Hamilton police will not be laying charges related to a fatal assault at St. Joseph’s Villa, a long-term care facility.
On Jan. 28, 2017, police and EMS were called to an incident at St Joseph’s Villa in Dundas.
An 83-year-old resident had reportedly assaulted 86-year-old resident James Acker.
The resident was then apprehended under the Mental Health Act.
Acker died on April 16 and an autopsy revealed his death was connected to the assault.
An investigation revealed that the 83-year-old was 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.
Since January 2017, he’s undergone further medical assessments which suggest he 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, who remains in a secure psychiatric facility.
The villa, which has been the subject of a Ministry of Health and Long-Term care investigation, says it has initiated a number of measures to ensure greater safety for its residents.
— With a file from Ken Mann
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