Attorney for Man Accused of Assaulting 85-Year-Old Asks Judge to Issue Warrant When She Didn’t Show for Court

CLEARFIELD – An attorney for a man accused of assaulting an 85-year-old woman in a nursing home asked a judge to issue a warrant when she did not appear in court for a hearing Tuesday.

Chris Pentz, who is representing Chance Talen Myers, 27, of Morrisdale, told Judge Paul Cherry that he had subpoenaed the victim to attend a competency hearing that was scheduled for motions court.

Assistant District Attorney Jendi Schwab responded by saying the victim isn’t “physically able to be here.”  Several members of her family said they were present in court on her behalf.

Pentz then asked that if she is not able to come to court for a hearing, how could she come to court for a trial?

Schwab responded that the victim could not get here on her own, but someone else could bring her.

Cherry denied Pentz’s request for a bench warrant, and suggested a competency hearing be scheduled for a separate time, adding that he wasn’t disregarding the subpoena.

However, Cherry did state that currently he had no information on the victim’s physical condition to review.

Myers is charged with neglect of care of a dependent person, strikes/shoves/kicks/ or attempts to threaten a care dependent person, simple assault and recklessly endangering another person, all misdemeanors.

The charges stem from incidents in March at the nursing home in Lawrence Township where Myers worked and the victim was a patient.

According to the affidavit, the resident reported that an employee fitting the description of Myers had stepped on her foot, grabbed her by the neck and pushed on her head. He also allegedly flipped her walker upside down in an effort to make her fall, she claimed.

She stated that he had been abusing her for approximately a month.

The supervisor who took the report was allegedly able to see bruises on the victim’s neck, foot and chest areas. She was taken for an evaluation of her injuries at Penn Highlands Clearfield.

When a police officer spoke with the victim, she stated that Myers “scares and hurts her.” This officer was also reportedly able to see the bruises, which he photographed.

Police said the victim was questioned three separate times and always told the same story she originally reported to other employees of the nursing home.

In a review of her records, it was discovered that the victim who frequently needed assistance and would often use her call bell, began to request help less often after the alleged abuse was to have started, according to the complaint.

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