Gillette Nurse Gets 1 Year In Jail For Freezing Death Of Dementia Patient | Cowboy State Daily

A traveling Certified Nursing Assistant (CNA) named Bernard David Hale, 58, was sentenced to one year in jail for his role in the freezing death of Judith DuVall, an 88-year-old dementia patient at a nursing facility in Gillette. The incident happened one cold January night when DuVall wandered into the courtyard, fell on the snowy ground, and was unable to get up. Hale had disarmed the door alarm and failed to check outside, which ultimately led to DuVall dying from hypothermia and exposure. Staff discovered DuVall's body early the next morning, with Hale being one of two CNAs responsible for her care that night. Following the tragedy, Hale and three other contract employees, plus one full-time staff member, were fired from their positions. Initially, Hale faced felony involuntary manslaughter charges, which could have led to up to 20 years in prison. However, after a trial complicated by the removal of two jurors due to racially charged language, a jury found him guilty of the lesser misdemeanor negligent homicide charge. This conviction carried a maximum penalty of one year in jail, a fine up to $2,000, or both. At sentencing, Hale’s public defender requested leniency, highlighting that Hale had already served 242 days in jail and was willing to pay over $11,000 in restitution to cover funeral costs and compensate DuVall’s estate. The defense argued nine months would be a fair sentence. On the other hand, the county attorney pushed for the full year, underscoring the trust placed in Hale by DuVall’s family to care for a vulnerable patient and the tragic circumstances of her death. Judge Michael McGrady, though acknowledging the difficulties of the case and Hale’s clean criminal record, agreed with the harsher sentence. He noted that while others were on duty that night, it was Hale’s responsibility to ensure DuVall's safety. Along with the jail time, Hale was ordered to pay $4,000 in court fees. Hale remained mostly silent at sentencing, not indicating whether he intends to appeal. Both sides agreed he would not be placed on probation after his release. The trial was further marred by controversy when two jurors were removed after one reported hearing another juror use a racial slur. This conduct raised questions about whether Hale, an African American man, received a fair trial. The judge agreed to dismiss the jurors after testimonies confirmed the use of racially offensive language during deliberations, though it was not directed at the defendant. Defense attorneys argued this breach of impartiality was significant, while the prosecution maintained the remarks did not affect the case outcome. Despite this, the jury still reached a unanimous verdict. Legal observers expressed concern over the impact of this racial bias on the trial’s fairness and the severity of the sentence. Hale, originally from Alabama and relatively new to Wyoming, has yet to publicly comment on the incident or his sentencing. The case raises broader issues about accountability in elder care, racial tensions within the justice system, and the limits of legal recourse for vulnerable populations and those who serve them.