CNA charged with manslaughter relating to Legacy hypothermia, exposure death

GILLETTE, Wyo. — A former Legacy Living and Rehabilitation Center staff member has been arrested and charged with manslaughter for allegedly failing to provide proper care resulting in an 88-year-old woman’s death, Campbell County court documents say.

Bernard D. Hale, 57, is charged with felony manslaughter, with prosecutors accusing him of criminal recklessness resulting in the unintentional death of 88-year-old Judith Duvall, a dementia patient who succumbed to exposure and hypothermia earlier this year after walking out of the Legacy Living and Rehabilitation Center, court documents state.

According to an affidavit of probable cause filed in the case, Hale was the Certified Nursing Assistant charged with caring for Duvall — as well as other Memory Care Wing residents in the Legacy’s Cottonwood Unit — when she walked out of the facility into an exposed courtyard around 6:51 p.m. Jan. 9.

Duvall’s exit tripped a door alarm as she crossed the courtyard and walked toward an outdoor gazebo, where surveillance showed her falling backward and struggling to get up for 20 minutes until she stopped moving at 7:33 p.m., per the affidavit.

Hale is seen in surveillance footage responding to the door alarm; however, the footage shows him deactivating it without checking the courtyard or speaking to a resident who is sitting next to the door, court documents state.

Duvall remained outside in the courtyard for several hours until her body was discovered by a staff member at 4:08 a.m. the following day. National Weather Service records indicate Gillette temperatures were anywhere from 24 to 10 degrees during the overnight hours between Jan. 9 and Jan. 10.

While Duvall struggled to get to her feet in the courtyard, Hale reportedly made 15 false entries on her chart between 7:22 and 7:24 p.m. on Jan. 9 in which he recorded seeing her eating, using the restroom and exhibiting other behaviors. He also told police that he went to her room at one point that evening but failed to check if she was inside before changing his story to say he physically saw her in bed, per the affidavit.

Shortly after Duvall’s body was discovered by staff, system entries show Hale striking out several observations he claimed to have made the previous evening concerning Duvall before noting a toilet transfer at 4:17 a.m., per the affidavit.

During the investigation, Legacy leadership told police detectives that staff members are required to conduct patient rounds every two hours. They are required to physically locate and observe the resident while completing a “5Ps” evaluation, which consists of pain, potty, positioning, possessions and personal needs, the affidavit states.

Legacy leadership also told detectives that chart entries are to be made at the time the behavior or activity is completed, never before, per court documents.

During a follow-up interview, Hale confirmed knowing about the Legacy’s policies on patient rounds and charting. He also claimed to have responded to multiple door alarms in other areas that he believed were tripped by other residents and that he checked outside but didn’t see anything, court documents say.

In the end, the detective assigned to the case concluded that Hale — based on his training, the facility policy and his actions — failed to follow proper procedures and the accepted standard of care for Duvall. His alleged negligence resulted in Duvall being left outside when the windchill would have been 4 degrees, resulting in her death, per the affidavit.

The Campbell County Detention Center indicates Hale was booked into the facility for manslaughter around 5:44 a.m. April 13. Court records state he will appear for a preliminary hearing in Circuit Court on April 22, when a judge will determine if there is sufficient probable cause to send the case to District Court for further proceedings.