April 03, 2011 (Press-News.org) A 78-year-old dementia patient in a nursing home killed a 70-year-old living on the same floor by bashing his head with a door, authorities said, but it's unclear whether he will be charged with homicide.
Ray Dunmyer Jr. was charged with aggravated assault and transferred to another facility
Two nurse's aides discovered Shaw lying in a pool of his own blood and saw Dunmyer slamming a heavy wooden door against Shaw's head, state police Trooper Kenneth Durbin said.
The aides struggled to control Dunmyer, who hit one of the aides in the face and kicked the other in the back before they could subdue him, Durbin said.
The Cambria County coroner ruled Shaw's death a homicide Tuesday, saying he died of head trauma from being struck with the door. Shaw also had bruises all over his body from being beaten, the coroner found.
The Standard for Competence to Stand Trial in Pennsylvania
The problem for prosecuting Dunmyer will be the question of competence to stand trial. Over the years, the courts developed a standard for determining if a person was competent to stand trial.
Pennsylvania courts said the test to be applied in determining the legal sufficiency of mental capacity to stand trial is not the insanity standard of knowing 'right or wrong', but rather the ability to comprehend one's position as one accused of murder and to cooperate with counsel in making a rational defense.
This standard was eventually codified by the legislature in a statute, "Incompetence to proceed on criminal charges and lack of criminal responsibility as defense."
The statute provides the definition of incompetency:
- Whenever a person who has been charged with a crime is found to be substantially unable to understand the nature or object of the proceedings against him or to participate and assist in his defense, he shall be deemed incompetent to be tried, convicted or sentenced so long as such incapacity continues.
It appears Dunmyer may have little ability to understand the charges against him and less ability to help defense counsel. Should the Commonwealth attempt to prosecute, the court, the prosecuting attorney or Dunmyer's counsel could request an examination to determine his competency to stand trial. If he is found incompetent, he could be subject to an order directing involuntary treatment.
This process can be increasingly complex, involving matters of criminal law and potential deprivations of personal liberty. If you have any questions related to these issues, you should contact an experienced criminal defense attorney.
Article provided by Gover, Perry & Shore
Visit us at www.ngplawfirm.com
Dementia Patient Mentally Competent to Stand Trial?
A 78-year-old dementia patient in a nursing home killed a 70-year-old living on the same floor by bashing his head with a door, authorities said, but it's unclear whether he will be charged with homicide.
2011-04-03
ELSE PRESS RELEASES FROM THIS DATE:
Medical Malpractice Claim Filed on Behalf of Client
2011-04-03
Our firm was recently retained by a 54 year old patient who suffered headaches and back pain following an epidural injection. Several days later when he presented himself to the emergency room he had a temperature of 101 degrees, severe headache and was beginning to lose bladder and bowel control.
An emergency room physician gave him one dose of antibiotics. A neurosurgeon discontinued the antibiotics and treated the patient with steroids. During his four day hospital admission he received no additional antibiotic therapy. He was discharged with a diagnosis of arachnoiditis.
After ...
Motorcycle Helmets Necessary for Safety
2011-04-03
A British inventor at the University of Sussex Innovation Centre recently launched a new motorcycle helmet to the market that promises to reduce terminal brain swelling and the long-term effects of traumatic brain injury, both of which commonly occur in motorcycle accidents. The helmet, called the ThermaHelm, contains pockets of ammonium nitrate and water. In the event of a crash, these pockets combine, causing a chemical reaction that cools the interior of the helmet, thus reducing the risk of brain swelling.
Protective Clothing and Equipment Is Essential
Though ...
Workers' Comp Fraud Much Lower Than Industry Estimates
2011-04-03
For years, the insurance industry has carefully created an image of workers taking advantage of the workers' compensation system by faking their workplace injuries or making them out to be much worse than they really are. They have blamed injured workers for taking taxpayer money and putting a financial strain on employers who must continue to pay ever-increasing workers' comp insurance premiums to cover the fraudulent claims.
The truth, however, is that the vast majority of workers' comp claims are filed by honest, hard-working people who sustained legitimate on-the-job ...
Medical Malpractice: Alarm Fatigue Threatens Patient Safety
2011-04-03
Hospitalized patients face many risks in the aftermath of major surgery or during treatment for a severe illness. Medication errors, infection risks, improper charting and failures to respond to patient complaints can lead to immediate complications with tragic consequences. One example of nurse malpractice that has gained recent attention is "alarm fatigue" -- failing to respond to warnings from cardiac monitors, respiratory monitors and other machines that track a patient's vital signs.
A recent Boston Globe investigation showed how increased dependence on monitoring ...
Driver Faces Federal Charges After Fatal Pennsylvania Truck Accident
2011-04-03
In January 2009, 57-year-old Valerijs Belovs was driving a semi-truck with faulty brakes outside of Philadelphia. When rounding a curve on the I-76 expressway, Belovs saw that traffic had halted but was unable to stop his large tractor trailer, which was carrying a load of produce to New Jersey.
The truck slammed into stopped traffic, killing 49-year-old David Schreffler. Recently, Belovs pled guilty to vehicular homicide and now faces federal charges due to 15 falsified entries made in his logbook prior to the 2009 truck crash.
