"VA Employee Charged With Beating Elderly Patient To Death Still Employed At VA"

2015-12-16T10:38:15-05:00

From: Daily Caller

A 70-year old U.S. military veteran, Charles Lee Johnson, died of an apparent beating by a Department of Veterans Affairs employee who continues to work in the hospital more than two years later as he awaits trial on manslaughter charges.

Fredrick Kevin Harris, a nurse’s aide at VA’s Alexandria, Louisiana, hospital, is out of jail on bail and remains on the government payroll, reporting to work each day. His duties have–for at least significant periods after the death–included continuing to treat patients.

A VA “internal investigation” absolved Harris, even though the local coroner, Francis M. Brian, Jr., said Johnson died of blunt force trauma to the head. Louisiana prosecutors also claim witnesses told investigators they saw Harris hitting the elderly patient.

Left to VA officials, Harris would have faced no punishment at all since the department closed its investigation after concluding the death was accidental.

The matter wasn’t left to VA because of the coroner. The case was referred to the department’s inspector general based on its findings of the cause of death. The manslaughter charges now pending against Harris resulted from the IG’s and local prosecutors’ investigation.

“He did on or about the 13th day of March, 2013, kill a human being,” Louisiana prosecutors wrote in the Dec. 4, 2013, charging papers. Harris was arrested on Dec. 10, 2013, and initially held on $250,000 bond.

But he was charged with manslaughter, not murder, and his bail was later reduced to $10,000, which he paid Dec. 17, 2013. A law enforcement source interviewed by The Daily Caller News Foundation said that the lowered bail may have been because VA’s lack of disciplinary action was viewed as an indication the case did not involve a heinous crime.

Harris will continue to be paid until at least March 2016, the scheduled date of his trial.

The VA is apparently treating the incident as a simple fight between Harris and the elderly veteran in his care. The department gave Harris a week of paid leave to “recover” from the fight. Johnson was transferred to a nursing home where he died of the injuries a few weeks later, on May 1, 2013.

“After the incident, the employee was treated for his injuries and was sent home to recover and returned to work in a non-patient area on March 19, 2013. On April 5, 2013, he returned to patient care since the internal investigation did not find negligence on the employee’s part,” spokesman Randall Noller told TheDCNF in a statement on behalf of VA.

Noller declined to describe when VA policies allow employees to use physical force on elderly veterans.

The statement also did not address why the internal VA investigation reached a dramatically different conclusion from those reached by the coroner, the IG and local prosecutors.

In the past, VA has said it doesn’t discipline employees accused of crimes unless they have been convicted or indicted. Louisiana’s Rapides Parish where the beating occurred can skip the indictment phase for homicides, taking them straight to trial.

Some VA managers have found ways as trivial as minor attendance issues to discipline select employees, including whistleblowers who are supposed to be protected by federal law against official retaliation. It is unclear how much work Harris missed while he sat in jail for a week. Harris’ attorney did not respond to a request from TheDCNF for comment.

Harris drew a federal taxpayer-funded check, but apparently didn’t feel the need to pay taxes. The IRS filed a $5,183 tax lien against him in 2010, records show. The VA also would not say why it continues to pay employees with federal tax delinquencies.

The VA typically cites “ongoing investigation” to justify withholding information about employee conduct. Yet in a case the department officially considered closed, VA officials refused to answer most of TheDCNF’s questions, posed last week.

Among those questions was a request for an explanation of why veterans being cared for in VA facilities, their families, or taxpayers should have confidence in the department’s “internal investigations” since such probes repeatedly found nothing in places like Tomah, Wisconsin, where outside investigations quickly found major scandals and serious wrongdoing.

“Internal VA investigations look to see if policies and procedures are followed. If these investigations indicate criminal activity, then the Office of Inspector General or law enforcement authorities are notified,” Noller told TheDCNF.

When local media reported on the charges in 2013, the VA refused to say that it prioritizes veterans over its employees. “Alexandria VA Medical Center’s number one priority is the safety and health of our Veterans and employees,” it said.

http://dailycaller.com/2015/12/09/va-nurse-still-on-payroll-despite-charge-he-beat-70-year-old-vet-to-death/#ixzz3uUyONJqu

VA Nurse Still On Payroll Despite Charge He Beat 70-Year-Old Vet To Death

A 70-year old U.S. military veteran, Charles Lee Johnson, died ofan apparent beating by a Department of Veterans Affairs employee who continues to work in the hospitalmore than two years later as

Response by Capt Seid Waddell made Dec 16 at 2015 10:40 AM

2015-12-16T10:40:41-05:00

One hardly knows where to begin.

