Couple Sentenced for Leaving 95-Year-Old With Broken Leg on Care Facility Floor for Hours

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The former operators of a Puyallup adult care facility have been sentenced for their treatment of a 95-year-old woman who broke her leg and was left for hours on the floor, according to court records.

Lilian Wambui Cubi, 51, and her husband, 59-year-old Patrick Cubi Mbiri, pleaded guilty Thursday to fourth-degree criminal mistreatment of Betty Torrey, who later died.

Superior Court Judge Matthew Thomas sentenced Cubi to 90 days in jail, with 70 of those suspended. He sentenced Mbiri to 90 days with 60 suspended. A charge against their daughter, 22-year-old Santana Wangui Cubi, was dismissed.

The victim's granddaughter, Natasha Rowe, told the court Torrey was selfless, strong, loving and that "seeing her was very much a part of our everyday lives."

The defendants, she said, "left her on the floor in agonizing pain."

Another granddaughter, Amanda Roberts, told the court: "My grandma deserved so much more."

Defense attorney Michael Stewart, who represented Mbiri, told the court his client was pleading "to exactly what his conduct was."

He said that Torrey had advanced dementia, that his client didn't know that she was injured and that Mbiri "apologizes profusely" and accepts responsibility.

"Betty Torrey deserved better, she did," Stewart said.

Mbiri himself apologized to the family.

"I'm so sorry," he said. "... I did my best."

Attorney Bryan Hershman, representing Cubi, told the court his client had worked with many patients in the care industry since 2013 and that it's a "challenging industry in which to work."

He said Cubi had been in to care for Torrey multiple times that day.

She's had "sincere remorse since this case began," he said.

Cubi told the court: "I'm sorry for the pain I caused to Betty's family."

Both attorneys noted their clients will never work in the field again.

Charging papers made these allegations about what happened:



The couple ran the Able Care Adult Family Home where Torrey lived, and her family put a "nanny cam" in the room because of prior falls.

Footage showed Torrey call for help about 4 a.m. Nov. 13, and Cubi "scolded her to go back to bed."

Torrey called for help again and fell out of bed at 4:24, then cried out in pain and asked for a doctor.

She tried to pull on the curtains to get up, at which point Mbiri slapped her hand.

Torrey said: "Honey, don't hit me," asked for help getting up, and said she needed a doctor, the declaration for determination of probable cause said. "Torrey said that she could not move her leg and repeatedly indicated that it was broken."

Cubi tied the curtains back so that Torrey couldn't grab them, the couple left her on the floor, and at 7 a.m. paramedics arrived.

"The co-defendants did not mention that she had fallen out of bed at 4:30 a.m. and instead reported that she had a light assisted fall (which is contradicted by the video footage)," the probable cause statement said. "At the time, likely due to dementia — Torrey did not indicate any concerns to the EMTs that her leg was broken — even though she repeated(ly) verbalized that a few hours earlier."

Torrey was treated for a complex femur fracture after her leg was swollen later that day at a cardiologist appointment and she couldn't put weight on it. She died 11 days later.

Her granddaughter checked the video after Torrey's roommate said she had been on the floor until 7 a.m.

Police shut down the facility in February.

The agreed recommendation of the attorneys was for suspended sentences. Thomas said he thought some jail time was warranted.

He told the couple they had a position of trust and responsibility.

"The way we treat our elderly says a lot about who we are ... ," the judge said.

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