Federal prosecutors discovered that ...
Infants Endure Unnecessary Radiation From X-Rays
2011-04-03
After an infant endures a complicated labor or a birth injury, the doctor may recommend an X-ray or other scan to assess the harm caused. An X-ray can give the doctor a good picture of the injuries and allow the doctor to quickly determine the appropriate treatment in many cases.
Parents often willingly agree to an X-ray without understanding that proper care may not be provided in the X-ray room to protect their infant from excess radiation. At the State University of New York (SUNY) Downstate Medical Center in Brooklyn, New York, one doctor uncovered that a disturbingly ...
SENTIDO Hotels & Resorts Announces Quality Award Winner
2011-04-03
SENTIDO Hotels & Resorts has awarded the Quality Award to its Perissia Hotel on the Turkish Riviera.
SENTIDO, the international hotel brand, implemented a Quality Assurance Programme on entering the market in 2009. It assesses different factors so as to obtain extensive results on levels of satisfaction.
Firstly, compliance with the SENTIDO standard is regularly examined so that guest in every hotel of the brand experience the same good service. Added to this are regular checks by external quality officers and unannounced visits from anonymous hotel testes. Direct ...
Debenhams Launches its 'Diet in a Swimsuit'
2011-04-03
Debenhams launches its innovative new 'Slimsuit' which has been dubbed a 'diet in a swimsuit' for its ability to create the illusion of instant inch-loss.
The fashion retailer is expecting record sales of the swimsuit, following customer research revealing that 92% of women dread getting into their swimwear and 55% of those questioned said they slimmed down prior to their holidays.
As a result, Debenhams took the measurements of 5,000 British women to help create the perfect figure-sculpting shapewear swimwear.
Sasha Nagalingham, swimwear buyer at Debenhams, said: ...
British Airways Increases Flights to Tampa
2011-04-03
British Airways has opened up its Gatwick gateway with a growing route network that has firmly established it as the airport's leading long haul carrier.
The latest addition is the increased frequency of flights to Tampa in Florida. A daily flight will now operate rather than 5 times weekly, allowing customers more choice when it comes to their family holidays in Florida.
Tampa is the perfect gateway to holidays in Clearwater, St Petersburg and Sarasota, as well as a host of other holiday hotspots on the Gulf coast. Tampa airport has recently being voted the third ...
Stena Line Recommences Service on Holyhead to Dun Laoghaire Route
2011-04-03
Stena Line has announced that the HSS Stena Explorer will recommence service on its Holyhead to Dun Laoghaire route on Friday April 1 until Tuesday September 13 to cope with the additional demand over the summer period.
The reintroduction of the HSS Stena Explorer will provide Stena Line with the ability to handle higher volumes of foot passengers as Dun Laoghaire Harbour provides passengers with an adjacent Dart connection straight to Dublin City and the surrounding area.
The vessel which caters for up to 1500 passengers and 350 cars, boasts the Metropolitan and ...
LAST 30 PRESS RELEASES:
FIU cybersecurity researchers develop midflight defense against drone hijacking
Kennesaw State researcher aims to discover how ideas spread in the digital age
Next-generation perovskite solar cells are closer to commercial use
Sleep patterns linked to variation in health, cognition, lifestyle, and brain organization
University of Oklahoma researcher awarded funding to bridge gap between molecular data and tissue architecture
Nationally-recognized pathologist Paul N. Staats, MD, named Chair of Pathology at University of Maryland School of Medicine
The world’s snow leopards are very similar genetically. That doesn’t bode well for their future
Researchers find key to stopping deadly infection
Leafcutter ants have blind spots, just like truck drivers
Tayac receives funding for community engagement project
Parker receives funding for Elementary Education Program Professional Development School (PDS)
Physicists uncork a message in a bottle from another star
Sanders receives funding for project aimed at enabling prostheses for children with lower extremity amputation
Engineers develop solid lubricant to replace toxic materials in farming
Repurposing gemstone polishing waste to create smart cement
Patient-physician messaging by race, ethnicity, insurance type, and preferred language
Unrecognized motor difficulties and developmental coordination disorder in preschool children
Background genetic variants influence clinical features in complex disorders
Smarter battery tech knows whether your EV will make it home
Overactive microRNAs block fat cell development in progeria
Crosswalk confusion: MA drivers flummoxed by pedestrian hybrid beacons, find UMass Amherst researchers
Study shows heart disease mortality disproportionately burdens low-income communities in California
Intracardiac echocardiography recognized as ‘transformative’ imaging modality in new SCAI position statement
Study finds ‘man’s best friend’ slows cellular aging in female veterans
To get representative health data, researchers hand out fitbits
Hiring in high-growth firms: new study explores the timing of organizational changes
Boosting work engagement through a simple smartphone diary
Climate change may create ‘ecological trap’ for species who can’t adapt
Scientists create ChatGPT-like AI model for neuroscience to build one of the most detailed mouse brain maps to date
AI and omics unlock personalized drugs and RNA therapies for heart disease
[Press-News.org] Dementia Patient Mentally Competent to Stand Trial?A 78-year-old dementia patient in a nursing home killed a 70-year-old living on the same floor by bashing his head with a door, authorities said, but it's unclear whether he will be charged with homicide.