A state agency says that a local nursing home failed to keep a violent man from assaulting a resident.
"Her past four months have included being assaulted and three major operations," said Tim Maloney, the attorney representing 77 year-old Janice Maier. "That's the thanks she gets for trusting these people."
Her family not only wants justice against Daniel Villareal, the man police say choked and beat Maier last October, they want the Brookdale Living Center on Nacogdoches to be held accountable for leaving their back door unlocked. Kens 5 has learned that the Texas Department of Aging a disability has finished it's investigation and revealed the facility neglected to "to have a key to lock the door" and that "no headcount was taken after the alarm sounded."
"They didn't even bother to check to see if my client was okay," said Maloney. "We give them our grandparents and our parents to protect," he added. "I don't think it's a hell of a lot to ask to do one thing. Lock a door."
The regional vice president for the Clare Bridge Brookdale Senior Living Center John Nienstedt, told Kens 5 that no employees were fired following the incident and that they will remain open after they provided a plan of correction to the state.
"The man was obviously deranged and was able to bypass security and get through," said Nienstedt. "Our associates were able to prevent him from making contact with other residents."
But the family doesn't feel that same way. "They can remain open but the truth is, should they?" asked Maloney.
Villareal is still awaiting trial.
