Nurse held for trial in death of Herbert R. McMaster Sr., father of ex-Trump national security adviser
McMaster, 84, died at the
"To say this is tragic would be the biggest understatement that I could say, because we will never know if but for the actions and inactions of a number of people, including
"But I can only decide on the cases [of] the people or entities that are before me," the judge said.
Defense attorney
"Even the judge made it clear that there were a number of other people that failed to do their job to give care to
Saying that Gainey -- who is free on bail -- should be cleared of manslaughter, Donovan said during her closing argument that there was no evidence of criminal intent or recklessness on the part of her client.
She said the medical examiner was unable to say exactly when McMaster suffered the fall that resulted in his fatal head injury, meaning it could have happened before Gainey's shift began.
"To label her care of
Donovan also asserted that the criminal investigation into McMaster's death only began after the
Deputy Attorney General
"The fact is that the defendant's repeated failure to conduct any neurological evaluations," Jason said, "further cements the defendant's recklessness."
He added: "Your Honor, at the end of the day, common sense dictates that we have one fall that leads to a head injury, eight hours later we have a man dead in a lobby, literally feet from the defendant, and the defendant failed to do anything to try to give him a chance."
McMaster fell four times at
McMaster's family has filed a lawsuit against
The homicide unit of the
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