Oneida, NY – NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning announced that an aide employed by The Arc of Madison Cortland was arrested for shoving a person in her care to the ground, causing injury to the victim’s head.
Kimberly M. Davis (DOB: 08/18/1993) of Vernon is charged with:
- Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, a class “E” felony; and
- Assault in the Third Degree, a class “A” misdemeanor.
The charges stem from an incident in March 2017 in which the defendant allegedly pushed the victim, who has a developmental disability, to the ground, causing an injury to the victim’s head. The Oneida City Police Department led the investigation with assistance from the Justice Center.
“For a worker to disregard her responsibility to an individual with special needs in her care, as this defendant is alleged to have done, is unacceptable,” said Special Prosecutor Gunning. “Workers who injure vulnerable New Yorkers will be investigated and charged when appropriate.”
Davis was arraigned before the Honorable Michael J. Misiaszek of Oneida City Court and released on her own recognizance. She is due to reappear in court April 21. The Arc of Madison Cortland is licensed and certified by the NYS Office for People With Developmental Disabilities (OPWDD).
Supervising Assistant Special Prosecutor Linda Ellen Gafford is prosecuting the case, which was investigated by Oneida City Police Department Sergeant David Meeker, with assistance from Justice Center investigator John Dellerba. Special Prosecutor Gunning thanked the Oneida City Police Department for their investigation and the office of Madison County District Attorney William G. Gabor for its support of the Justice Center’s prosecution of this case.
About the Justice Center
The Justice Center has statutory authority to investigate and prosecute crimes against vulnerable New Yorkers. The agency also assists other law enforcement agencies -- such as the New York State Police, local police departments, and District Attorneys -- with their investigations that involve abuse or neglect of people with special needs.
In addition to its law enforcement authority, the Justice Center is also empowered to pursue administrative actions against staff found responsible for misconduct. Workers found responsible for the most egregious conduct are permanently barred from employment at facilities serving vulnerable populations under the Justice Center’s jurisdiction.
The Justice Center operates a statewide, toll-free hotline for people reporting allegations of abuse, neglect, and significant incidents 24 hours a day, seven days a week. To report incidents of abuse and neglect call 1-855-373-2122.
Editor’s note: In compliance with Rule 3.6(b)(6) of the Rules of Professional Conduct, you are advised that a charge is an accusation and that a defendant is presumed innocent until and unless proven guilty.
FOR IMMEDIATE RELEASE: April 12, 2017
Contact: Diane Ward, Office of Communications