My question involves criminal law for the state of: California
Mom passed last January.
Her 2nd husband, refused assistance in her care the past several years, he allowed her to fall six times during those years, he was her only care taker, they lived, just the two of them in a standard home; the last fall, she was in hospital for six weeks, she never fully recovered from that fall. I believe that last fall, if not the previous falls, caused her early demise. The sixth fall, she "went out to get the mail", fell on the concrete front step, and we still don't know how long she lay there, and either he does not know or refuses to tell us.
The doctors told us that first day at the hospital, "she probable will not recover from this fall", when she did "recover" enough to go home, after six weeks, the doctor actually used the word miracle.
Several family members spoke with him during the past several years suggesting he get assistance in her care, he refused, stating that he was capable of caring for her on his own. BTW, they can/could easily afford round the clock in home care, which is what she needed.
He hid HEALTH CARE POWER OF ATTORNEY from us, it placed Brother and me in charge of her health care, I did not find HCPOW until after her last fall. When she "recovered" (about 85%), and returned home, I immediately enacted 24/7 care for her. He was furious, but do nothing to stop me.
His allowing her to fall over and over again, refusing assistance, hiding HCPOW, I think constitutes Negligent Homicide.
I have briefly spoke with a Police Homicide Detective, he asked for autopsy report, which of course, there is not one. I tried to explain to him that there is not going to be "a smoking gun", I am now getting doctors reports, death certificate, statements from family members and care givers.
Would I be better off filing is Civil Court as opposed to Criminal Court?
Mom passed last January.
Her 2nd husband, refused assistance in her care the past several years, he allowed her to fall six times during those years, he was her only care taker, they lived, just the two of them in a standard home; the last fall, she was in hospital for six weeks, she never fully recovered from that fall. I believe that last fall, if not the previous falls, caused her early demise. The sixth fall, she "went out to get the mail", fell on the concrete front step, and we still don't know how long she lay there, and either he does not know or refuses to tell us.
The doctors told us that first day at the hospital, "she probable will not recover from this fall", when she did "recover" enough to go home, after six weeks, the doctor actually used the word miracle.
Several family members spoke with him during the past several years suggesting he get assistance in her care, he refused, stating that he was capable of caring for her on his own. BTW, they can/could easily afford round the clock in home care, which is what she needed.
He hid HEALTH CARE POWER OF ATTORNEY from us, it placed Brother and me in charge of her health care, I did not find HCPOW until after her last fall. When she "recovered" (about 85%), and returned home, I immediately enacted 24/7 care for her. He was furious, but do nothing to stop me.
His allowing her to fall over and over again, refusing assistance, hiding HCPOW, I think constitutes Negligent Homicide.
I have briefly spoke with a Police Homicide Detective, he asked for autopsy report, which of course, there is not one. I tried to explain to him that there is not going to be "a smoking gun", I am now getting doctors reports, death certificate, statements from family members and care givers.
Would I be better off filing is Civil Court as opposed to Criminal Court?
Homicide: Negligant Homicide/Burden of Proof
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