Response by PO3 Private RallyPoint Member made Dec 16 at 2015 10:43 AM

2015-12-16T10:43:53-05:00

... ... If only murder is legal :P

Response by SSgt Terry P. made Dec 16 at 2015 11:59 AM

2015-12-16T11:59:41-05:00

There is something terribly wrong in this country.

Response by LTC John Shaw made Dec 16 at 2015 12:46 PM

2015-12-16T12:46:22-05:00

Hard to believe!

Response by PO2 Mark Saffell made Dec 16 at 2015 12:49 PM

2015-12-16T12:49:04-05:00

Hey I got a great idea. Take him to the dead veterans company and tell them to have fun with this guy, just make sure he isn't breathing afterwards

Response by Cpl Jeff N. made Dec 16 at 2015 12:52 PM

2015-12-16T12:52:09-05:00

Another well protected government employee. No accountability or responsibility for his actions and plenty of VA managers will justify him still being paid and allowed access to possibly injure another elderly veteran.

Response by CSM Michael J. Uhlig made Dec 16 at 2015 1:38 PM

2015-12-16T13:38:04-05:00

Spineless leadership! A 70 year-old Veteran goes to the hospital and is beaten to death by an employee - at the VA Hospital! How the hell do you not fire this punk? Yeah, I called him a punk, and he is a damned punk for beating a 70 year old. He is a damned punk, and the VA is spineless for allowing this punk to continue to work there after he beat a 70 year old Veteran to such an extent that the man died...how is that looking out for the health and welfare of our Vets? Quit paying this tax-dodging punk!

Response by Lt Col Scott Shuttleworth made Dec 16 at 2015 2:39 PM

2015-12-16T14:39:44-05:00

Only a spineless coward would beat someone that is defenseless and laying in a hospital bed. This man he beat was probably scared to ask for water or help going to the bathroom. Unbelievable that this happened. However, I wish I could state this was an isolated incident. it is not. Abuse of the elderly happens all the time in assisted living and nursing homes because there isn't anyone there to defend them. This is special kind of sick! One day he will need the help of someone when he is in a hospital bed and I hope the cycle is broken and he doesn't have to suffer through the same things he put others through. He will have to answer for it one day and not to any of us!!!

Response by Cpl Terry Fowler made Dec 16 at 2015 3:32 PM

2015-12-16T15:32:16-05:00

They need to speed things up and put his ads in prison and why in the he'll is he still working

Response by SSG Warren Swan made Dec 16 at 2015 5:52 PM

2015-12-16T17:52:20-05:00

Question for anyone: If you shoot a person and they live for awhile yet die from injuries sustained form the gunshot wounds you caused, that's murder. So this clown beat a man, the man lives a few more days and then dies from the beating and this isn't murder? I would like an honest answer even though different states different laws.
I cannot even get mad at the VA for this. This is a situation that just piles on the usual hot mess they cannot and will not deal with. I'm not going to blame the president for this alone, and I won't blame congress alone, but collectively they are responsible for the situation we now see. I'm also going to blame past administrations and congresses for this because this didn't pop up overnight. This is a systematic problem that has been going on through numerous administrations and congresses.

Response by SGT Barry Third made Dec 16 at 2015 6:47 PM

2015-12-16T18:47:55-05:00

I have had several problems with the VA, all due to some idiot who forgot that the only reason he ha a job is because me and 4 million other vets Served ,, if you remind them of that from time to time there seams to be a quick change,, and that is for you not them , you most likely see another doctor or employee ,,,,

Response by SSgt Private RallyPoint Member made Dec 16 at 2015 8:54 PM

2015-12-16T20:54:05-05:00

This is disgusting but not surprising. The VA is basically ran like a DMV and apparently they can treat veterans however they want without getting fired or even reprimanded.

Response by PO3 Chris Scheide made Dec 16 at 2015 10:52 PM

2015-12-16T22:52:28-05:00

What other workplace could you get away with striking a client at all let alone hard enough to cause injuries leading to death? What did the 70 year old vet do? Sass him? Ask for help?

