Kalispell woman sentenced in elder abuse case
A Kalispell woman was sentenced for felony elder abuse after being convicted of neglecting her elderly mother, whose body was found in a bed soaked in urine and fecal matter, in a house they shared.
Flathead District Court Judge Robert Allison followed the defense’s recommendation in giving Jean Kathleen Fox a six-year deferred imposition of sentence on Thursday, Aug. 10. In addition Fox, 55, will need to obtain a mental health evaluation within 30 days. Conditions will include that she not be allowed to seek or maintain a paid or unpaid position as a caregiver.
Fox was previously convicted on a no-contest plea. A no-contest plea is when a defendant doesn’t admit guilt, but accepts a sentence.
Allison took into account Fox’s lack of criminal history in sentencing her.
“It does appear to me there were some mental health issues at work here. The victim was extremely old and apparently didn’t want certain things done and Ms. Fox used some pretty poor judgment, so I think a conviction and a sentence is appropriate for that. I don’t really have a problem with, however, deferring imposition,” Allison said. “I don’t think Ms. Fox is a threat to the community and if there is a violation we still have the ability of a 10-year sentence that can be imposed.”
Prior to sentencing, defense attorney William Managhan noted that Fox had no prior criminal record.
“This case is a really sad case your honor. The victim in this case was my client’s mother, who was 91 years old. My client is now 55 years old herself. She has no previous felony or criminal record to speak of. The fact she was able to go 54 or 55 years without a criminal charge I think speaks to her character and that she’s not our typical client,” Managhan said.
“I just want the court to give her an opportunity to prove on probation that she deserves a second chance your honor,” he added.
While both the state and defense agreed that incarcerating Fox was unnecessary, there was a disagreement on whether she should have received a suspended or deferred imposition of sentence. A deferred imposition of sentence means that if she completes probation successfully, the incident may be expunged from her record.
The state had recommend a 10-year suspended sentence with the Department of Corrections.
“I believe a harsh sentence is warranted because of the circumstances the victim did have to suffer through the last months of her life when she was found in deplorable conditions and the defendant was tasked with caring for her and she failed to do that,” prosecutor John Donovan said prior to sentencing.
Kalispell Police Department responded to a call from Fox who reported the unattended death of her mother on May 16, 2016. Fox told police she had lived with and cared for her mother since 2013, according to court documents.
Officers went to the Kalispell residence and found the mother’s body in a hospital bed that had a mattress, blankets and pillows soaked in urine and fecal matter, according to court documents. The body was then transported to a local funeral home where an officer photographed the body after it was cleaned. The officer noted sores on the arms of the body, an abscess on her back and possible gangrene and sores on the right foot of the body.
On Jan. 5 an officer contacted Fox to talk about her care of her mother. Fox reportedly admitted to missing two recent medical appointments for her mother. She also admitted to needing help in caring for her mother and was contemplating setting up hospice care, court documents state.
Reporter Hilary Matheson may be reached at 758-4431 or hmatheson@dailyinterlake.com.