to 4 years in prison for each count. A class A misdemeanor carries a possible punishment of up to 364 days in jail or 3 years of probation.
The Indictment further alleges that by failing to take disciplinary action against Persaud or report his conduct to the New York Department of Health, Frawley and Fulton Commons endangered the residents in their care.
“The charges against Daniel Persaud and Carol Frawley are disturbing and appalling, and that those tasked with the care of our most vulnerable could cause such harm violates the trust New Yorkers are expected to have in nursing homes,” said New York Attorney General Letitia James. “Fulton Commons, Frawley, and Persaud allegedly committed horrific abuses against a resident and knowingly hid those actions. These heinous crimes will not go unchecked — and my office will ensure these individuals are held accountable.”
Defense Strategies for Endangerment Charges
Charges of harming a vulnerable elderly or disabled person put the accused at risk of years behind bars and irreparable damage to their reputation and ability to find employment. At Collins Gann McCloskey & Barry PLLC, we believe every defendant has the right to aggressive and knowledgeable legal representation. We uncover the details of each case to create tailored strategies to vigorously defend our client’s rights.
If you face charges that involve sexual assault or the endangerment of a vulnerable person, put nationally recognized attorneys on your side. Schedule a free consultation by calling (516) 218-5131 or contacting us online.
