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Updated: Monday, 04 Mar 2013, 6:26 AM EST
Published : Saturday, 02 Mar 2013, 3:27 PM EST
WINDSOR, Va. (WAVY) - A man suffering from dementia who allegedly attacked an Alzheimer's patient at a nursing home in Windsor will not be charged according to the town's police chief.
On Feb. 16 police say a 77-year-old man suffering from dementia entered an Alzheimer's patient's room at Consulate Health Care and violently assaulted an elderly woman.
Windsor Police presented the evidence to the Isle of Wight Commonwealth's Attorney, who made the decision not to prosecute.
After an evaluation by the Western Tidewater Community Services Board and physicians who treated the 77-year-old, it was determined that the man "did not have the mental capacity to formulate the criminal intent necessary to prosecute a criminal charge," according to Police Chief Vic Reynolds.
Reynolds described the incident as "horrible" and said the police department is working with state and local agencies, including Consulate Health Care, to try and insure that a similar incident does not happen in the future.
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A photo gallery of arrest and booking photos from across the Hampton Roads area.