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Four home care workers face felony charges after allegedly failing to provide care to a patient who passed away in 2023 in Conewango Township.
The man was referred to only by his initials in the Affidavit of Probable Cause.
Gregory S. Stanbro, 48, of Pittsfield, was charged with third-degree felony neglect of care of a dependent person – endangers the welfare of a care-dependent person for whom he is responsible, third-degree conspiracy – neglect of care dependent person intentionally/knowingly/recklessly causing injury by failing to treat/care, third-degree felony unentitled reimbursement and third-degree conspiracy – theft by deception – false impression. Stanbro, according to the Affidavit of Probable Cause filed by the state Attorney General's Office, was the region director to whom incidents were to be reported.
"During this investigation, it was revealed that Stanbro was notified on several occasions of (the man's) declining condition and poor hygiene and failed to act," the Affidavit of Probable Cause states. "No evidence was found indicating Stanbro made any report or took any meaningful action to address (the man's) declining condition and preserve his health and safety. Stanbro knew of (the man's) declining condition. In fact he described one condition as 'life threatening.' Nevertheless he failed to act. Stanbro did not notify his superiors of (the man's) condition, nor did he seek any emergency services for (the man). His statements that he directed staff to do so were contradicted by the records obtained in this investigation."
Michelle Chapin, 56, of Girard was charged with third-degree felony neglect of care of a dependent person – endangers the welfare of a care-dependent person for whom she is responsible, third-degree felony false/fraudulent medical assistance claim, third-degree conspiracy – neglect of care of a dependent person – endangers the welfare of a care-dependent person for whom she is responsible, third-degree conspiracy – unentitled reimbursement, misdemeanor theft by deception – false impression and misdemeanor receiving stolen property. Chapin, according to the affidavit, was the homecare services supervisor who was to provide direct care worker services as well as act as a supervisor to other direct care workers in the home.
Two other Hickory Creek employees also face charges. Katrina Burgeson, 54, of Clarendon was charged with third-degree felony neglect of care of a dependent person – endangers the welfare of a care-dependent person for whom she is responsible, third-degree felony false/fraudulent medical assistance claim, third-degree conspiracy – neglect of care of a dependent person – endangers the welfare of a care-dependent person for whom she is responsible, third-degree conspiracy – unentitled reimbursement, misdemeanor theft by deception – false impression and misdemeanor receiving stolen property.
Kimberly Hogan, 63, of Youngsville was charged with third-degree felony neglect of care of a dependent person – endangers the welfare of a care-dependent person for whom she is responsible, third-degree felony false/fraudulent medical assistance claim, third-degree conspiracy – neglect of care of a dependent person – endangers the welfare of a care-dependent person for whom she is responsible, third-degree conspiracy – unentitled reimbursement, misdemeanor theft by deception – false impression and misdemeanor receiving stolen property.
All four were charged Wednesday by the state Attorney General's Office and arraigned by Magisterial District Judge Laura Bauer, who set bail at $50,000 unsecured.
INVESTIGATION BEGINS
On Oct. 16, 2023, a Conewango Township Police officer was dispatched to a Victor Avenue home for a reported death. The officer smelled a strong odor coming from the residence both from the decomposing body found seated in a reclining chair. Trash and other items were strewn about the room, the Affidavit of Probable Cause states, with an odor coming from the bedroom. The officer called Warren County Coroner Melissa Zydonik, who said the man had been sitting in a large amount of feces that had run down the front of his chair and his legs along with open lesions on the man's arms, legs and abdomen. An autopsy was not performed, according to an investigator from the state Attorney General's office.
Brian Silvis of the Donald E. Lewis Funeral Home took possession of the body, telling investigators the man's body was in "terrible condition" and was covered in urine and feces.
The address was identified as a residential home operated by Hickory Creek Home Care, a state-licensed home care agency that provides home care through a joint state-federal Medical Assistance Program for low-income Pennsylvania residents with disabilities through the state Human Services Department.
The Victor Avenue resident was identified as a Medicaid recipient and approved for care through the Medical Assistance Program's Community Health Choices waiver program starting in February 2023, though services didn't actually begin until May, until his death on Oct. 16, 2023. He was approved for eight hours of personal assistance services each day, with several direct care workers helping with daily living activities that included bathing and showering, using the bathroom and housekeeping.
