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West v. Commonwealth | 935 S.W.2d 315 (1996)
Broadly speaking, a person can’t be criminally liable for a mere omission, or failure to act. This rule, of course, has exceptions. A married couple learned this lesson the hard way in West versus Commonwealth of Kentucky.
Lillian West had the deck stacked against her from the start. She was born with both Down syndrome and heart problems. For most of Lillian’s life, Lillian’s mother, Rebekah, cared for her. In nineteen seventy-nine, Rebekah and Lillian moved in with Russell West, Lillian’s brother, and Russell’s wife, Ann.
At the time, Lillian participated in group activities at Pathway Shelter, a health organization serving the mentally handicapped. Pathway helped Lillian cultivate a more independent lifestyle than she would’ve otherwise.
Upon Rebekah’s death in nineteen eighty-three, Russell and Ann undertook care of Lillian. Soon after, Russell discontinued Lillian’s involvement with Pathway, citing possible abuse. Some years later, Lillian’s health declined. She became bedridden and stopped eating. Russell took Lillian to the emergency room. Her attending physician was so alarmed at her condition that he referred her case to a social worker. Lillian died soon after.
In the wake of Lillian’s death and the social worker’s investigation, Russell was indicted for reckless homicide and second-degree manslaughter. Ann was charged with complicity to these offenses. The cases were tried together in Kentucky state court.
Medical personnel testified to Lillian’s grave physical condition. She suffered numerous and severe bedsores. She was cruelly malnourished, and dried tears and fecal matter caked her body. Her causes of death were sepsis and bronchial pneumonia, precipitated by the bedsores. All these problems, in turn, owed to caretaker neglect.
The trial court convicted the Wests and sentenced them to one year’s imprisonment. The Wests appealed to the Kentucky Court of Appeals.
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