Albany DA addresses assault on CDPC nurse
By DEBORAH A. MILES
Richard Graham, a PEF registered nurse who works at the Capital District Psychiatric Center (CDPC) in Albany, was punched in the nose July 23 by a patient who is a repeat assaulter.
The patient was arrested and taken to jail August 1 for breaking his probation, but initially got away with fracturing Graham’s nose.
Because of PEF’s relationship with the Albany County district attorney’s office, which was spearheaded last year by PEF Vice President Pat Baker, the union was able to act quickly.
The incident happened when Graham, who was on break, heard a ruckus and walked into an area where a client was literally throwing a clothes dryer and threatening to kill a mental health therapy aide (TA).
“The nurse administrator and charge nurse were trying to talk him down, along with some TAs. I stepped in. Then I made the mistake of glancing at another employee to get a signal, because the patient was out-of-control and dangerous. When I looked back, there was a fist coming at me. There wasn’t enough time to duck. He hit me squarely on the nose,” Graham said
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After the patient was restrained, Graham said, “Fortunately for me, someone from ASAP (Assaulted Staff Action Program) was on the scene. She looked at me, saw me bleeding, and told me to leave.”
Graham sought medical attention. A physician also evaluated the patient who made the assault.
“If the doctor had said this person was experiencing a psychotic episode, I might not have filed charges. It was determined he was not psychotic at the time of the assault,” Graham said.
Insult to injury
The CDPC safety department called the Albany Police Department. To add insult to injury, when the police arrived, Graham said, “They were negative right from the beginning. The first thing they said: ‘I hope you know we are not taking this guy out of here.’
“The officers didn’t ask any questions about the blood on my shirt. They didn’t ask to view the video that showed the assault. There was a lack of investigative quality on the officers’ part,” said Graham, who also has a criminal justice degree.
“They wrote the incident up as a violation, mere harassment.”
PEF steps in
After getting documentation that his nose was broken, which is an assault and not a violation, Graham went back to the police department to have the charge upgraded. He was routed back and forth to various locations and departments.
“I went through a real round robin for something that should have been cut and dried right from the beginning,” Graham said.
“PEF made things easier and was a great help.”
According to PEF Director of Occupational Health and Safety Jonathan Rosen, “Assistant District Attorney Mark Harris contacted the police commander who ensured the criminal charges against the patient were upgraded and also called Graham to apologize for the mishandling of the case.”
“Harris also contacted the Probation Department which ultimately led to the arrest of the patient who assaulted Graham.” Rosen said.
“When you are a victim, things should happen right away, but sometimes they don’t,” Graham said. “When you have been in a situation where an injury rises to the level of an assault, don’t give up the fight for your rights as a victim.
“PEF has shown me there are avenues and channels to take.
