No Prison For Carlstadt Nurse Who Had Disabled Man Die In His Care

CARLSTADT, NJ — A licensed nurse from Carlstadt was sentenced Friday to time already served and no additional prison time for the death of a non-verbal, wheelchair-bound young man who died in his care in 2023, according to Morris County Prosecutor Robert Carroll.

The nurse is Emilio Rivera, 30, of Carlstadt. He was caring for Matthew Rossi, 19, who lived with his family in East Hanover. Rivera was employed by Bayada, the nursing services provider hired by Rossi's parents to care for their son. Rossi was autistic, could not speak and had congenital muscular dystrophy. He needed constant, 24-hour care, including the frequent suctioning of mucous from his mouth.

On Feb. 10, 2023, East Hanover Police received a 911 call of an unconscious man. Rossi had just arrived home on the bus from school, and Rivera was with him.

According to a lawsuit filed by Rossi's parents, Rossi developed coughing and respiratory distress on the bus ride home. They say their son required regular suctioning of mucous and secretions in his mouth and airway at various points throughout the day.

In fact, even the bus driver and an aide on the bus that day noticed Rossi was in distress, and they asked Rivera if they should pull over.

Rivera declined and told them to keep driving Rossi home, according to the lawsuit.

"Matthew became unresponsive after his coughing and respiratory distress went unnoticed and unattended to ... Rivera was asked by the bus aide and driver if the bus should be pulled over to address Matthew's condition, but Nurse Rivera declined," read the lawsuit.

Rossi's parents say neither Rivera nor the bus aide or driver dialed 911 or performed CPR or other resuscitation measures, and Rivera failed to suction and clear Matthew's airway, which was clogged with saliva and mucous.

Rather, Rivera instructed the bus driver to simply proceed to Matthew's home, which the bus driver complied with.

EMS and East Hanover Police tried CPR, but the young man died at the scene.

In late February, Rivera pleaded guilty to one count of endangering another person and one count of neglect of a disabled person, both crimes of the third degree.

On Friday, Rivera was sentenced to three years of probation. He already spent 90 days in the Morris County jail, and he also must serve 45 days with the Morris Sheriff’s Labor Assistance Program.

He was ordered to have no contact with the victim’s family. Rivera's nursing license will also be revoked.

Kirk and Anabela Rossi file a civil lawsuit against Rivera, Bayada and Sami Paedia Care of Totowa, the bus company that transported him to and from school.

Prior on this: Nurse Charged In Disabled Teen's Death In Morris County (2023)