Nurse’s aide gets 6 months after burning quadriplegic with lighter

Credit: DaytonDailyNews

A home nurse’s aide accused of using a lighter to burn a developmentally disabled quadriplegic near her genitals was sentenced Thursday to five years’ probation, including the first six months in county jail.

Melanie D. Oliver, 35, pleaded guilty by bill of information to a third-degree felony of patient endangerment after originally being indicted for felonious assault while working for Alliance Healthcare Partners LLC.

“I would just like to say that I still have nightmares about that night,” the victim said from her wheelchair. “I actually have a scar on my body, and every time the skin gets a little bit irritated or anything happens in that area, the skin breaks down.”

Court records show a grand jury declined to indict Oliver on charges of patient abuse, rape and theft of drugs for incidents detailed in a statement of facts written by a Miami Twp. police detective included in the case’s records.

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The statement of facts said the victim was examined at an area hospital and that her home health nurses told hospital staff about Oliver’s actions that happened from April to July 2014 at the victim’s home.

The document said Oliver burned the woman with a hot cigarette lighter and stretched her arms and legs in order to induce pain.

Credit: DaytonDailyNews

The victim said she had been threatened with physical harm if she reported the ongoing abuse, according to the detective’s statement of facts, which indicated injuries were observed near the patient’s anus and vaginal areas.

The woman said Oliver once said she was going to “burn the demons out of you” and, at one point, kissed and then straddled the victim’s face, according to the statement of facts.

The document also said one of the victim’s home health nurses said Oliver tried to get to the victim while in the hospital, was refused and returned again after changing her appearance.

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A Montgomery County Prosecutor’s Office spokesman said the case originally was ignored by a grand jury in 2014. He said more evidence led to an indictment in February 2015, but that Oliver was at large until June 1, 2017, when she was jailed with a $100,000 bond.

“Discussions were made with the victim in the case, who requested that the case be resolved in such a manner that she would not have to testify during a trial,” said prosecutor’s office spokesman Greg Flannagan. “The victim’s main concern was that the defendant be prevented from victimizing other patients.”

Flannagan said the plea agreement was made with the support of the victim and the detective.

Montgomery County Common Pleas Court Judge Dennis Langer ordered Oliver not to work for any business that involves medical or personal care or with disabled persons. “And you’re not to work with disabled persons in any capacity,” Langer told Oliver, “in any way.”

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Langer also said Oliver must undergo a drug and mental health evaluation, comply with any treatment, not have any contact with the victim and that she could serve three years in prison if she violated her probation.

“It’s my belief that the defendant needs counseling or some help,” the victim said. “That’s all I want to say, your honor.”

When asked for her comment, Oliver only asked the judge about how days of jail-time credit she had. Langer said she’s served 92 days of her 180-day sentence and is scheduled to be released Nov. 6.

Oliver also was ordered to pay a $250 supervision fee and court costs. Neither Oliver’s attorney, Michael Monta, nor Alliance returned messages seeking comment.

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