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Man with dementia not charged with death of fellow nursing home resident

Posted at 10:49 AM, Oct 13, 2016
and last updated 2016-10-14 11:16:46-04

An 84-year-old man is not facing charges after fatally injuring an 82-year-old fellow nursing home resident in August.

82-year-old Ruth Murray wandered into the man's room in the dementia unit at Emerald South Nursing and Rehabilitation Center in Buffalo when he beat her to death.

Acting Erie County District Attorney Michael J. Flaherty Jr. says his office and the Buffalo Police Department determined that the man did not have the mental capacity to participate in a trial and have criminal intent against Murray.

"After consulting with the Buffalo Police Department and evaluating the subject's medical situation, it has been determined that filing charges would be inappropriate because the subject lacks the mental capacity to prove he is guilty of a criminal offense," said Flaherty. "In other words, based upon our review of the facts and medical records, we agree the subject doesn't have the mental capacity to form criminal intent."

The DA's Office is not releasing the name of the assailant.