Niagara Gazette

Local News

January 23, 2013

87-year-old nursing home resident pleads not guilty in fatal beating

(Continued)

Niagara Gazette — Rusek has been held in the Erie County Holding Center without bail since shortly after the incident.

"It's a sad case all the way around," Dogloff said. "The elderly are discarded, and confused ... they think differently than we do, because we have means ... we are thinking clearly. Their world is completely different once they are housed." 

Dogloff did not say whether or not Rusek's treatment or mental stability would be an issue during court proceedings.

If convicted, Rusek faces a maximum prison sentence of 25 years. 

"Any prison sentence will be a death sentence for him," Dogloff said. "He is in poor health ... he walks with two canes, he walks so slowly and so feebly."

Burns granted Dogloff's request to have 45 days to file motions.

Dogloff said he expects the case to go to trial.

"That is probably the ultimate place it will end up," he said.

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