Prosecutors have decided not to charge the 84-year-old man who fatally injured an 82-year-old fellow nursing home resident in a brutal beating after she wandered into his room in the dementia unit in late August.
Michael J. Flaherty Jr., the acting Erie County district attorney, told The Buffalo News his office determined after consulting with Buffalo police that the assailant lacked the mental capacity both to participate in a trial and to form criminal intent in the killing of Ruth Murray.
