Abuse by caretaker charges filed against Waynoka man and his daughter

 

March 29, 2024



When emergency personnel arrived at the home of a woman reported as having trouble breathing, they found her on the floor in a back bedroom. She said she had been lying there four weeks, but her husband said it was only two weeks, according to court affidavits. The police officer responding said the house had “an abundance of items stacked from floor to ceiling, only leaving a small path, barely wide enough for one person to walk through the residence.”

On Feb. 28, Waynoka EMS responded to a page for the residence on Main Street. Per department protocol, Waynoka Police Department responds with EMS on all medical calls in the city limits.

Waynoka Police Officer Tabitha Robinson responded with EMS and spoke to Richard Lerssen, who said it was his wife who had trouble breathing. In the south back bedroom of the home, Robinson found Juanita Smith lying on the floor surrounded by soiled and filthy bedding. Smith was dry heaving. Robinson asked her what was wrong, and she said she had been having trouble breathing, dry heaving, having a strong odor to her urine and general weakness for quite some time. She said she had been on the floor four weeks although Lerssen said it was two weeks. He said he attempted to get her up “a couple of times,” but she yelled no so he stopped. When Robinson asked why he didn’t call sooner, he said, “I didn’t see the need,” according to the affidavit.

Waynoka EMS arrived and began assessing Smith. Waynoka Fire Department arrived for a lift assist as they needed help getting her to the cot that was unable to go inside the residence due to the hoarding. They were able to get her outside to the cot. Robinson assisted getting her into the ambulance, at which time her injuries became visible. Robinson described the entire back side of Smith’s body being covered in urine and human feces. She had severe red blistering, open wounds on her buttocks and down her thighs. Smith stated she had wounds on her breasts as well and showed them to Robinson and the EMTs.

Robinson asked Smith why she lay on the floor with access to her phone and didn’t call someone for help. She stated, “I didn’t want to make him mad,” referring to her husband. Asked what happens when he gets mad, Smith said he neglects her even more than normal and goes to his room to play on his computer.

Smith was transferred to Share Medical Center in Alva. Robinson spoke to ER staff who said Smith told them Lerssen would withhold food and only give sips of water to her while he was home. He works a night shift. Their adult daughter, Tabetha Lerssen, lives in the residence as well. Robinson asked her if she feels safe, and she said, “Yes, except for the hole in the floor in the back.” Damaged flooring in the back of the home went all the way to the ground.

On Feb. 29, Robinson contacted Share Medical and learned Smith had been transferred to Canadian Valley Health Center in Yukon for a higher level of care and would probably be inpatient for a while due to the severity of her injuries.

On March 4, Robinson drove to Yukon to speak to Smith. She advised her wounds were very severe and they were going to have to do surgery on the ulcers located on the back of her body. Robinson obtained contact information for Smith’s daughter in Arkansas. Smith said she did not want to return to Waynoka and that she wanted to go live in Arkansas with her daughter. Smith said case management at the hospital was working to make that happen.

On March 6, Robinson went to the Lerssen residence with an adult protective services (APS) investigator. Robinson listened as the APS worker asked all the questions. Both Richard and Tabetha Lerssen were interviewed.

Richard David Lerssen, 77, of Waynoka, and Tabetha Carolyn Louisa Lerssen, 30, of Waynoka, have each been charged with abuse by caretaker, a felony. This crime is punishable by imprisonment for up to ten years or by a fine not exceeding $10,000 or both.

 

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