‘Substantially more victims’: Colonial Heights nursing home elder abuse case in limbo as prosecutors pursue new evidence
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COLONIAL HEIGHTS, Va. (WRIC) -- It may be the end of the road for the legal battle surrounding an elder abuse investigation out of Colonial Heights Rehabilitation and Nursing Center -- or it could be just the beginning.
The Colonial Heights Commonwealth's Attorney confirmed prosecutors filed to nolle prosequi all remaining charges related to about a dozen defendants in this high-profile case.
While this essentially means dropping all remaining charges against those employees for the time being, it's important to clarify this is very different from the charges being "dismissed." These charges could be brought back and, in light of new evidence, prosecutors could choose to file new additional charges, too.
8News spoke with our legal analyst Russ Stone to get deeper insight regarding what the process of effectively dropping charges for the time being looks like in Virginia's justice system.
"The reality is, the practical reality is … they almost never are brought back," Stone said when asked about the typical future of charges once they are "nolle prossed."
This legal battle started back in December 2024 when authorities arrested nearly 20 employees at Colonial Heights Rehabilitation and Nursing Center.
Colonial Heights Rehabilitation and Nursing Center. (Photo: 8News)
To some, this recent update may make it seem like the case is ending in a whisper -- at least for now.
"It is the government making a statement that we're not going to proceed with this case," Stone said, clarifying the meaning behind charges being nolle prossed. "It's unique in the sense that so many people were charged and so aggressively prosecuted from the beginning."
The arrested employees faced charges related to the death of an elderly patient, who died shortly after leaving the facility.
Since then, three defendants have pleaded guilty to misdemeanor charges related to this case and the court dismissed one defendant's misdemeanor charge back in March.
Many of the charges prosecutors are no longer pursuing in light of this update include more serious felony offenses, like abuse and neglect resulting in death.
"From the point of view of the defendant, the practical effect is the same," Stone said. "The charges are over -- they have not been convicted."
This update comes just a couple of months after scathing texts between defendants leaked. 8News obtained a copy of a search warrant detailing defendants' text logs, which included exchanges insulting patients and suggesting the mishandling of drugs.
Colonial Heights Rehabilitation and Nursing Center. (Photo: 8News)
According to the new drafted motion, while gathering evidence, prosecutors learned of more potential charges against certain defendants and "substantially more victims."
Legal experts told 8News that only time will tell whether the Commonwealth will move forward with those charges or tack on new ones. So, while the case may appear in a standstill given the decision to no longer pursue this large slew of charges, investigators are continuing to look into the case.
A spokesperson for the nursing center sent the following statement in response to this update.
“Colonial Heights is pleased with the Prosecutor’s reported decision not to proceed with the pending charges against current or former staff at this time. We look forward to each and every employee being able to focus exclusively on resident care and needs. Many of these nurses have tremendous dedication, skill, and knowledge that is essential for quality care within our community.”
The felony charges can be brought back at any time, but -- according to Virginia law -- the misdemeanors would have to be brought back within a year. The Commonwealth's Attorney's office confirms this is still under investigation.
The Colonial Heights Commonwealth's Attorney's office told 8News that the owners of the nursing facility filed a civil lawsuit against the search warrant in Circuit Court. He added that the suit remains pending.
Our team is working on digging deeper into this. Stick with 8News for updates.
