November 1, 2024, Thousand Oaks-- At approximately 4:40 A.M., deputies from the Thousand Oaks Police Station responded to a call for service at a Silverado Thousand Oaks Memory Care Community, a long-term care facility.
The call was regarding a resident who was agitated, had broken a window, and was possibly injured. The subject was also preventing the treatment center’s staff from approaching him.
Deputies located and detained the agitated resident, who was identified as Thomas Buckley, 58, in a common area of the facility. While deputies were addressing the situation with Buckley, the long-term care facility staff checked on Buckley’s roommate, Michael Patterson, 72, who was in his assigned room. The facility’s staff noticed Patterson had severe injuries, caused by an assault. Personnel from the Ventura County Fire Department and American Medical Response (AMR) responded to the scene and pronounced Patterson deceased.
Ventura County Sheriff’s Office investigators assumed the subsequent investigation. The investigation also revealed that prior to the deputies arrival, Buckley had assaulted a facility staff member causing a minor injury.
Buckley was identified as the suspect in Patterson’s death and was arrested for a violation of PC 187(a) – Murder, PC 245(a)(1) – Assault with a Deadly Weapon, and PC 594 - Vandalism. Buckley was booked at the Pre-Trial Detention Facility in Ventura, CA. Buckley’s bail was set at $2,000,000 and his arraignment is currently scheduled for Tuesday, November 5th, at 1:30 PM in the Ventura County Superior Court.
Deputies located and detained the agitated resident, who was identified as Thomas Buckley, 58, in a common area of the facility. While deputies were addressing the situation with Buckley, the long-term care facility staff checked on Buckley’s roommate, Michael Patterson, 72, who was in his assigned room. The facility’s staff noticed Patterson had severe injuries, caused by an assault. Personnel from the Ventura County Fire Department and American Medical Response (AMR) responded to the scene and pronounced Patterson deceased.
Ventura County Sheriff’s Office investigators assumed the subsequent investigation. The investigation also revealed that prior to the deputies arrival, Buckley had assaulted a facility staff member causing a minor injury.
Buckley was identified as the suspect in Patterson’s death and was arrested for a violation of PC 187(a) – Murder, PC 245(a)(1) – Assault with a Deadly Weapon, and PC 594 - Vandalism. Buckley was booked at the Pre-Trial Detention Facility in Ventura, CA. Buckley’s bail was set at $2,000,000 and his arraignment is currently scheduled for Tuesday, November 5th, at 1:30 PM in the Ventura County Superior Court.
The incident is currently under investigation as a homicide. An autopsy is pending, and the Ventura County Medical Examiner’s Office will determine the official cause and manner of death.
This is an active and ongoing homicide investigation. Anyone who has information regarding this incident is encouraged to contact Detective Gerardo Cruz at (805) 384-4726 or Detective Erik Hernandez at (805) 384-4729.
What the Law Says - Thomas Buckley
The insanity defense contains at its root an intractable tension between the insane as sick and the insane as criminally deviant. The phrase “mentally-ill offender” “ personifies the social issues of therapeutic concern for and attack against those who deprive society of property, or threaten its physical well-being.
Weaver v. Ward is a 1616 English case which originally set the boundary that mentally disabled defendants are held to the reasonable person standard. The pre-eminent American cases addressing the reasonable person standard began with Ward v. Conatser.
Case of Note
Cnty. of Los Angeles v. Superior Ct., 222 Cal. App. 4th 434, 166 Cal. Rptr. 3d 151
While suffering from dementia that caused him to believe that people were stealing his veterans' benefits, Nattie Kennebrew, Jr., shot and killed a handyman who had come to do repairs at his apartment on January 28, 2009. The defendant, a dementia patient, was charged with murder, assault with a deadly weapon, and attempted murder. The Superior Court, Los Angeles County, Norman J. Shapiro found the defendant incompetent to stand trial, committed defendant to a state hospital, ordered the public guardian to act as conservator for defendant, and ordered the public guardian to petition for establishment of a conservatorship under the Lanterman-Petris-Short (LPS) Act. County petitioned for writ of mandate. The court upheld this ruling on appeal.
Penal Code 28
(a) Evidence of mental disease, mental defect, or mental disorder shall not be admitted to show or negate the capacity to form any mental state, including, but not limited to, purpose, intent, knowledge, premeditation, deliberation, or malice aforethought, with which the accused committed the act. Evidence of mental disease, mental defect, or mental disorder is admissible solely on the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged.
(b) As a matter of public policy there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse in a criminal action or juvenile adjudication hearing.
(c) This section shall not be applicable to an insanity hearing pursuant to Section 1026.
(d) Nothing in this section shall limit a court’s discretion, pursuant to the Evidence Code, to exclude psychiatric or psychological evidence on whether the accused had a mental disease, mental defect, or mental disorder at the time of the alleged offense.
