Wrongly Accused

Case Study – Wrongly Accused of Assault

Case Study – Wrongly Accused of Assault 

NEXGEN Investigations was retained by the attorney representing the accused employee of assaulting an adult care center resident.

OUTCOME 

  • Client criminal charges dismissed.
  • No evidence to support the allegation.

BACKGROUND
The accused employee’s presence was requested at the care center’s management office, advising him that a complaint had been made against him. The resident of the care center alleged that the employee assaulted the resident.  After being advised of this accusation, the accused was then asked to leave the center. About a week later, the accused receive a phone call informing him that he has been terminated due to the assault charges levied against him. Shortly thereafter, the accused employee was contacted by law enforcement, advising the employee to turn himself in as criminal complaints have been filed against him.

Having retained legal counsel, the accused spent months in court failing to clear the charges brought against him. As you might imagine the loss of a steady pay check and having a baby on the way created additional anxiety and stress. Although innocent, the accused contemplated pleading guilty to a lesser charge as the stress of having lost his job and expecting a new baby weighed heavily on him to put this matter behind him. Upon searching more work,  a former employer learned of this injustice and recommended the services of Frank Costa, Private Investigator.

DISCOVERY
Time is critical in any investigation, evidence is often compromised, leads dry up, witnesses skip town — Murphy’s Law. NEXGEN Investigations was contracted four months into the case, needless to say that makes any case a lot more difficult to locate witnesses, secure statements, and yes solve the case. After meeting with the attorney and client an investigative strategy was developed.

A preliminary investigation was conducted on the individual making the claims against my client, the accused.

CRITICAL POINTS

  • The accused fully cooperated with police and waived his right for council deeming that the charges were baseless. After the interview with law enforcement, several felony charges were filed, including assault on a defenseless adult.
  • Due diligence revealed that the resident’s mother was on the board of directors of this residential care facility. False accusations must be considered, as there is a clear case of bias.
  • The competency of the resident of the adult home who filed charges against the employee was found to be mentally disabled.
  • Social media investigations identified other contributing factors of bias, which although compelling could not be substantiated.
  • On the day of the alleged assault, two employees’ with direct knowledge of the event were never interviewed prior to the client’s arrest. These two employees were located and statements secured as to what occurred on the alleged date and time.
  • Both employees statements support my client’s claim of innocence, as they had direct observation of my client arrival and departure of the residence.
  • Upon further fact finding, statements were secured from the two employees who had direct observation of the accused whereabouts on the day of the incident.
  • Additionally it was found that the resident had exhibited signs of aggression towards the accused, having assaulted the employee on multiple occasions.

The attorney presented NEXGEN’s findings to the district attorney office, making a very compelling case to dismiss the charges.  The accused criminal charges were dismissed, as there was no evidence to support the allegations.

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Frank Costa, President NEXGEN Investigations
Highly skilled and regarded, with over 15 years of loss prevention experience, Frank Costa is a licensed private investigator and expert in risk management.  His firm, NEXGEN Investigations develops innovative cost-effective solutions to mitigate risk. Frank Costa has successfully resolved cases involving loss of assets, workers compensation and general liability cases.

NEXGEN conducts detailed risk assessments and fraud examinations in the public and private sectors. Frank Costa understands first hand, how companies suffer losses and how to manage risk. “It’s not a matter of if, but when”, all companies need risk management to stay profitable. Costa is also an expert in the area of performing pre-employment background investigations, workplace misconduct investigations, and criminal investigations.