A CHANGED LIFE — Judy Rychcik responds to questions from reporters at a press conference in Albany after the sentencing of her attacker. PEF Director of Occupational Safety and Health Jonathan Rosen, Albany County District Attorney David Soares, Mike Rychcik (Judy’s husband) and PEF President Ken Brynien stand by her side.
Nurse receives justice at attacker’s landmark sentencing
Story and photo by DEBORAH A. MILES
A landmark sentencing took place November 4 because of the courage of a nurse, the Violence Against Nurses Law and the cooperation of Albany’s district attorney.
Judy Rychcik, a PEF nurse, pressed charges against her attacker under the Violence Against Nurses Law which went into effect in New York in November 2010. Under the law, an attack on a nurse is a Class D felony, just as with other protected groups such as police officers, firefighters and emergency responders.
Terry James, the man who assaulted her at the Capital District Psychiatric Center (CDPC) March 13, 2011, stood with his back to the courtroom where supporters of Rychcik came to hear the ruling.
Albany County Court Judge Dan Lamont sentenced James to five years in state prison and another five under parole supervision.
The sentence came after Rychcik’s husband, Mike, told the judge how the assault on his wife made his knees buckle when he saw her in the hospital, strapped to a backboard with a pool of blood by her head.
The blow James delivered to her face caused Rychcik to fall, exposing her skull. She sustained injuries to her neck, head, jaw and brain.
“He could have killed her. Because of this person’s actions, my wife Judy may never be in a position to help or even save someone’s life.
He not only has taken away a part of my wife’s life, but a part of mine and of our two children,” Mike Rychcik said.
At a press conference following the sentencing, a nervous yet courageous Rychcik told reporters changes need to be made.
The day the attack took place, Rychcik was responding to an intervention code at CDPC’s Crisis Unit.
“The attack may have been prevented if a security guard had been posted. And nurses need to be alerted to words or actions that can trigger a patient to go off. There should not be staff cutbacks, especially when dealing with people who have mental health conditions,” Rychcik said.
PEF President Ken Brynien said tragedies, such as the one Rychcik suffered, have been going on for a long time. He said managers of facilities have discouraged injured workers from filing reports. And the U.S. Department of Justice reported 5,000 nurses each year become victims of violent crimes in the workplace.
“If this attack took place two years ago, we would not be here today,” Brynien said. “This new law states it is a felony to attack a nurse while on-duty and was designed to help protect our nurses. PEF was aggressive in getting this law passed. It will go a long way in helping to protect our nurses when patients realize there will be consequences for their actions. The sentencing of Mr. James today is very significant.”
Albany’s District Attorney David Soares told reporters, “For decades, nurses and others serving the needs of their patients have had to endure brutal acts of violence in the workplace. For some inexplicable reason, the criminal justice response and the response of facilities has been to blame the victim or to suggest they had to assume the risk associated with their employment.
“Years ago, the Office of the Albany County District Attorney engaged with PEF and developed a strategy designed to hold accountable offenders, and also to let our practitioners know we support them. And now we have a law we can work with to complement our efforts. The case of Mr. James reflects the results of our collective efforts,” Soares said.
Rychcik said the sentencing of James and the support of PEF is helping to bring closure to the attack. She misses being a nurse, and doesn’t know if she will be able to return to her profession. And, she encourages other nurses to stand behind the law to help stop the assaults.
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