West v. Commonwealth

935 S.W.2d 315 (1996)

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Nature of the Case

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Facts

Lillian West was born with Down's Syndrome and a heart ailment. Throughout most of her life, she was cared for by her mother, Rebekah West. In 1979, Lillian and her mother moved in with Ds. Lillian participated in activities at Pathway Shelter. This day program encouraged Lillian to develop a more independent lifestyle. She could groom herself, participate in vocational training, and function in social settings. In 1983, Rebekah passed away, and Ds accepted responsibility for Lillian's care. D became concerned that Lillian was being abused in some manner at Pathway Shelter and notified personnel that she would not continue to participate in the program. Near Thanksgiving, 1992, Lillian became confined to her bed and her condition began to decline significantly. She would not eat. On December 31, 1992, d delivered Lillian to the emergency room. Dr. Gagnon was alarmed by her condition and discussed the situation with Dl. Unnerved by the conversation, Gagnon referred the matter to a local social worker, who undertook an investigation of the circumstances surrounding Lillian's home environment. On January 17, 1993, Lillian died. D was indicted for manslaughter in the second degree and his wife was indicted as a complicitor. Medical witnesses recounted Lillian's horrific physical condition, of bedsores in various stages of development many severe enough to reveal muscle tissue and even bone. She had severe malnutrition and the presence of dried tears and feces upon her body. The cause of death to sepsis and confluent bronchial pneumonia precipitated by the decubitus ulcers. They testified that caretaker neglect led ultimately to Lillian's death. Ds were convicted and appealed. Ds claim that neither of them had a duty to care for Lillian or to provide her with medical assistance. Ds also claim that the reckless homicide statute underlying their convictions does not impose criminal liability based upon an omission or failure to act.