Dementia Patient’s Pepper-Spraying Ends In Indictment For Nurse, Nursing Assistant In Ocean County

TRENTON, NJ — A nurse and a nursing assistant from Ocean County have been indicted in connection with a March incident where a 87-year-old dementia patient was pepper-sprayed and left without assistance for 46 minutes, the state Attorney General's office said.

Lisa L. Erikson, 56, of Manchester, and Joshua Benner, 34, of Brick, were indicted Sept. 9 by a state grand jury in the March 19 incident at Whiting Gardens Rehabilitation and Nursing Center in Manchester, state officials said.

Erikson, a licensed practical nurse, was indicted on two counts of aggravated assault, one second degree and one third degree; possession of a weapon for an unlawful purpose; neglect of an elderly or disabled adult, and assault on an institutionalized elderly person.

Benner, a certified nursing assistant, was indicted on a charge of neglect of an elderly or disabled adult, state officials said.

In April, Manchester police said they were called to Whiting Gardens for a report of an altercation between staff and a patient. Erikson told police the elderly patient suffers from dementia, depression, and anxiety; about 8 p.m. he had become agitated and began damaging property within the facility, authorities said. Erikson said she used her personal pepper spray on the man in response to a perceived threat, in an attempt to de-escalate the situation. The man was then kept in his room until police and emergency medical personnel arrived.

Surveillance footage showed the patient damaging property at the nurses' station then walking down the hallway, carrying a computer mouse and a phone, in a manner that did not appear aggressive or threatening, police said at the time. Erikson is then seen approaching the patient from behind and spraying the pepper spray directly to his face at extremely close range, and spraying him twice, police said.

He can be seen falling to the floor and with no one helping him for several minutes before he crawled to stand up and entered another resident’s room, police and the attorney general's office said. He was forcibly moved to his room by Benner with assistance from Erikson, police said. The man then stayed in his room without medical aid for approximately 46 minutes before Manchester EMS arrived and rendered medical assistance before taking the man to Community Medical Center for further evaluation, police said.

"Residents of adult care facilities need to be treated with respect, dignity, and care," Attorney General Matthew Platkin said. "Physically assaulting a resident is inexcusable, and we will not stand by and allow such conduct to continue. These defendants will be held accountable."

"The allegations in this indictment are extremely troubling," said Division of Criminal Justice Director Theresa L. Hilton. "This was a physical assault on an elderly victim, who was then left to wait for treatment for his injuries. The Office of the Insurance Fraud Prosecutor is prosecuting this case accordingly."