Three employees of a Herkimer County nursing home have been charged in the death of a 34-year-old resident who choked during a meal after staff allegedly failed to supervise or help her, according to the state attorney general's office.
The charges stem from the resident's Aug. 23, 2025, death at The Grand at Mohawk Valley in Ilion, where she had arrived three days earlier with instructions for continuous one-on-one supervision.
The resident had a rare genetic condition that caused tumors throughout her body and made swallowing solid food difficult, the attorney general's Medicaid Fraud Control Unit said. She also had an eating disorder that caused insatiable hunger and compulsive eating, placing her at high risk of choking.
Her family had emphasized the need for constant supervision, according to investigators. The attorney general's office alleges facility administrator Michael Sutter, 42, of Clinton, ended the one-on-one supervision after the resident's first night at the nursing home despite knowing about the risk.
Investigators describe failures during lunch
During lunch on Aug. 23, the resident was allegedly left alone in the dining hall next to trays belonging to two other residents who had finished eating. Investigators said she took a meatball from one of the trays, swallowed it and began choking.
Dietary aide Mary Stocking, 74, of Clinton, allegedly saw the resident in distress but intentionally failed to call for assistance. Nurse Mara Lasher, 33, of Herkimer, later entered the dining hall and allegedly did not check on the resident after seeing her unresponsive and slumped face down across a table with her arms extended, investigators said.
The resident remained in the dining hall for nearly an hour and a half before other employees brought her to her room and called 911, according to the attorney general's office. She was pronounced dead in the room.
Attorney General Letitia James said her office's investigation focused on the staff members' responsibilities to protect a vulnerable resident. The allegations were developed by the Medicaid Fraud Control Unit, which investigates abuse, neglect and fraud involving Medicaid providers.
Defendants face felony charges
Sutter, Stocking and Lasher were arrested and arraigned in Herkimer County Court before Judge John Crandall. All three were charged with first-degree endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person, and with willful violation of health laws, a misdemeanor.
Stocking was also charged with second-degree manslaughter. The attorney general's office said that if convicted on the top counts, Stocking faces a maximum sentence of 8 1/3 to 25 years in state prison, while Sutter and Lasher each face up to 1 1/3 to four years.
The charges are accusations and have not been proven in court. The Ilion Police Department and Herkimer County District Attorney's Office assisted the state investigation.
The Medicaid Fraud Control Unit's fiscal year 2026 budget totals $70.8 million. The federal government provides 75%, or about $53.1 million, while New York funds the remaining 25%, or about $17.7 million.
People with information about nursing home abuse, neglect or Medicaid provider fraud can submit a confidential complaint to the attorney general's office or call the Medicaid Fraud Control Unit hotline at 212-417-5397. Emergencies should be reported to 911.
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