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                      VA NEWS FLASH from Larry Scott at VA Watchdog dot Org -- 12-30-2008		  



 


 
 

 


 



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CRIMINAL CHARGES DROPPED AGAINST 91-YEAR-OLD

VETERAN WITH DEMENTIA -- Veteran, a nursing home

resident, thought he was a POW again and made

threatening gestures with pocket knife.

 


Police have dropped charges against former WWII prisoner of war Charles Cruikshank, who allegedly barricaded himself in a room with a knife at a nursing home on Oct. 24, 2008.

 

This story goes beyond absurd.

The veteran is 91... he is in the dementia unit of a nursing home... he had a pocket knife...

And he gets charged?

The worst thing that could have happened is that he cut his finger when he folded the knife.

I don't agree with the authorities on this at all. 

The police should have worked with the staff at the home... calmed him down... and then forgot about it.

Whatever happened to common sense?

Story here... http://www.seacoaston
line.com/articles/20081229-NEWS-81229035

Story below:

Your comments accepted at bottom of page.


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-------------------------

Charges dropped against 91-year-old vet

By Elizabeth Dinan
edinan@seacoastonline.com



PORTSMOUTH — Police dismissed four criminal charges filed against Charles Cruikshank, 91, following his arrest on Oct. 24 when he was alleged to have barricaded himself with a knife in a room at a city nursing home.

Cruikshank’s arrest followed a 911 call to police by staff at the SunBridge Care and Rehabilitation for Portsmouth reporting a man with a knife had barricaded himself in a room by placing a nursing cart against a door.

Police Chief Michael Magnant said five officers responded and found Cruikshank waving the knife and making “fighting gestures” at the officers, while another nursing home resident was in the same room. Police pushed open the door and Cruikshank slipped and fell, said the police chief.

Cruikshank was arrested on a felony count of attempted assault with a dangerous weapon and misdemeanor charges of attempted assault, disorderly conduct and resisting arrest.

Following his arrest, some of Cruikshank’s family members were critical of the police response and questioned why he was in a nursing home dementia unit with what they described as a folding knife with a 3-inch blade. His family also told the Herald in October that they believed Cruikshank — a World War II veteran of a prisoner of war camp — thought he was once again being held as a POW.

Police prosecutor Corey MacDonald said the decision to dismiss the charges was made because Cruikshank is suffering from “an age-related disability” and does not have the mental capacity to knowingly commit a crime. He praised the officers’ response to the call for help and said the charges were initially brought because there was probable cause that the crimes were committed.

“Clearly there was probable cause and while it was very serious, there were mitigating factors,” he said. “This is how the process is supposed to work.”

City attorney Robert Sullivan concurred, calling the dismissal of the charges “a prudent decision” because Cruikshank does not possess the faculties to intentionally commit the crimes as alleged.

“I think the officers did a great job,” said MacDonald. “They used minimal force for the nature of the call.”

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org
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