Homicide detectives are investigating the death of an elderly Alzheimer’s patient who endured a brutal beating at the hands of another resident at a Dundas, Ont. nursing home earlier this year.
James Acker, 86, died on Apr. 16 from injuries he sustained in a violent assault by another male resident in his 80s – who also has Alzheimer’s -- at St. Joseph’s Villa in January.
‘He suffered a lot through this’
Acker had been living at the Governors Road long-term care facility for 10 months before the attack.
He suffered head trauma, black eyes, a fat lip and a swollen, bloody face.
He was being treated at Hamilton General Hospital for bleeding on his brain, but according to his family, he never recovered.
Acker’s family says he endured two bleeds on his brain, and he was unable to feed himself or walk anymore after the attack.
Diane Acker, his wife of 45 years, was there when he died.
“He passed away in my arms,” she said. “It was so peaceful. He suffered a lot through this.”
Acker’s death ruled a homicide
Acker’s family is not pushing for criminal charges and says they don’t blame the other man involved in the incident.
It was only when the coroner told Diane Acker her husband’s death wasn’t “normal,” that she considered her husband could have been murdered.
“I didn’t think about any of that,” she explained. “I had just lost my husband.”
According to the lead detective on the case, the other resident, 83, was apprehended under the Mental Health Care Act and remains in a secure psychiatric facility.
“Our main concern at this time is that the other resident involved is in a facility where he is going to be safe and others will be safe too,” Hamilton Police Det. Sgt. Peter Thom told CP24 on Tuesday.
Homicide detectives have not laid any charges in the investigation.
Investigators are currently working to acquire the suspect’s medical records since he suffers from Alzheimer’s, Thom said.
“We need to acquire documentation for medical records to make an informed decision into his mental capacity and we will go from there,” he added.
‘Not protected from abuse,’ ministry report finds
Acker was placed in the nursing home last March when his wife could no longer care for him at their Waterdown, Ont. home. He was placed in a private room, costing $2,600 per month.
An investigation from the Ministry of Health and Long-Term Care following the attack discovered that St. Joseph’s Villa failed to protect its residents from abuse.
“Resident #002 [Acker] was not protected from abuse by anyone when they were abused by resident #001,” the report said.
According to the provincial report, St. Joseph’s Villa didn’t act on problematic behaviour shown by Acker’s attacker, as early as five weeks before the beating.
The report released by the provincial ministry also showed the nursing home was slapped with nine Long-term Care Act violations and was also issued three orders to be complied with by May 30.
“The home’s code white policy was not complied with when staff were dealing with a high risk incident involving residents,” the report read.
‘He didn’t deserve this’
Two days before the attacker wandered into James’ room, Acker, who is 62-years-old, was dancing with her husband at one of the nursing home events.
Diane Acker describes her husband as a gentle man.
“He didn’t deserve this,” she said.
“He always held the door open for me. He was always a gentleman to the last moment.”
Acker owned a private bailiff company before he retired.
According to his wife, he was always helping others. His daughter, Tammy Carbino, is now working as an outspoken advocate demanding changes to Alzheimer’s care.
In March, Carbino, along with the Canadian Association of Retired Persons brought her father’s case forward at Queen’s Park and petitioned for greater accountability for what happened to him. MPP Teresa Armstrong presented her family’s story to Health Minister Jane Philpott.
“He did so much for people all his life,” Diane Acker told CP24 in tears. “Even though he is gone, he is still helping people.”
A funeral for Acker was held on Saturday in Hamilton.
