On Tuesday, nearly four years to the day that James Dempsey, 89, of Woodstock, Georgia, died, former nurses Wanda Nuckles and Loyce Pickquet Agyeman as well as aide Mable L. Turner were charged in connection with his 2014 death.
"Video surveillance shows the patient suffering in respiratory distress and repeatedly calling out for help", Yvette Jones, a spokeswoman for the district attorney's office, said.
Thanks to News Station, Video Made Public, Police Become InvolvedAfter Jack Dempsey's death, the family filed a wrongful death civil suit against the nursing home and the case settled before going to court for a jury trial.
Loyce Pickquet Agyeman is charged with felony murder and neglect to an elder person. Mr. Dempsey appears unresponsive and lifeless as Nurse Nuckles messes with a bag (to perform CPR), laughing with Nurse Agyeman and CNA Turman, and then doing 6 compressions before giving up. Fellow nurse Wanda Nuckles was charged with depriving an elder person of essential services while nurse's assistant Mable Turman faces neglect charges. It also shows the nurses failing to take life-saving measures and laughing as they try to start an oxygen machine.
Nursing supervisor Wanda Nuckles testified at a deposition that when she discovered Dempsey was not breathing she rushed to his room, took over CPR and kept going until the paramedics arrived.
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"Sir, that was an honest mistake", Nuckles said in the deposition obtained by WXIA, "I was just basing everything on what I normally do". Here, the attorney for the family asks Nurse Nuckles if it is acceptable for such a delay in response to an emergency situation or to not at least check vitals. All three also face charges of concealing the death.
The Brookhaven Police Department launched a criminal investigation into Dempsey's death after the release of the video.
Warrants have been issued for the arrests of all three.
Records showed the nursing home continued to have problems, including $813,000 in Medicare fines since 2015, WXIA-TV reported.
Both Nuckles and Agyeman voluntarily surrendered their licenses in September 2017, according to the state board.