For Immediate Release - July 08, 2011

Former Certified Nursing Assistant Arraigned for Allegedly Abusing 90-Year Old Nursing Home Resident

MARLBOROUGH - A former Certified Nursing Assistant (CNA) at the Marlborough Hills Healthcare Center facility has been arraigned in connection will allegedly abusing an elderly resident at the facility, Attorney General Martha Coakley's Office announced today.

"We allege that this defendant physically assaulted a 90-year old resident at this nursing home," AG Coakley said. "Our office takes crimes against the elderly seriously and we will continue to hold those accountable who violate the trust of residents under their care."

Gabriel Kioi, age 39, of Worcester, was arraigned today in Marlborough District Court on the charge of Assault and Battery on an Elderly Person.

In November 2010, the AG's Office began an investigation after the matter was referred by the Massachusetts Department of Public Health (DPH). Investigators discovered that in July 2010, Kioi allegedly physically assaulted the elderly victim while the victim was seated. The alleged act was witnessed by an employee of the facility. The facility terminated Kioi's employment after it conducted an internal investigation into the matter. After DPH investigated the matter, the case was referred to the AG's Office for prosecution.

Today, Kioi was arraigned in Marlborough District Court where he entered a plea of not guilty before District Court Robert Harbour. Kioi was released on personal recognizance, and ordered to stay away from the facility and its employees and not to work with elderly or disabled persons while his case is pending. Kioi is due back in court on July 28, 2011, for a pre-trial conference.

The case is being prosecuted by Assistant Attorney General Joshua Orr and was investigated by Investigator Brian Robinson, both of AG Coakley's Medicaid Fraud Division.