Really? She didn't move?

[Gilhelmi]

The victim can't press charges. Only the authorities can do that. The victim can only file a report/complaint. And I don't know if attempted manslaughter qualifies, but some charges can be filed even WITHOUT a complaint.

There should be enough witnesses that the victim may not need to file a complaint. Also, with the 'assisted living' (depending on local laws and the exact nature of the complex) the facility or family might be able to file the complaint on the victims behalf.

Good news is that if/when (more likely when) the authorities press charges, they can call the witnesses to testify, sparing the victim of being further traumatized.

[Shyla]

The shunning is good support for the victim too. Actions CAN speak louder than words. I feel so sorry for the victim. People that age know a broken hip can lead to a fast decline. She's probably still really scared even with no broken bones.

[ADeMartino]

Oh, I think she'll have a new place to stay...assuming the victim presses charges, which she should. I hope she does. The driver may have dementia problems or something but with actions like that, someone's going to want to evaluate her mental state.

The victim can't press charges. Only the authorities can do that. The victim can only file a report/complaint. And I don't know if attempted manslaughter qualifies, but some charges can be filed even WITHOUT a complaint.

[Seshat]

Ah, okay. Here, it depends on which type of facility it is: if it's one where the resident is deemed to require care, duty of care applies. If the residents are deemed to be self-care, it doesn't.

Some places provide a mix of both: having little cottages for the independant people, and rooms in a larger building for the more helpless.

[Sapphire Silk]

Isn't that the litmus test for (legally) crazy, would the person have still done this if the police were there and watching?

No. To be legally mentally ill she would not have to know her actions were wrong when she did them. It's a hard standard to prove; most insanity defenses fail.

That resident sounds like a sociopath; might be fore the best that she gets evicted - who knows who else will 'get in her way' next!

She could be a sociopath . . . or she could have dementia of some kind. Only a complete mental health evaluation could tell.

Poor lady is undoubtedly traumatized by what happened, and knowing that sociopath deliberately ran her over and feels no remorse. She might need counseling as well as physical care.

She could end up with PTSD. She could use professional counseling.

I am a little surprised she's not in police custody, truthfully.

Well, as is said later, the police charged her without arresting her. That happens from time to time. The cops probably don't think this will happen a second time, especially if they seized the car.

A judge probably would have released her on a low bond or on her own recognizance. She's really not the kind of person we want in jail. Take the car away, and she isn't in a position to do this again.

If she's sufficiently disabled (including potential dementia) to be incapable of providing for her own well-being, the residential facility probably owes her something called "duty of care". This would mean that she can't be evicted unless somewhere equally capable (or better) of caring for her can take over her care.

It doesn't work that way in retirement communities or assisted living facilities in the US. They provide minimal levels of actual health care; the expectation is the resident is self care.

She would have to be declared legally incompetent to put her in a facility that could keep her and everyone else safe.

[Deserted]

You're right, it is.

And from my point of view, she's evil.

Fair enough.

[Jay 2K Winger]

Evil is a point of view.

You're right, it is.

And from my point of view, she's evil.

[Deserted]

I'm calling her evil because she deliberately ran someone over with her car and refuses to see herself as being in the wrong

Hope I'm not going too far into fratching territory, but...

Evil is a point of view. I wouldn't call her evil unless she got out of the car and cackled like a witch knew that she was doing wrong and did it anyway. Not understanding the wrongness of her actions isn't necessarily... just dangerous to everybody.

I'm not saying that she's in the right, not by a long shot, but I bet that she doesn't view her actions as "evil". Heck, she might view the victim as the "evil" one.

That's twice this week I've played devil's advocate on this board...

[Jay 2K Winger]

She has been like this ever since she moved in. She refuses to care for herself because she doesn't believe the doctors, hence she has had a foot partially amputated due to diabetes. When we have encouraged her to go to the doctor she refuses (and we cannot force).

...

They did not arrest her due to her age, but have charged her with multiple felonies.

She is vacating the apartment as we speak, moving things out every day. She leaves in the morning before we come in and makes sure she is not back until we leave. She has also stopped hanging out in the community room as the other residents have made it clear that she is disliked and have shunned her, which, actually, I feel she deserves.

Glad to hear that the evil old woman (and yes, I'm calling her evil because she deliberately ran someone over with her car and refuses to see herself as being in the wrong) is getting more or less what she deserves. I only wish they'd take her license and car away, because if she's still released on what passes for her own recognizance, she's still a menace if she can get behind the wheel of a car.


As for the victim, I'm glad she's getting the treatment and well-wishes she deserves. All the best to her.

[kansasgal]

She has been like this ever since she moved in. She refuses to care for herself because she doesn't believe the doctors, hence she has had a foot partially amputated due to diabetes. When we have encouraged her to go to the doctor she refuses (and we cannot force).

We got the police report and even the police called BS on her story, saying that she did it on purpose and that is why she was charged. They did not arrest her due to her age, but have charged her with multiple felonies.

She is vacating the apartment as we speak, moving things out every day. She leaves in the morning before we come in and makes sure she is not back until we leave. She has also stopped hanging out in the community room as the other residents have made it clear that she is disliked and have shunned her, which, actually, I feel she deserves.

As to the victim, she is doing better and there were many people who are assisting and she has my phone number in case she needs it (which was a mistake, as she calls me all the time, but oh well, I can take her calls because I know she is lonely).

[Seshat]

If she's sufficiently disabled (including potential dementia) to be incapable of providing for her own well-being, the residential facility probably owes her something called "duty of care". This would mean that she can't be evicted unless somewhere equally capable (or better) of caring for her can take over her care.

That said, there's now the big issue of duty-of-care to criminal vs duty-of-care to victim. I would hope that the police and/or a magistrate/judge/whatever can be involved in removing the criminal to a suitable residential facility - probably run by the state - where criminal can be duly cared for and AWAY from victim.

[wolfie]

Since it was a deliberate attack, what about trying for a restraining order that prohibits her from being within X distance of the victim's home - a radius that happens to enclose her own apartment?

[eltf177]

I am a little surprised she's not in police custody, truthfully.

That's what I thought too, I do know it takes time to evict but this psycho needs to be locked up _now_!

[XCashier]

The injured woman is doing better, but will take time to heal and get over this. She cries at the drop of a hat now and is very sensitive.

Poor lady is undoubtedly traumatized by what happened, and knowing that sociopath deliberately ran her over and feels no remorse. She might need counseling as well as physical care.

The other residents are watching her as well and several of them are making sure she eats, etc. by taking meals to her and seeing her in her apartment.

This is wonderful. They're letting the victim know they care for her well-being, and there are lots more good people in the world than evil ones. Knowing she has friends and allies will go a long way towards her healing.

I thought this sociopath had been evicted. What's she doing still hanging around?

I am a little surprised she's not in police custody, truthfully.

[2gigch1]

I thought this sociopath had been evicted. What's she doing still hanging around?

It takes some time to do this, if I am not mistaken. At least a month.