Commonwealth Vs Pestinikas Summary

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In the case of Commonwealth versus Pestinikas, the defendants verbally agreed to take care of a 92-year-old male once he is release from the hospital. The couple, Helen and Walter Pestinikas, were given medical directions and to provide the victim shelter, care, and food. The Appellants took upon themselves to withdraw three hundred dollars from their client’s bank account for his care. The Appellants decided to move their client in a different setting, which there were no refrigeration, no insulation, and the lack of space in the room. The Pestinikases began abusing their verbally agreement by withdrawing excess amount of money in Kly’s savings account and failure to provide medical support to him. Law enforcement officers arrived at the crime scene, which Kly was found dead. Pestinikases stated to the law enforcement officers that they were his caregivers and have been with him since the morning. In addition, the autopsy determined that the cause of death for Kly was starvation and dehydration. If the incident occurred in the state of California, Pestinikases are more likely to be charged for first degree murder and elder abuse. Under the Welfare and Institutions Code § 15630, appellants failed to report that their neglected the patient, which they can serve a one-year county jail, $5,000 …show more content…
The Paestinikases can be prosecuted in the first-degree murder because their actions were intentional and premediated. The Appellants planned out their action beforehand, especially knowing the risk of their client’s condition. Scholars stated that murders can be committed through torture, which the victim received no medical care, food, and water. Often courts can determine whether or not the cause of death was a sign of torture by obtaining examination from forensic department. In addition, the casualty was unable to take care himself, so he relied heavily on his