Hamilton police say no charges will be laid in relation to the death of an 86-year-old man who was brutally beaten at St. Joseph’s Villa in Dundas.
James Acker was attacked by another resident around 2 a.m. while he was sleeping in his private room on January 28. Acker and his attacker both suffer from dementia.
Acker was taken to hospital with what was thought to be non-life threatening injuries but, according to family, his health steadily declined. He passed away on April 16 with his wife by his side.
Following an autopsy, Acker’s death was ruled a homicide and Hamilton police launched a criminal investigation into the circumstances surrounding his death.
“The investigation revealed that the 83-year-old resident, who was responsible for Acker’s death, was residing at the facility due to a medically diagnosed illness that would have prevented him from forming the intent to knowingly carry out a criminal act,” said Hamilton police in a news release Monday.
After further medical assessments, it was determined that the man would not be fit to stand trial if charges were laid. “For these reasons, investigators have determined it is not in the best interests of the courts or public to charge the 83-year-old resident. He remains in a secure psychiatric facility and is receiving the appropriate medical care for his condition,” said police.
Detectives also looked into any potential criminal conduct in regards to St. Joseph’s Villa and its staff and found there to be none.
The Ministry of Long Term Health Care conducted a separate and independent investigation which revealed several minor infractions, such as failure to call the proper code using a PA system. Police said these infractions, however, are not criminal in nature.