During a historic winter storm, a 73-year-old disabled woman died in an unheated room with open windows after staff at an Austin, Texas, assisted living facility ignored her plight.
Mendi Ramsay, Executive Director of Harvest Renaissance – Austin, LLC, and Rochelle Alvarado, Wellness Director, were indicted on Thursday for causing injury to an elderly person, according to the Travis County District Attorney’s Office. The company was also charged.
Cynthia Pierce, 73, was inside the Renaissance Austin Assisted Living Facility on February 17, 2021, when Winter Storm Uri knocked out power in the area, but she was not properly cared for, according to the district attorney’s office, citing multiple alleged failures.
Pierce, who was described as “elderly and disabled” by authorities, was in a “unheated room with the windows open.” Employees at the facility allegedly “failed to promptly move and transport” her to a warmer part of the facility, despite the fact that such a section was “readily available” when they discovered her in the unheated room.
According to the indictment returned by a Travis County grand jury, the employees were not only negligent when they “failed to properly care” for Pierce, but also by failing to notify the Texas Health and Human Services Commission of their power outage during the storm.
“The staff’s conduct was authorized by high-level managerial agents, specifically Mendi Ramsay or Rochelle Alvarado, acting on behalf of Harvest Renaissance-Austin, LLC, within the scope of their official duties,” according to the district attorney’s office.
Pierce was later rushed to the hospital, where she died from hypothermia.
“We are grateful that the District Attorney’s Office is pursuing justice in this case,” Pierce’s daughter, Holly Ferguson, stated. “Harvest misrepresented itself as a licensed care facility capable of providing care based on dignity, safety, and compassion.” Their misrepresentation and gross negligence contributed directly to my mother’s death.”
“My Mom was left alone and freezing, and it shouldn’t have happened,” Ferguson continued. “We hope this criminal case will force Harvest to take responsibility for their failings and make permanent changes so that something like this never happens again.”
In a statement to Austin NBC affiliate KXAN, the attorney representing Ramsay and Alvarado, Sam Bassett, said the death “was through no fault of their own, and certainly no crime was committed,” adding that his clients will plead not guilty and that their thoughts are with the Pierce family.
Joshua Saegert, an attorney for Harvest Renaissance-Austin, LLC, which operated the nursing home in 2021, told the news station that he is “aware that charges have been filed against the company and its former employees regarding an event that occurred during Winter Storm Uri in February 2021.” Our thoughts are with the resident’s family and loved ones, and we will continue to cooperate with local authorities.”
Pierce had a body temperature of 94 degrees when she arrived at the hospital, according to her niece, Elyse Yates. “She’d frozen to death, and that was devastating,” Yates told KXAN in May 2021.
The Travis County District Attorney’s Office learned of Pierce’s death from her family last year after a complaint was filed with the office’s Public Integrity & Complex Crimes Division.
“All families should know that when their loved ones reside in an assisted living facility, they will be safe,” said Travis County District Attorney José Garza. “When employers and their employees engage in criminal conduct and expose vulnerable people to dangerous living conditions, this office will hold them accountable.”
“It really does bring it all back up to the surface,” Ferguson told the local NBC station, adding that she spoke with her mother just the day before her death. “But overall, there is a lot of hope and I’m thankful that it’s in the spotlight now.”
Ramsay and Alvarado are both scheduled to appear in court on Wednesday. The Pierce family has also reportedly filed a civil lawsuit against Harvest Renaissance – Austin, LLC.
Winter storm Uri was a historic storm in the Lone Star State, dumping “record amounts of snow on Texas, with frigid temperatures and severe weather impacting all 254 counties in February 2021,” according to the Texas Division of Emergency Management.
“Millions of Texans have lost power. “Snow and ice, combined with extremely low temperatures, resulted in widespread road closures and hazardous travel conditions,” it added. “State emergency management leaders activated warming centers in communities throughout Texas, and a large number of personnel were deployed to assist stranded motorists and conduct welfare checks. Gov. Greg Abbott declared a disaster for all 254 counties in the state.
