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Sunday, April 28, 2024

Wrongful death suit alleges nurse sexually assaulted nursing home patient

Federal Court
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Garden Place Waterloo | Garden Place Waterloo

BENTON - Garden Place Waterloo, where nurse Kandy Gibson is accused of committing sexual abuse and aggravated battery on resident Jeannete Lentz, faces a claim that Lentz’s injuries resulted in her death.

Lentz’s daughter, Sandra Drake of Texas, sued Garden Place for her mother’s estate at U.S. District Court on Nov. 9, claiming Gibson was unfit for the job.

Drake also sued Gibson.

The alleged crime occurred on June 6, 2022, according to charges against Gibson.

Two days later, Circuit Judge Chris Hitzemann found a doubt as to her fitness to stand trial.

He ordered examination by Daniel Cuneo of Belleville.

Cueno filed a report, and the parties stipulated to it.

Hitzemann found Gibson unfit to stand trial and noted “substantial probability that the defendant, if provided with a course of treatment, will attain fitness in one year.”

Last September, he placed her in the state’s custody.

On Nov. 1, 2022, Lentz died.

Then in February, Hitzemann released Gibson on $75,000 recognizance bond. 

He barred her from Garden Place and all other assisted living facilities.

“Defendant must take prescribed medications,” he wrote.

In April, he set the criminal trial to begin in September.

Hitzemann continued it in August, finding Gibson and the state were negotiating.

On Nov. 6, Gibson’s counsel Arthur Morris of Columbia moved to prohibit the state from introducing a video statement of Jeanette Lentz.

“There is no exception to the hearsay rule which would allow admission of any such statements,” he wrote.

Drake’s civil suit followed in three days.

She claimed Gibson escorted Lentz, 87 years old and unable to walk, to her restroom.

She also claimed Gibson sexually assaulted Lentz, who physically and verbally tried to stop Gibson.     

Lentz allegedly yelled for help, and an employee entered the restroom and yelled to stop.

Drake claimed Gibson stopped the assault, and left the apartment.

Police allegedly questioned Gibson, and she admitted to the assault.

Drake claimed Lentz’s injuries directly and proximately caused her death.

The suit states that Lentz left daughters Drake and Kimberly Naughter and son Daniel Lentz.

Lentz's children claimed they have suffered grief, sorrow, and mental suffering and have been deprived of Lentz’s society, guidance, advice, love, affection and companionship.

The court clerk randomly assigned Magistrate Judge Reona Daly, who will preside unless a party declines consent to magistrate jurisdiction.

If that happens the clerk will assign a district judge.

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