Former Legacy CNA bound over to District Court for involuntary manslaughter – County 17

GILLETTE, Wyo. — The case of a former Legacy Living and Rehabilitation contract worker charged with a resident’s death entered District Court this week, with a judge finding sufficient probable cause to warrant further proceedings, Campbell County court records say.  

Bernard D. Hale, 57, is charged with felony involuntary manslaughter, a charge amended from manslaughter after his case entered District Court. The case was bound over on April 22 following a preliminary hearing in Circuit Court where a judge, based on the evidence and arguments, found sufficient probable cause to believe the offense had been committed as charged. 

Hale is accused of criminal recklessness resulting in the death of 88-year-old Judith Duvall, a dementia patient who succumbed to exposure and hypothermia earlier this year after walking out of the Legacy in below-freezing temperatures, according to an affidavit of probable cause filed in the case. 

At the time of Duvall’s death, Hale was a contracted Certified Nursing Assistant responsible for Duvall’s care. She was supposed to be under his supervision when she walked into the facility’s exposed courtyard around 6:51 p.m. Jan. 9, the affidavit states. 

Per court documents, Duvall crossed the courtyard and was walking toward an outdoor gazebo when surveillance captured her falling backward. The 88-year-old resident struggled to get to her feet for 20 minutes until she stopped moving at 7:33 p.m. 

Duvall’s exit tripped a door alarm, and Hale is seen in surveillance footage responding to it; however, he deactivated it without checking to see if anyone was outside, and he did not question a resident sitting next to the door, the affidavit states. 

The 88-year-old resident remained outside in the courtyard for several hours until 4:08 a.m. the following day, when a staff member found her body. During that time, National Weather Service records state windchill values fell into the single digits, per court documents. 

While Duvall was struggling outside, the affidavit states Hale was making false entries on her chart, noting 15 instances where he supposedly interacted with her and recording seeing her eating, using the restroom and exhibiting other behaviors. During the resulting police investigation, he reportedly said he went to her room at one point but didn’t check to see if she was inside. He would later change his story to say he physically saw her in bed. 

Hale continued to alter Duvall’s chart around the same time she was discovered outside, striking out previous entries and recording a toilet transfer at 4:17 a.m., according to the affidavit. 

Legacy leadership told police detectives that staff members are required to conduct patient rounds every two hours. They must physically locate and observe the resident while completing a “5Ps” evaluation, consisting of pain, potty, positioning, possessions, and personal needs, the affidavit states. 

Additionally, Legacy leadership stated chart entries are to be made at the time the behavior or activity noted is completed, never before, per court documents. 

In follow-up interviews, Hale admitted to knowing about the Legacy’s policies on patient rounds and charting. He claimed to have responded to multiple door alarms the night Duvall died but said they were tripped by other residents and that he didn’t see anything outside when he checked, according to the affidavit. 

Hale was ultimately arrested after the investigation revealed he failed to follow proper procedures and deviated from the accepted standard of care for Duvall. The affidavit states his actions resulted in Duvall’s death. 

As of April 24, a trial date has not been set. Under Wyoming State Statute, involuntary manslaughter is punishable by up to 20 years in prison, a fine of up to $10,000, or both.

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