(a) Evidence of mental disease, mental defect, or mental disorder shall not be admitted to show or negate the capacity to form any mental state, including, but not limited to, purpose, intent, knowledge, premeditation, deliberation, or malice aforethought, with which the accused committed the act. Evidence of mental disease, mental defect, or mental disorder is admissible solely on the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged.
(b) As a matter of public policy there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse in a criminal action or juvenile adjudication hearing.
(c) This section shall not be applicable to an insanity hearing pursuant to Section 1026.
(d) Nothing in this section shall limit a court’s discretion, pursuant to the Evidence Code, to exclude psychiatric or psychological evidence on whether the accused had a mental disease, mental defect, or mental disorder at the time of the alleged offense.
What the Law Says - Silverado Thousand Oaks Memory Care Community
Case of NotePeople v. Skiff, 59 Cal. App. 5th 571 (2021)
Liability for Custodians
To support a conviction for elder abuse, prosecution was required to prove that: (1) defendant, having care or custody of the victim, willfully caused or permitted him to be placed in a situation where his person or health was endangered; (2) defendant caused or permitted the victim to be endangered under circumstances or conditions likely to produce great bodily harm or death; (3) the victim was an elder; (4) when the defendant acted, he knew or reasonably should have known that the victim was an elder; and (5) defendant was criminally negligent when he caused or permitted the victim to be endangered. Cal. Penal Code § 368(b)(1).
Liability for Custodians
To support a conviction for elder abuse, prosecution was required to prove that: (1) defendant, having care or custody of the victim, willfully caused or permitted him to be placed in a situation where his person or health was endangered; (2) defendant caused or permitted the victim to be endangered under circumstances or conditions likely to produce great bodily harm or death; (3) the victim was an elder; (4) when the defendant acted, he knew or reasonably should have known that the victim was an elder; and (5) defendant was criminally negligent when he caused or permitted the victim to be endangered. Cal. Penal Code § 368(b)(1).
Prohibition on unjustified institutional isolation of persons with disabilities and right of elderly residents of residential care facilities to be free from involuntary seclusion do not absolve facilities of their responsibility to provide supervision necessary for the safety of their residents. Cal. Health & Safety Code § 1569.269(a)(10); Cal. Code Regs. tit. 22, § 87468.2, (a)(8).
(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Substantial inability or failure of an elder or dependent adult to manage their own finances.
(6) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.
(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), inclusive, of subdivision (b).
Resources for Elder Abuse
Welfare and Institutions Code 15610.57
(a) “Neglect” means either of the following:
(a) “Neglect” means either of the following:
(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Substantial inability or failure of an elder or dependent adult to manage their own finances.
(6) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.
(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), inclusive, of subdivision (b).
Resources for Elder Abuse
IF ABUSE OCCURS IN RESIDENTIAL CARE HOME FOR THE ELDERLY (RCFE) AKA ASSISTED LIVING OR BOARD AND CARE HOMES
Report to Community Care Licensing
CCIB – Centralized Complaint and Information Bureau
LETUSNO (On poster displayed at facility)
Tel: 844-538-8766
Fax: 916-651-6668
Email: letusno@dss.ca.gov
IF ABUSE OCCURS IN SKILLED NURSING FACILITY (SNF)
Report to the California Department of Public Health
California Department of Public Health/Licensing & Certification
1889 N. Rice Ave. Ste 200
Oxnard, CA 93036
Tel: 805-604-2926
Fax: 805-604-2997
IF ADULT OR ELDER ABUSE OCCURS IN THE COMMUNITY
Report to Adult Protective Services
APS Ventura County
Tel: 805-654-3200 (Hot Line)
Fax: 805-650-1521
National Long term care ombudsman visit https://theconsumervoice.org/get_help
Visit the Long Term Care Ombudsman for your county in California at https://www.aging.ca.gov/Find_Services_in_My_County/
Report to Community Care Licensing
CCIB – Centralized Complaint and Information Bureau
LETUSNO (On poster displayed at facility)
Tel: 844-538-8766
Fax: 916-651-6668
Email: letusno@dss.ca.gov
IF ABUSE OCCURS IN SKILLED NURSING FACILITY (SNF)
Report to the California Department of Public Health
California Department of Public Health/Licensing & Certification
1889 N. Rice Ave. Ste 200
Oxnard, CA 93036
Tel: 805-604-2926
Fax: 805-604-2997
IF ADULT OR ELDER ABUSE OCCURS IN THE COMMUNITY
Report to Adult Protective Services
APS Ventura County
Tel: 805-654-3200 (Hot Line)
Fax: 805-650-1521
For Legal Help Relating to Elder Abuse Click the link below
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