YOUNGSTOWN, Ohio (WYTV) – A man convicted of assaulting a patient at a nursing home in Youngstown was sentenced Monday morning.
Gilbert Macali was sentenced to five years probation. He pleaded guilty in April to gross sexual imposition in the assault of a 93-year-old dementia patient at the Camelot Arms Care Center while he was working as a nurse.
“That, in fact, has made this a crime because she was not able to consent to doing anything with the defendant sexually,” said Assistant Mahoning County Prosecutor Jenn McLaughlin.
Police say the incident happened last September and that a family member witnessed the assault and called the police.
As Macali stood in court, Judge Scott Krichbaum was not hiding his disgust.
“I’m at a loss for words here,” Krichbaum said. “This woman’s 93 years old? My mother’s 93 years old…I can’t imagine somebody being forced into doing something like this with a 93-year-old woman, let alone a 93-year-old Alzheimer’s patient.”
At one point, Macali tried to apologize to the victim’s family.
“It was not my place, I was in a position of power and a potential of trust.”
Friends of the victim, who passed away in February, say what makes this case even more disturbing is knowing who Macali assaulted; the mother of his own stepmother.
“The fact that he had called this woman grandmother, grown up, called her grandmother throughout his life,” Betty Savach said. “It’s just deplorable, something that’s unfathomable in my mind, that somebody could do this.”
Krichbaum admits, regardless of his own feelings, Macali’s charge is a lower-level felony and state sentencing guidelines require counseling if it is available instead of time behind bars.
“You should sit in the penitentiary for a while, that’s what I think,” he said.
Still, Krichbaum warned the defendant that he would go to prison for 18 months if he gets in trouble again.
“You look me in the eye and you understand that I’m a man of my word. You’re going down.”
Afterward, the victim’s sister, Alice Christy, says she is disappointed in the outcome.
“I would liked to have seen him spend something in jail anyway with someone correcting him 24 hours a day.”
Instead, Macali was labled a “Tier 1” sex offender and placed on community control for the next five years.