Update to "Yes, Elder Abuse Happens...Even In Idaho"
Back in January 2010, I wrote about the tragic death of Verda Nicks. Recall, Ms. Nicks was found because of the actions of a friend who was unable to get hold of Ms. Nicks. Unfortunately, Ms. Nicks was found emaciated and immobile on a urine-soaked bed in a house filled with feces, files and an unbearable stench. She died about six weeks later. Ms. Nicks' adult sons, David and Danny Nicks were charged by the Canyon County Prosecutor with felony criminal neglect in their care of their mother. The brothers were to be tried separately.
According to Kristen Rodine's article in the Idaho Statesman, on May 5, 2010, David Nicks was found guilty. According to the Statesman, David Nicks' attorney, Bill Schwartz did not call any witnesses for the defense during the two-day trial. Instead, Mr. Schwartz argued his client was not a "caretaker" and, thus, not responsible for the conditions, which he admitted were terrible. The jury didn't buy it and took less than 2 hours to deliberate and reach their unanimous guilty verdict. David Nicks plans to appeal.
Now it is Danny Nicks' turn. His trial is to begin on Monday, May 24, 2010. Mr. Schwartz is also Danny's defense attorney. Stay tuned for the result of this case.
Although there has been a conviction in this matter, Ms. Nicks' death remains a tragic tale. It also serves as a reminder to all of us to check on our elderly neighbors and friends to make certain they are well. Who knows, perhaps Ms. Nicks' life could have been saved if the authorities had been notified sooner.
UPDATE - According to a story on KTVB.com, Danny Nicks has pled guilty to one count of felony neglect. Mr. Nicks' guilty plea came on the second day of his second trial. His first trial resulted in a mistrial due to a deadlocked jury. The story indicates appeals of the convictions will follow. I will keep you posted on the appeals; such things, however, take quite a bit of time.
