Crime & Safety
Felony Elder Abuse Charges Leveled Against 2 In Santa Cruz
The charges were filed after an elderly man with dementia died.
SANTA CRUZ, CA — The owner and an employee at a residential care home in Santa Cruz County are facing criminal charges after a man with dementia went missing from the facility in 2022 and died from cold exposure.
California Attorney General Rob Bonta announced the charges Wednesday against the owner of Rose Garden Residential Care Home and one of its employees.
The criminal complaint was filed in late January, more than two years after the care home near Watsonville had its license suspended in December 2022, according to state records.
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That was about a month after the victim, 88-year-old Andrew Hegarty, wandered away from the home and died from exposure to the cold, according to the attorney general's office.
"The investigation revealed that the staff member responsible for his care fell asleep and was unaware of his absence," said a press release from Bonta's office.
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He was found dead about a half-mile from the facility, which is located at 310 Hathaway Avenue, in an unincorporated area of Santa Cruz County north of the city of Watsonville.
Despite having its license suspended, the care home was still in operation nearly a year later, when, in October 2023, an unannounced inspection by the California Department of Social Services found that, "Staff is not physically and mentally capable of caring for residents in the facility," according to inspection reports.
One of the defendants named in the criminal complaint, Candie Gomez Rogers, is listed as the business' owner in the California Secretary of State's registration records and is listed as the primary contact on the business' website, which was still online as of Thursday.
Requests for comment by phone and email late Thursday were not returned.
The other person charged was identified in the complaint as Librada Gomez Najera.
The two are identified in the Department of Social Services report as Candi and Librada Ortiz.
Citing a witness, the Social Services inspector alleged that there was a staff member who was developmentally disabled but was still put in charge of residents. The staff member was not named but was identified as the adult daughter of the facility's owner.
Both are each facing one felony count of elder abuse that was charged with an enhancement because of the victim's age and known vulnerability.
"Elders deserve care, respect, and protection," said Attorney General Bonta. "Those who are responsible for the care of elderly and dependent adults carry a profound duty to ensure their safety and well-being. At the California Department of Justice, we are committed to standing against any form of elder abuse or neglect, and we will take immediate action to hold accountable those who exploit or harm these vulnerable individuals."
The case was investigated and is being prosecuted by the state Department of Justice Division of Medi-Cal Fraud and Elder Abuse.
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