CASPER — A Natrona County judge expressed concern Thursday that a plea deal that calls for no prison time may be “too light or inappropriate” for an elder care worker accused of tying a patient to a bed by her hair.
Judge Catherine Wilking appeared skeptical of the agreement outlined by Natrona County Assistant District Attorney Patrick LeBrun, and told defendant Julie Ann Cross, 50, prior to her entering the deal that the judge was “not a party to it.”
Under the deal outlined by LeBrun and entered into by Cross, the former employee at a NOWCAP nursing facility in the 300 block of North Walsh Drive will received a suspended four-to-six-year prison term and three years of supervised probation for intentional abuse, neglect or abandonment of a vulnerable adult.
Wilking agreed to make an Alford plea to the allegations, meaning she won’t plead guilty but admits there’s enough evidence to convict her of tying a patient’s hair to a bed to immobilize her during the night.
The judge said she wants to know more before agreeing to accept the deal.
“I certainly need more information about you,” Wilking told Cross, adding she also needed more information on the victim and the impact of Cross’ actions.
The judge said she would wait for a pre-sentence investigation before accepting the deal and determine whether or not “it is too light or inappropriate.”
A conviction on the abuse charge carries a potential 10-year prison term and $10,000 fine. A second charge of false imprisonment against Cross would be dropped as part of the deal.
In defending the plea deal, LeBrun told the judge that Cross had been a employee of NOWCAP for several years and that the 55-year-old victim in the case is not suffering from any issues as a result of Cross’ actions.
He told Wilking the victim’s guardian, who is also a registered nurse and “knows Ms. Cross well,” believed Cross’ actions had the potential to cause harm and were not appropriate.
“She doesn’t feel Ms. Cross should go to prison,” LeBrun said, adding that the guardian "was initially hesitant” about pressing charges in the case.
Alford Plea
The deal called for Cross to use an Alford guilty plea, where instead of Cross telling the judge about what happened, LeBrun outlined the evidence of the case against her and how he would present it to the jury to prove her guilt.
Wilking told Cross that under the terms of the agreement if she decides not to accept the deal, Cross could withdraw her Alford plea and her case would proceed toward trial.
Cross appeared in court on bond with her attorney Dylan Rosalez, wearing dark slacks and a green sweater.
The judge asked her if she understood the terms of the plea deal and if she intended to plead guilty using the Alford plea.
“Yes, ma’am,” Cross said.
LeBrun told the judge that if the case went to trial he would call expert witnesses, including the executive director of NOWCAP, who would testify as to how Cross was trained and that “there would be no proper purpose for the caregiver to tie the victim’s head to a place on the bed.”
He said the victim’s guardian, a registered nurse, would also testify that the victim requires assistance with “virtually all living activities.”
LeBrun said the victim suffers from a “brittle bone disease” and if she had had a seizure after Cross tied her hair to the bed it could have resulted in serious injuries.
At trial, LeBrun said two coworkers would also be called to testify how they found the victim tied to the bed as they started their morning shift on July 14.
“Ms. Cross is the only person who could have done that in this case,” he said.
Nothing To Add
Both Rosalez and Cross told the judge they agreed LeBrun’s statements were enough to prove Cross’ guilt to a jury. Both had nothing to add.
Attorneys did not object to the judge also using the police arrest affidavit as well to prove Cross’ guilt.
Wilking ordered a pre-sentence investigation and continued Cross’ $5,000 personal recognizance bond.
The police affidavit states that Cross had been working the night shift, and in the morning of July 14, Cross’ coworkers found the 55-year-old woman who was under Cross’ care tied to the bed by her hair with a blue scarf.
Cross allegedly came into the room and attempted to push one coworker to the side while reaching for the scarf, according to the affidavit.
The worker asked Cross why she tied the woman with the scarf, and the worker told police that Cross replied, “It was to keep (the patient) from moving.”
It took the coworker about five minutes to untie the scarf and she reported it to her supervisor, the affidavit states.
During an interview by phone, Cross reportedly told the officer that she was the solo worker on the night shift, the affidavit says.
Early on July 14, the patient was awake and tossing her head back and forth, Cross said, adding that the patient needed to be changed and her hair “smelt.”
So, she tied it with one of the patient’s silky scarves into a ponytail and said that the “rest of the scarf was on the pillow.”
According to the affidavit, Cross said she checked on the patient later in the early morning hours and found the end of the scarf had “fallen and wrapped around the bed.”
She said she put the end of the scarf back on the bed next to the resident and during another check, it had not moved.
“Morning staff came in and she told them about the scarf and how it had gotten wrapped around the corner of the bed,” the affidavit states Cross told the officer. “She believes that (the patient) was tossing her head side-to-side and the scarf got wrapped around again.”
The NOWCAP Services director also provided the officer with an “in-depth report on the incident and photographic evidence taken while the scarf was still tied to (the patient) and the bed,” the affidavit states.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
