BAKERSFIELD, Calif. (KERO) — I’m Madi Vollmer, and I’ve been reporting on an alleged elder abuse case that was originally dismissed by the District Attorney’s office — then reopened following my coverage — and now, it’s taking a new turn.
A while ago, a video surfaced showing an alleged elder abuse case happening in Bakersfield. But the Kern County District Attorney’s Office initially rejected the case, saying it needed more evidence — a decision that left the victim’s family frustrated.
Windy Duenas is the daughter of alleged victim and she says, “There’s over 50 videos that they had at the time of saying there wasn’t sufficient evidence. And later, for the same evidence they had the first time, they now say it’s worth going in for a misdemeanor — when it meets all the elements of several felony charges.”
The DA’s office said it obtained additional statements and videos. After reviewing the case again, they filed a misdemeanor charge against Julie Rothgeb for allegedly causing pain, injury, or suffering to an elderly adult.
However, Windy Duenas — the daughter of the victim — believes the caregiver should be facing more serious charges. “For them to go in for one misdemeanor charge is crazy, because these all meet the elements for felony charges. If she gets charged with a misdemeanor, it’s going to be minimized down to nothing — and she’ll possibly walk away with just a slap on the wrist.”
I reached out to the DA’s office for comment. In a statement, they said in part:
“California has many criminal offenses that are chargeable as either a felony or misdemeanor, commonly referred to as ‘wobbler offenses.’ District Attorneys have discretion in determining the appropriate level of charges… Common considerations include the criminal history of the suspect, if any, and in abuse or assault cases, the presence or absence of physical injury to the victim, if any. This case was filed as a misdemeanor with those considerations in mind.
The suspect was issued a notice to appear in court. The case will now move forward through arraignment — and possibly trial.
Still, Windy says this sends the wrong message to the community — especially given the amount of evidence she says was available from the beginning. “What are they telling the community? That we don’t take this seriously? That elders are not worth protecting?” Duenas said.
A hearing date for the case is set for September 16th.
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