Elderly man will not be charged in fatal nursing home beating

(Photo of Murray and her daughter, courtesy of Brown Chiari LLP)
(Photo of Murray and her daughter, courtesy of Brown Chiari LLP)

BUFFALO, N.Y. (WIVB) — The 84-year-old male nursing home resident who fatally beat a female resident at Emerald South Nursing Home and Rehabilitation Center will not be charged.

Ruth Murray, 82, walked into the room of the man at the nursing home in August. Murray was attacked and suffered numerous injuries, including cuts and broken bones, leading to her death.

Acting Erie County District Attorney Michael J. Flaherty said it would be unethical to charge Murray’s attacker, because he isn’t competent to stand trial and was unaware of what he was doing when he attacked and killed Murray.

Murray’s attacker suffers from dementia, as did Murray.

News 4 is not naming the man because he has not been charged with a crime.

(Photo of Murray and her daughter, courtesy of Brown Chiari LLP)
(Photo of Murray and her daughter, courtesy of Brown Chiari LLP)


Willie Faulkner has been a best friend and caretaker to Murray’s attacker for several years.

“He’s just always been a kind, kind guy. And generous, always trying to help, trying to give you something. And just a really nice guy,” he told News 4.

When his neighbor’s health started going downhill, Faulkner helped get him the care he needed. Emerald South, Faulkner tells us, didn’t appear to care for his neighbor as well he would have liked. He was transferred there from ECMC.

“There was nothing on the bed. He may have had a pillow behind him but it didn’t have a pillow case on it, it didn’t have sheets. It’s not what I would want to be put in. It’s not the facility I would want to go to if I had to go to one,” Faulkner told News 4.

According to medical professionals, the elderly man had a history of aggression and needed 24-hour supervision.

Faulkner recalled his neighbor getting agitated with people going into his room.

“He felt like he was trapped in there.”

According to documents obtained by News 4, the facility didn’t follow instructions from ECMC, which suggested he needed round-the-clock care. Records show they also weren’t up front with Murray’s family about the severity of her injuries.

They too, feel this terrible tragedy could and should have been prevented.

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