Conewango police interviewed Hogan on Oct. 16, according to the Affidavit of Probable Cause. Hogan told police she thought the man was sleeping when she checked on him at 2 p.m. When she came an hour later, the man felt cold to the touch. The worker also said the man hadn't moved from the recliner in his room since returning from a final hospital visit on Sept. 6.
Hogan told the officer that she discussed the man's declining condition with Chapin and Burgeson in September and October 2023, with all three agreeing the man needed to be hospitalized but none calling 911 or an ambulance.
"When asked why she did not call 911, Hogan indicated that her only responsibility was to contact her supervisors," the affidavit states.
AFFIDAVITS PAINT PICTURE OF SHORTCOMINGS
The investigator from the Attorney General's office said there were no incident reports made by Hickory Creek employees between the man's return from Warren General Hospital on Sept. 6, 2023, until his death on Oct. 16. There were also no 911 calls or EMT visits made to the residence or incidents reported to the state Department of Health.
Hogan said she had told Chapin, who worked the shift prior to Hogan's on Oct. 16, 2023, about the man's declining condition and told investigators she had been trained only to report issues related to a person refusing care to her supervisors, Chapin and Stanbro. Hogan said she verbally told Chapin and Stanbro that the man had been refusing to get out of his recliner and to shower after the discontinuation of pain medication in July 2023. Hogan said she also discussed the situation with Burgeson.
"All three of them agreed (the man) needed to go to the hospital, however none of them called 911 or an ambulance," the affidavit states.
Chapin told police the man was able to eat and walk to the bathroom by himself, though she also told the Conewango police officer that she had called 911 several times after the man returned to the home. The calls, she said, were documented on a sticky note and provided to Stanbro.
"Chapin indicated that she worked the morning shift on the date of (the man's) death," the affidavit states. "Chapin indicated Stanbro asked her to document what occurred, so Chapin wrote everything down on a loose-leaf paper. However, Chapin did not ever submit this loose-leaf document to anyone in the company."
In a subsequent interview, Chapin said she had been trained on the man's care plan, but said she did not follow the written care plan, instead following instructions or services at the direction of the consumer. Investigators also asked about four incident reports, none of which said the man was refusing services or sitting in his own feces. Chapin said she didn't draft the form but reported it to Stanbro.
Chapin also said Stanbro told her to document EMS arrival and departure times, but there were no such notations in the incident reports. Investigators said records received from Warren County and EmergyCare showed no 911 calls, ambulance visits or documented refusals between the man's release from Warren General Hospital and his death.
Investigators asked why Chapin hadn't reported that the man was refusing services, with Chapin responding she entered that no services were being provided.
"This was not supported by records," the affidavit states. "Records were shown to Chapin indicating that services were being provided to (the man). Chapin indicated she provided care to other residents, and that is why they were listed. It was then pointed out to Chapin that this document was specific to (the man). Chapin had no response. Chapin indicated that she had called and texted Stanbro's personal and work phone to report issues with (the man). Investigators advised Chapin they had a copy of Stanbro's work phone and there were no text messages from her that reported any kind of change in (the man's condition)."
A search warrant executed for Facebook messages sent between Burgeson and Hogan allegedly showed discussions about the man between the workers regarding the man's condition as he declined, including messages about his need to go to the hospital.
"Hogan had no answer why 911 was never called and acknowledged she could have done more," the affidavit states.
Burgeson told investigators she had provided the man with a bottle of water the night before his death. She also said she could smell his feces and urine, and that Chapin had seen sores on the man's back while bathing him and the man calling for help at night. Burgeson also alleged to investigators that she told Chapin and Stanbro in face-to-face conversations about the man's refusal of care, but Stanbro allegedly told her not to document the incidents.
Hogan also provided investigators with screen shots of text messages to Stanbro about issues with the man refusing care, with Stanbro coming to the house about two weeks prior to the man's death to speak with him. A return trip was not made, according to the affidavit. Stanbro told investigators he recalled speaking to the employees about the man's condition, but did not recall incident reports being written for the man's condition or behavior.
"Stanbro said an incident report should have been written but was unsure if one had been," the affidavit states. "Stanbro indicated that Hickory Creek staff discussed whether 911 should be called or whether (the man) should be subject to a 302 involuntary commitment. Stanbro acknowledged 911 was not called and a 302 was not requested. Stanbro indicated he believed Adult Protective Services was contacted regarding (the man). Records received from (Adult Protective Services) revealed only receiving one report of need made for (the man) on Oct. 24, 2023, that was related to the date of his death. No other (reports of need) were documented."