Attorney General Peter F. Kilmartin announced that the execution of sentence for Erica Gagnon (age 32), of Pawtucket, commenced on Wednesday, February 15, 2017 for a charge of patient abuse to which she previously pleaded nolo contendere. Gagnon had pleaded on February 1, 2017 to one count of felony patient assault before Superior Court Justice Kristin Rodgers.
Under the terms of the plea, Gagnon was sentenced to three years suspended with probation and ordered to have no contact with the victim. As a result of the investigation and prosecution, the Rhode Island Department of Health has indefinitely revoked Gagnon's CNA license. Gagnon was also found to be in violation of an earlier conviction and was ordered to serve three years on home confinement as a violator.
Had the case proceeded to trial, the State was prepared to prove that in December 2014, Gagnon, a CNA, slapped an elderly resident of the Holiday Retirement Home in Lincoln, RI. The incident was reported by another employee.
During the investigation by the Attorney General's Medicaid Fraud Control and Patient Abuse Unit, it was discovered that Gagnon was on probation for a 2012 felony conviction for fraudulently obtaining public assistance, for which she was serving a five-year probation sentence. As a result of the new charge, Gagnon was determined to be in violation of her probation and was ordered to serve three years on home confinement.
Medicaid Fraud and Patient Abuse Investigator Paul San Souci led the investigation and Special Assistant Attorney General Kurt Mutter prosecuted the case on behalf of the Office of Attorney General.