The Journal-News reported on the rape of a nursing home resident by a mentally incompetent resident.  Gary Eugene Earls, who has limited mental capacity, was arrested by police after a incident at Close to Home.  Earls was indicted by a Butler County grand jury on two counts of rape in December.  Earls admitted to physically penetrating the 95-year-old woman during the early morning hours of Nov. 17. He said he went into the woman’s room and pulled down his pants. The woman was naked, Earls said.  The 95-year-old woman died just weeks after the incident. She suffered from dementia but was alert.

Prosecutors fought to keep control of the case to ensure Earls would not be placed in a facility where he could potentially assault another person. The issue surrounding what to do with Earls was “a black hole of the justice system,” Butler County Prosecutor Michael Gmoser said.

“(The judge) ultimately has to make a determination that the evidence established that he committed the acts to constitute the criminal offense,” Gmoser said. “It is also a serious offense and the public has an interest in respect to public safety … the state is asking for her to approve his commitment to a mental facility equipped to handle these type of offenders.”

The rapist was committed to a psychological facility, Summit Behavioral Health, a facility for mentally ill adults.  In addition to the cognitive problems, Earls has a history of alcohol and drug abuse.



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