Attorney General James Announces Indictments and Arrests of Herkimer County Nursing Home Staffers Who Failed to Help Choking Victim

NEW YORK – New York Attorney General Letitia James today announced the indictments and arrests of three staff members of The Grand at Mohawk Valley (The Grand), a nursing home in Ilion, Herkimer County, for their roles in the death of a 34-year-old resident who was suffering from severe physical and mental health issues. An investigation by the Office of the Attorney General’s (OAG) Medicaid Fraud Control Unit (MFCU) found that dietary aide Mary Stocking, 74, of Clinton, Oneida County, allegedly failed to intervene and ignored the resident when she began choking during a meal in the facility’s dining hall. In addition, nurse Mara Lasher, 33, of Herkimer, Herkimer County, allegedly ignored the resident when she was lying face down on a dining table. The investigation also found that the facility’s administrator, Michael Sutter, 42, of Clinton, Oneida County, had allegedly ended the resident’s close supervision two days before her death, despite knowing that she was at a high risk of choking. Stocking was charged with Manslaughter in the Second Degree, among other crimes, for intentionally failing to call for assistance when she saw the resident in distress, and Lasher and Sutter were each charged with multiple felonies in connection with the resident’s death. 

“There is no excuse for the kind of shocking and heartless conduct that leads to the deaths of vulnerable nursing home residents,” said Attorney General James. “My office has zero tolerance for abuse and neglect of those in need of care, and we are determined to deliver justice for all who have been victimized.”

The resident allegedly began her stay at The Grand three days before her death on August 23, 2025, after being transferred from a rehabilitation hospital with instructions that she receive continuous one-on-one supervision. The resident suffered from a rare genetic condition that caused tumors throughout her body, which made it difficult to swallow solid food. She also suffered from an eating disorder that caused insatiable hunger and drove her to compulsively eat. Her mental and physical health challenges put her at a high risk of choking that required constant supervision during all hours of the day and night to keep her safe.

The resident’s family had also stressed the importance of one-on-one supervision for her to The Grand. The OAG’s investigation found that Sutter allegedly discontinued the resident's one-on-one supervision, including while eating, after her first night at the facility. During lunch at The Grand’s dining hall on August 23, the resident was allegedly left alone and unattended next to the leftover food of two other residents who had finished eating and left the dining room. The resident grabbed a meatball from one of the trays, swallowed it, and began choking. Attorney General James alleges that Stocking saw the resident choking and intentionally refused to call for assistance, and that Lasher allegedly entered the dining hall and failed to check on the resident when she observed her slumped face down across the dining room table, unresponsive, with her arms extended in front of her. The resident remained in the dining hall for nearly an hour and a half until other staff members finally brought her to her room and called 911. She was pronounced dead in her room.

Sutter, Stocking, and Lasher were arrested and arraigned today in Herkimer County Court before Herkimer County Judge John H. Crandall. All three were charged with felonies, including Endangering the Welfare of a Vulnerable Elderly Person, or an Incompetent or Physically Disabled Person in the First Degree, as well as Wilful Violation of Health Laws, a misdemeanor. In addition, Stocking was charged with Manslaughter in the Second Degree. If convicted on the top counts, Sutter and Lasher face a maximum sentence of one and one-third to four years in state prison, and Stocking faces a maximum sentence of eight and one-third to 25 years in state prison.

The charges against the defendants are accusations, and the defendants are presumed innocent unless and until proven guilty.

The OAG thanks the Ilion Police Department, especially Sergeant of Investigations Don Richards and Chief of Police Laurie DeVaul, for their valuable assistance in this investigation. The OAG also thanks the Herkimer County District Attorney’s Office for its assistance.

MFCU’s investigation was led by Detective Scott Pettucci with the assistance of and under the supervision of Detective Supervisor Timothy Bates, Assistant Deputy Chief James Zablonski, and Deputy Chief Ronald Lynch.

The case is being prosecuted by MFCU Syracuse Regional Director Jane Raven with assistance from MFCU Chief of Criminal Investigations Prabhjot Sekhon-Treanor. MFCU is led by Deputy Attorney General Amy Held and Assistant Deputy Attorney General Thomas O’Hanlon. MFCU is part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General José Maldonado and overseen by First Deputy Attorney General Meghan Faux.

Reporting Patient Abuse and Neglect and Medicaid Provider Fraud: Attorney General James encourages anyone with information or concerns about alarming nursing home conditions or resident abuse or neglect to file a confidential complaint online or call OAG’s MFCU hotline at (212) 417-5397. If the situation is an emergency, please call 911.

New York MFCU’s total funding for federal fiscal year (FY) 2026 is $70,793,651. Of that total, 75 percent, or $53,095,240, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $17,698,411 for FY 2026, is funded by New York State. Through MFCU’s recoveries by means of law enforcement actions and civil enforcement actions, it regularly returns more to Medicaid than it received in funding.