Nurse assistant faces abuse charge w/ probable cause affidavit

By Jeff Lehr

jlehr@joplinglobe.com

A former employee of a Carthage nursing home is accused of striking an elderly resident in the groin and face, and forcing water into his nasal passages and lungs through his oxygen tubing to the point of choking him.

The incident allegedly took place on or about April 14, 2007, at the Carthage Health and Rehabilitation Center, according to the Missouri Department of Health and Senior Services.

A investigator with the department looked into the matter earlier this year, and a felony charge of second-degree elder abuse was filed against certified nurse assistant Dennis A. Rowe, 38, 17655 Isaac Road. Rowe is scheduled to appear Sept. 11 at a preliminary hearing in Jasper County Circuit Court.

Second-degree elder abuse is a Class B felony in Missouri, punishable by five to 15 years in prison.

Brandon Farmer, public affairs director for Northport Health Services of Missouri, which owns the nursing home in Carthage, said Rowe is no longer an employee there.

Farmer said that because of the confidential nature of the center’s records regarding employees and residents, he could not disclose when Rowe left the employment of the center or why. But, he said, it is the center’s policy that any time an allegation of abuse of a resident by an employee arises, it is reported to the Department of Health and Senior Services and is considered grounds for immediate termination.

A probable-cause affidavit filed with the court by state health investigator Gregrey Martin states that the elderly male resident in the case uses a wheelchair, and is the victim of a serious brain injury several years ago and unable to care for himself. It further states that he is “barely able to speak” and “requires continuous oxygen supplied by a nasal cannula.”

On the date in question, according to the affidavit, another male employee of the center asked Rowe how he was able to control the resident while caring for him. The affidavit states that Rowe said he would show him, and then struck the resident in the groin and slapped his face.

The affidavit states: “The defendant then took the humidification canister hooked up to the victim’s oxygen tube, turned the flow of the oxygen ‘all the way up’ and turned the canister over, forcing water into the victim’s nose, causing him to choke, ‘turn purple’ and spit out water. He continued with this until the other employee intervened and stopped him.”

The canister had about 12 ounces of water in it, the affidavit states.

“According to the victim’s doctor, this amount of water introduced into the nasal passages and lungs of the victim in his current physical state is sufficient to cause him serious physical injury, such as choking, drowning or pneumonia,” the document says.

The affidavit argues that the canister constituted “a dangerous instrument” because the defendant used it “knowingly and purposely” in a manner capable of causing death or serious injury.

The document does not name the elderly resident or provide his age. Nanci Gonder, spokeswoman for the state department, said that information is confidential under state law and cannot be released.