NT Man Draws Probation Sentence in Elder Abuse

NT Man Draws Probation Sentence in Elder Abuse

Donald Gubbins of North Tonawanda speaks to judge before sentencing(Photo: wgrz)

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Buffalo, NY - A North Tonawanda man learned his fate Tuesday for stealing hundreds of thousands of dollars from an elderly woman. The victim was his own aunt who is nearly 90.
It's yet another sad example of financial elder abuse. In this case, a businessman losing his business and taking money from the bank account of his aging relative to keep it going.
Donald Gubbins, 65. appeared before Judge John Michalski who sentenced him to five years probation. That was handed down with the understanding that he will pay back just over $215,000 dollars to a nursing home in Erie County and federal social security for the care of his 87 year old aunt who just died three weeks ago.
Gubbins had power of attorney for his aunt and admitted stealing the money to cover losses in his liquor store business. In court he told the judge "I take full responsibility for what I did. I am very embarrassed for what I did. I feel very bad for having dragged people through it...the court, district attorney, my family, the nursing home. All because I just was too stubborn to realize that my business was going down. I should have sold it, closed it and sold the building and done something else."
Gubbins, who must also perform 100 hours of community service, did not comment further after he left the courtroom.
Judge Mihalski could have sent Gubbins to jail for his guilty plea on the second degree grand larceny charge. But the judge said this way Gubbins can work, while on probation, to pay off the money he took.
While this case was resolved, 2 on Your Side has done stories on state lawmakers seeking changes to more effectively prosecute elder abuse cases. But when it comes to progress it is very limited. One new law allows a caregiver or social worker to go with a victim for testimony before a grand jury but a package of other related bills is stuck in Assembly committees.
And the New York City Elder Abuse Center says New York state is one of a few states that does not fully require mandatory reporting of elder abuse by individuals to Adult Protective Service. Of course that is required in cases of child abuse