Office of the Attorney General
Attorney General Conway Announces Alford Plea and Sentencing of Former Marshall County Caregiver

Press Release Date:  Thursday, May 14, 2015  
Contact Information:  Leland Hulbert
Deputy Communications Director
502-696-5659
 


Attorney General Jack Conway today announced the Alford plea and sentencing of a former caregiver on a charge of recklessly abusing a vulnerable adult at a long-term residential care facility located in Marshall County, Ky.  Yesterday, 61-year-old David McClure of Gilbertsville, Ky. entered an Alford plea and was sentenced in Marshall District Court to six months in jail, which will be suspended for a period of two years. As a condition of his suspended sentence, McClure agreed to have no contact with the victim and agreed not to work or volunteer in a Medicaid facility or in any position where he would be in contact with children or adults with physical or legal disabilities.

David McClure was a caregiver for a 28-year-old developmentally disabled resident of a Community Alternatives Facility in Benton, Ky.  By entering an Alford plea, McClure did not admit to committing the crime, but agreed that if the case went to trial, there was enough evidence that it was a strong likelihood he would be convicted.  The investigation by the Office of the Attorney General found that in July 2013, McClure forcefully pulled and twisted the arms of the victim to restrain him while he was sitting in a chair.  The victim suffered bruising as a result of the incident. 

Attorney General Conway’s Medicaid Fraud and Abuse Control Unit investigated this case after a referral from the Department of Community Based Services.  The case was prosecuted by Marshall County Attorney Jeffery Edwards.

“I believe strongly that every patient in a nursing home, Medicaid facility, or personal care home deserves to be treated with dignity and respect and should be free from patient abuse, neglect or exploitation,” Attorney General Conway said.  “Instances of abuse will be investigated, and when appropriate, prosecuted.” 

Medicaid Recoveries
Attorney General Conway has investigated and prosecuted more abuse and neglect cases than any previous Kentucky Attorney General.  Since Attorney General Conway took office in January 2008, his Office of Medicaid Fraud and Abuse Control has led or participated in actions that have recovered more than $300 million for state and federal-funded Medical programs. These cases range from lawsuits and settlements against pharmaceutical companies to cases against individual providers.

In 2012, Attorney General Conway’s Medicaid Fraud Unit was named one of the most aggressive in the country by the nonprofit watchdog group Public Citizen.  The Attorney General’s tip line for reporting allegations of abuse is 1-877-228-7384.