THOUSAND OAKS : Conviction Upheld in Neglect of Mother

An appeal court Tuesday upheld the conviction of a Thousand Oaks man whose failure to care for his paralyzed mother led to her death.

Thomas L. McKelvey III, 31, was convicted in February, 1990, of neglecting a dependent adult--his mother, Dolores McKelvey, 57.

In its ruling, the appeal court gave this account:

Dolores McKelvey was paralyzed and bedridden because of multiple sclerosis. Her daughter, Theresa McKelvey, 29, looked after the woman’s personal hygiene until Nov. 28, 1988, when she left home, saying she felt overwhelmed.

Four days later, Thomas McKelvey summoned paramedics to the family home on Calle Pimiento, where they found the disabled woman lying in excrement from her ankles to her shoulders. Maggots, ants and other insects were crawling on her.

She was taken to a hospital, where she died four days later of heart failure due to multiple sclerosis, malnutrition, infections and neglect. A pathologist later testified that the neglect was sufficient to cause death.

Thomas McKelvey testified that he fed his mother but did not attend to her hygiene because it was too embarrassing for both of them. He said his mother was alert and could have used the telephone beside her bed if she needed help.

After a non-jury trial, Ventura County Superior Court Judge Robert J. Soares ruled that there was overwhelming evidence that McKelvey was responsible for his mother’s care and that he had allowed her to suffer and become injured. It was the only case of elder abuse ever brought to trial in Ventura County, Chief Deputy Dist. Atty. Vincent J. O’Neill Jr. said.

McKelvey appealed, arguing that the law was vague and that there was not enough evidence showing that he was responsible for his mother and that he had neglected her. The appeal court agreed that the law is vague, but not so vague as to absolve McKelvey of responsibility for his mother. As for the evidence of neglect, the appeal court said there appeared to be more than enough to warrant Soares’ guilty verdict.

McKelvey is serving a three-year prison sentence--one year on the neglect charge and two years on an unrelated conviction for driving under the influence of alcohol.

Theresa McKelvey, who pleaded guilty to the same neglect charge, served a 60-day jail term.