Response by SSG Private RallyPoint Member made Dec 17 at 2015 7:17 AM

2015-12-17T07:17:08-05:00

VA is treating this as a regular fight gone wrong??
This really sucks for the VA because I know and have see good people, retired military (a few of my old leadership) that work there and work their asses off to help veterans out and this POS plus whatever leadership that allowed him to continue to work there tarnished the entire organization........also, he needs to die slowly while his loved ones watch

Response by Capt Daniel Goodman made Apr 14 at 2018 2:12 PM

2018-04-14T14:12:41-04:00

Jaw drops open and slowly swings back and forth on its hinges....

Response by Capt Daniel Goodman made Apr 15 at 2018 4:42 PM

2018-04-15T16:42:13-04:00

Obviously, that'# of course an utterly horrible story...however, I'd thought to tell one that actually happened to me before my disability, while I'd actually been doing rotations at a VA hospital that had a nusring him on the grounds...I'd been sent to do a set of consults, which was typical...while I'd been doing one of them, I'd been treating one elderly patient, who'd been quite passive...however, another patient, adjacent to him, albeit within fairly easy reach, evidently didn't get along with the one I'd been sent to treat, understand, this was while I'd still been in my doctoral program, before residency, before I'd been licensed and we'd eventually shut my license off due to my whole total perm disability thing. Anyway, I'd noticed, kid of out of the corner of my eye, that the other patient had quite slyly been giving the patient I was treating a series of really nasty looks, however, I obviously held my tongue, being the visiting rotating doctoral student, an obvious newbie, so I kept my yap shut. When, all of a sudden, out of the blue, the other paitnet leans over suddenly, and basically belted the other patient in he head, outta nowhere, honest to God, guys. Stunned, as the other patient who'd belted mine sat there whpith a smug, self-satisfied look on his face, I just sat there, kinda dazed for a split second...other than being obviously shocked and utterly taken aback, he patient I'd been treating said and did nothing. So, being the obvious newbie, realizing I was quite clearly totally outta my depth, I got the nurse handling both of them, who got the nurse manager for the ward, who spgot the nursing supervisor for the nursing home, who then got the nurse !manage for the whole VS facility, who all then proceeded to have me call my attending, he'd been considering me for a spot with him, it never happened, I'm just saying that was why I was rottpating there to begin with...so, I then called my attending, and said, he wasn't gonna believe tis one, I told him, dead silence on the other end...he then said, fine, shared r, do what the nurse managers said, write the whole thing up, I did, I never found out what happened, I'd just explained what I'd seen, and that was the end of it. Now, having told my amazing tale, here's my point, guys, OK? I've been over, under, through, around, on top of, under, beiphind, and sideways with VA...if it walks, crawls, talks, or flies, when it comes to VS, I've seen it, lived it, been there, done that (BTDT)...I've tqrained in them, worked in them, had all kinds of admin stuff with them, know virtually all thare is to know about them...they're their own Byzantine little admin universe, and, until one's been on both sides of the fence, one can't even remotely begin to understand them...I trained in, all told, some 10 different teaching hospitals in threee different states guys, private, VS, public non-BA, you mame of, I've trained in it, I've trained under virtually everything clinical land jas to offer, in clinics, in labs, in ORs out the yin yang, I've seen disruptive, I've seen weirdness, I've seen just plain and simple craziness...I've been around the clinical bureaucratic block, guys, that much I hope is all too evident to all of you by now, hopefully...so, while I'm as appalled as all of you are by the story Jere, I assure all of you, I'm by no means surprised...I could regale all of you with comparable anecdotes, legions of them, unendingly, virtually without end or finish...so, am I appealed? Obviously. Am I shocked? Certainly. Am I surprised beyond measure? Hardly. I'm not saying it wasn't NAD, obviously it was, that goes without saying...however, given all I've seen in clinical zoos, I'm quite used to there being such craziness, I can assure all of you...I just figured I'd offer that, if only to try to give some measure of perspective to the whole story here...I read it, sigh, and say to myself, one more sad anecdote to add to a virtual cornucopia, an absolute treasure trove, of those already indelibly etched in my memory that I personally saw, you know? So, if any of you want to hear more, I'd ne glad to regale all of you with more comparable horror shows I've seen, heard of, heard third hand, whatever...I'm just saying, once again, been there, done that (BTDT), you know?