Delayed plea deal in Itasca nursing home death draws family's ire
The three women came to the DuPage County courthouse Thursday seeking justice for their mother, who died last winter in an Itasca nursing home courtyard after she wandered outside into the cold.
Instead, they left disappointed.
The lone nursing home employee charged in the neglect case was expected to admit her guilt in a plea deal, but the hearing was delayed until Monday due to a scheduling conflict because of an ongoing murder trial.
The anticipated plea deal calls for Heidi Leon, 24, of Bensenville, to be sentenced to 30 months' probation and six months in jail for felony elderly neglect and obstructing justice. With credit for time served, she may walk out of jail Monday.
Leon is accused of failing to check in on 89-year-old Sarah "Sally" Wentworth early Feb. 5 after an alarm alerted staff at The Arbor of Itasca that an outside door had opened. Leon turned off the alarm and went back to watching back-to-back episodes of "Dog the Bounty Hunter," prosecutors said.
She also is charged with lying to police when they said Leon told them she saw Wentworth in her bed during a 3 a.m. check.
Circuit Judge Peter J. Dockery's decision to delay the case frustrated Wentworth's daughters, one of whom will be out of the country next week. They described Leon's anticipated punishment as a slap on the wrist and question why she alone was charged.
"Where is the justice for our mother?" asked Peggy Kennedy of Chicago's Lincoln Park neighborhood. "(Leon) is just the scapegoat. Don't get me wrong. She deserves to be where she is, but her supervisors should be held accountable, too."
Wentworth, of Chicago's West Side, was wearing an electronic ankle bracelet Feb. 5 because she suffered from dementia and was prone to wandering. The staff found her body several hours later in the outside courtyard in near-freezing temperatures. She was bare foot and wearing a nightgown.
Police investigated four nursing home staff members, including Leon, on suspicion they initially lied about how Wentworth died. Only Leon was charged - a fact that angers Wentworth's daughters.
"She shouldn't be standing up there (before a judge) alone," Pat Mackay of East Dundee said of Leon. "You can't tell me this young girl was in charge that night."
DuPage State's Attorney Joseph Birkett said the other employees fully cooperated with the grand jury investigation. He said Leon initially lied to them, too. Birkett said the fact they were not charged with a cover-up does not mean there was not some form of deception, but it didn't rise to the level of criminal charges.
"There was no indictable behavior in my opinion," Birkett said.
Rescuers received a 911 call at 5:43 a.m. Feb. 5 from The Arbor staff reporting an unresponsive person. Police said they were told Wentworth died in her bed, but the officers uncovered conflicting employee statements during videotaped interviews.
Authorities also were suspicious because Wentworth was dressed in a hospital gown, covered in blankets and lying on a gurney hooked up to an oxygen machine.
Police still haven't found the flannel nightgown she wore to bed the night before despite an exhaustive search, including at a Mount Prospect waste facility.
The Wentworth daughters filed a wrongful-death suit against The Arbor. They hope the civil case will bring them more answers.
"She died a horrible, painful death," daughter Cathy Shain of Skokie said.
Leon, responsible for the care of residents in eight rooms that morning, was arrested March 4. She faces up to five years in prison without the plea. Leon does not have a prior criminal record. Members of her family also were in court Thursday. Her attorneys, Laura Mitacek and Neil Levine, said a remorseful Leon wants to make a statement after her plea.