No charges filed in case of elderly woman in home

Published: Saturday, April 2 2005 12:00 a.m. MST

The Salt Lake District Attorney's Office Friday declined to file charges in the case of an elderly woman found sitting in her feces and urine in her daughter's basement.

The woman had the ability to take care of herself but refused to do so, according to prosecutors.

In February, police and fire officials found a 72-year-old woman sitting in a chair in the basement of a house near 3800 South and 7400 West. Officials said they noticed a very foul smell upon entering the house.

Crews allegedly found the woman sitting in urine and fecal matter, which appeared to be several weeks old. She also had sores, open wounds and infections on her feet and legs that were so severe that one of her legs had to be amputated.

But from a criminal standpoint, DA spokesman Bob Stott said, prosecutors would have to show that the caretaker, in this case the daughter, caused the victim's injuries in order for elder-abuse charges to be filed.

"Our review of the evidence showed we didn't have sufficient proof of that," Stott said.

After an lengthy review by the district attorney's office investigators determined the elderly woman was physically and psychologically able to help herself.

"She certainly had the ability to move about and care for herself and had the mental capacity to do so but chose not to," he said.

When residents of the house found out about her condition they contacted authorities, Stott said.

In a letter explaining why it declined to file charges, the DA's office noted that the woman had canceled several doctor appointments prior to being hospitalized, did not take her medications and refused to follow her doctor's orders in general.

Even after she was hospitalized she refused to follow the advice of doctors, according to the letter. The district attorney's office said it would not be possible to convince a judge or jury beyond a reasonable doubt that elder abuse had taken place.


E-mail: preavy@desnews.com

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