Nurse Indicted for Assaulting Elderly Nursing Home Resident
A Manchester nurse faces multiple charges including aggravated assault and elder neglect following an incident at Whiting Gardens Rehabilitation Center; a nursing assistant is also charged.
A licensed practical nurse and a certified nursing assistant have been indicted in connection with an alleged assault and neglect of an elderly patient at a nursing facility in Ocean County, New Jersey, according to an announcement by Attorney General Matthew J. Platkin, the Division of Criminal Justice, and the Office of the Insurance Fraud Prosecutor.
“Residents of adult care facilities need to be treated with respect, dignity, and care,” said Attorney General Platkin. “Physically assaulting a resident is inexcusable, and we will not stand by and allow such conduct to continue. These defendants will be held accountable.”
On September 9, 2025, a state grand jury indicted Lisa L. Erikson, 56, of Manchester, on multiple charges stemming from a March 19, 2025, incident at Whiting Gardens Rehabilitation and Nursing Center, located in Whiting, New Jersey. Charges against Erikson include:
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Aggravated assault (2nd and 3rd degree)
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Possession of a weapon for an unlawful purpose (3rd degree)
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Neglect of an elderly or disabled adult (3rd degree)
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Assault on an institutionalized elderly person (4th degree)
Joshua Benner, 34, of Brick, a certified nursing assistant also employed at the facility, was indicted on one count of neglect of an elderly or disabled adult (3rd degree).
“The allegations in this indictment are extremely troubling,” said Division of Criminal Justice Director Theresa L. Hilton. “This was a physical assault on an elderly victim, who was then left to wait for treatment for his injuries. The Office of the Insurance Fraud Prosecutor is prosecuting this case accordingly.”
Alleged Incident Details
According to court documents, Erikson and Benner were involved in a series of events that began around 8:00 p.m. on March 19 when an elderly male resident, reportedly suffering from dementia, depression, and anxiety, became agitated and began damaging equipment near the nurses' station. He allegedly pulled a computer mouse and a phone receiver by their cords and then struck a nursing cart while walking away, still holding the items.
Erikson allegedly approached the resident and sprayed him at close range with her personal oleoresin capsicum (OC) spray, a type of pepper spray. As the resident attempted to shield himself, Erikson allegedly sprayed him again before leaving him lying on the floor. Surveillance footage reportedly showed the man left unattended for several minutes before crawling to his feet and entering another resident's room.
Authorities allege that Erikson and Benner then forcibly moved the victim back to his own room without providing medical assistance. He remained without aid until emergency services arrived at 8:53 p.m., at which point he was transported to a hospital for treatment.
“Safety is a top priority for residents of our nursing facilities,” said Interim Insurance Fraud Prosecutor Al Garcia. “We will not tolerate anyone who would jeopardize the well-being of someone living at a rehabilitation facility.”
Prosecution
The case is being handled by the Medicaid Fraud Control Unit (MFCU) within the Office of the Insurance Fraud Prosecutor, with Deputy Attorney General Camille McKnight leading the prosecution under the supervision of Assistant Bureau Chief Michael Klein and Bureau Chief Heather Hadley. The investigation was led by Detective Yvette Vasquez, with supervisory oversight by Sergeant Justin Callahan, Lieutenant Joseph Jaruszewski, and Deputy Chief Rich King.
The Manchester Police Department and Ocean County Prosecutor’s Office also assisted in the investigation.
If convicted, the defendants face the following penalties:
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Second-degree charges: 5 to 10 years in state prison and fines up to $150,000
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Third-degree charges: 3 to 5 years in prison and fines up to $15,000
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Fourth-degree charges: Up to 18 months in prison and fines up to $10,000
At this stage, the charges remain allegations, and both defendants are presumed innocent unless and until proven guilty in a court of law.
Oversight and Reporting Resources
This case falls under the jurisdiction of New Jersey’s Medicaid Fraud Control Unit, which receives 75% of its funding from the U.S. Department of Health and Human Services and 25% from the State of New Jersey, totaling $12.63 million in federal fiscal year 2025.
Members of the public who suspect Medicaid fraud or abuse or neglect of elderly or disabled adults can report tips online or contact the MFCU by phone at (609) 292-1272 or via email at NJMFCU@njdcj.org.