Nursing Assistant Also Charged with Neglect

TRENTON – Attorney General Matthew J. Platkin, the Division of Criminal Justice (DCJ), and the Office of the Insurance Fraud Prosecutor (OIFP) announced today that a nurse and nursing assistant have been charged for their respective roles in an alleged assault on an elderly resident at a rehabilitation center in Ocean County, New Jersey.

Lisa L. Erikson, 56, of Manchester, New Jersey, was indicted by a state grand jury on September 9, 2025, on two counts of aggravated assault (2nd degree and 3rd degree), possession of a weapon for an unlawful purpose and neglect of an elderly or disabled adult (both 3rd degree), and assault on an institutionalized elderly person (4th degree). A certified nursing assistant, Joshua Benner, 34, of Brick, New Jersey, is charged in the same indictment with neglect of an elderly or disabled adult (3rd degree).

“Residents of adult care facilities need to be treated with respect, dignity, and care,” said Attorney General Platkin. “Physically assaulting a resident is inexcusable, and we will not stand by and allow such conduct to continue. These defendants will be held accountable.”

“The allegations in this indictment are extremely troubling,” said Division of Criminal Justice Director Theresa L. Hilton. “This was a physical assault on an elderly victim, who was then left to wait for treatment for his injuries. The Office of the Insurance Fraud Prosecutor is prosecuting this case accordingly.”

“Safety is a top priority for residents of our nursing facilities,” said Interim Insurance Fraud Prosecutor Al Garcia. “We will not tolerate anyone who would jeopardize the well-being of someone living at a rehabilitation facility.”

According to documents filed in this case, on March 19, 2025, Erikson, a licensed practical nurse (LPN) working at Whiting Gardens Rehabilitation and Nursing Center in Whiting, New Jersey, allegedly assaulted an elderly man with dementia, depression, and anxiety.

It is alleged that the victim engaged in destructive behavior by ripping a computer mouse and phone receiver by the cords. Then at around 8:00 p.m., the victim allegedly hit a nursing cart and proceeded to walk down the hallway away from the nurses’ station, still holding a phone and computer mouse. It is alleged that Erikson walked toward the victim and sprayed him at close range with her personal oleoresin capsicum (OC) spray, as he attempted to shield himself. She then sprayed him with her OC again before leaving him on the floor. He remained unattended for several minutes before he crawled to stand up and entered another resident’s room.

It is alleged that Benner and Erikson then allegedly forcibly moved the victim from that room to his room, leaving him without aid until police and emergency medical services arrived at 8:53 p.m. The victim was then treated and transported to a hospital.

This case is being prosecuted by OIFP – Medicaid Fraud Control Unit (MFCU) Deputy Attorney General Camille McKnight, under the supervision of Assistant Bureau Chief Michael Klein and Bureau Chief Heather Hadley, and Detective Yvette Vasquez, under the supervision of Sergeant Justin Callahan, Lieutenant Joseph Jaruszewski, and Deputy Chief Rich King. Interim Insurance Fraud Prosecutor Garcia specifically thanked the Manchester Police Department and the Ocean County Prosecutor’s Office for their assistance in the investigation.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty in a court of law.

Second-degree charges carry a sentence of five to 10 years in state prison and a fine of up to $150,000.

Third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000.

Fourth-degree offenses carry a sentence of up to 18 months in state prison and a fine of up to $10,000.

New Jersey MFCU’s total funding for federal fiscal year (FY) 2025 is $12.63 million. Of that total, 75 percent, or $9.47 million, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $3.16 million for FY 2025, is funded by the State of New Jersey.

If you suspect Medicaid fraud or elder abuse and neglect, report it at Medicaid Fraud or Elder Abuse & Neglect Reporting Form, or by phone at (609) 292-1272, or via email at NJMFCU@njdcj.org.