COLONIAL HEIGHTS, Va. — One year after more than a dozen staff members of a Central Virginia nursing home were arrested in connection with an elder abuse investigation, only one person has ultimately been convicted as prosecutors say the legal process remains ongoing.
It was an unprecedented scene on December 18, 2024, when police officers swarmed Colonial Heights Rehabilitation and Nursing Center to arrest 18 employees.
Prosecutors would later reveal in court that the case involved a former resident who they alleged received inadequate care at the facility. They claimed the alleged victim was left in her bed for days, lying in her own feces and urine, and developed a wound. A judge described the alleged details as "gut-wrenching" and "horrendous."
Criminal charges ranged from misdemeanor falsifying patient records to felony abuse and neglect, and the suspects ranged from nursing employees to the administrator at the time.
Following the news, family members of multiple former residents unrelated to the case told CBS 6 their loved ones also had concerning experiences at the facility.
“They weren’t turning him. They weren’t feeding him. They were just doing bare minimum care for him," Debra Kabel said.
"I'm glad he's out of there. I'm glad they're under investigation. I’m praying that no one else ever again has to go back to that facility unless it’s better," Cindy Wilson said.
One year later, after the initial arrests of 18 people:
- One pled guilty to misdemeanor charges,
- Five had their charges dismissed,
- Two through a plea deal
- Two by prosecutors
- One by a judge
- And the rest saw their charges nolle prossed, meaning the charges were essentially dropped but could be brought back at a later date.
Colonial Heights Commonwealth's Attorney Gray Collins said the remaining charges were set aside because the probe now lies in the hands of everyday citizens. In an uncommon move Collins said he's only done one other time in his career, he requested the formation of a special grand jury.
“My deputy Noelle Nochisaki, she is working tirelessly to help the special grand jury. She's getting witnesses lined up, getting the documents lined up for them," Collins said.
In his petition to the court requesting the special grand jury, Collins said the alleged criminal activity at the facility developed into "a pattern relating to the care" and spanned multiple alleged victims and employees. He also said the grand jury is necessary to probe potential money laundering and Medicare and Medicaid fraud.
The nursing home previously called Collins' request "a legal matter that has been highly sensationalized."
“They're impaneled to look at any crime that they find, and so whatever range they find, they'll give me the report on those things. But mostly right now, it seems to be abuse and neglect," Collins said.
Those jurors are now on a secret fact-finding mission that could take six months or longer to complete. They'll hear witness testimony, review evidence, and then make final recommendations to prosecutors on indictments. The process is mostly led by the commonwealth with no defense attorneys present to push back on any information presented, and the bar to indict is relatively low. Collins said the jurors' work may end around March unless they request more time to investigate.
CBS 6 legal analyst Todd Stone said this is the "perfect case" for a special grand jury due to the complexities involved.
"It's used often in cases like this, where you've got testimony from lots of different people, and a lot of them might be reluctant to testify because they have co-workers involved, or they're worried about incriminating themselves," Stone said. "So you've got all these tools where you can issue subpoenas to witnesses and compel them to come in to the grand jury. You can put them under oath and require that they testify under oath, subject to the penalty of perjury."
As previously reported, lawyers for the facility legally challenged the police's reasoning for probable cause, execution of search warrants, and seizure of property. While Collins denied those legal challenges had anything to do with the special grand jury request, Stone said the special grand jury can be an opportunity to "wipe the slate clean" and start fresh in the investigation with reliable and credible information.
For this story, CBS 6 requested an interview with the facility's leadership, along with an on-site tour, to reflect on the case and discuss any changes that have been made to the nursing home over the past year. Spokesperson Mindie Barnett declined, saying in part, “We do not believe CBS6 is interested in sharing positive current information, but is instead fixated on very old, negative, and often repeated false allegations. Colonial Heights Rehabilitation and Health Center has new leadership, has made significant capital investments into upgrading the facility, and has enhanced staff training and retention with a focus on quality care.”
Barnett did not clarify what the "false allegations" were when asked.
According to the Centers for Medicare and Medicaid Services (CMS), Colonial Heights is part of the Lifeworks Rehab chain, which the Virginia Department of Health (VDH) said is a rehab vendor operating in facilities owned by Medical Facilities of America. The nursing home still has a one-out-of-five star "much below average" overall quality rating as it did a year ago, per CMS, but reported staffing hours per resident per day have increased considerably since late last year.
A VDH inspection completed shortly after last December's arrests cited multiple concerns with low staffing levels impacting care at the facility. Those problems have since been cleared by VDH, and as of this report, the agency said Colonial Heights remains in good standing.
“You've got to stay on schedule to inspect the places. That's number one, right? And I know the facility was behind in getting inspected by VDH, and I think that would help a lot," Collins said.
This case also brought heightened exposure to some broader problems, including significant gaps in the state's oversight of the industry. In the wake of several CBS 6 investigations into late nursing home inspections and slow responses to complaints, the General Assembly passed legislation earlier this year that would give VDH more enforcement powers and inspection funding.
And Governor Glenn Youngkin in August signed an executive order to bolster oversight and establish a new nursing home advisory board to make recommendations on improving care.
During one of those board meetings, member Jim Sherlock said of the new policy actions, “You got the money this year because of the scandal at Colonial Heights. That is the reason that the General Assembly passed the authorization and the budget.”
When asked for his thoughts on the case's broader impacts, Collins said, “This case obviously helps, but I think it's the reporting of this case and other cases that brings it to the public's attention. When things operate in the shadow, bad things can happen. But when you bring out problems to the public, and they can see the multitude of things that have gone on, not just here in Colonial Heights, but throughout the Commonwealth, it makes the public aware, and that makes the legislature act, and that makes the governor act.”
Share your nursing home stories with the CBS 6 Investigative Team: Email Melissa Hipolit and Tyler Layne
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
📲: CONNECT WITH US
Blue Sky | Facebook | Instagram | X | Threads | TikTok | YouTube
