68 yr old man kills 87 yr old man of brain damage
Herald Sun
Wayne Flower
June30,2015
David Rose outside the Supreme Court. Pictures: Nicole Garmston
A BRUTAL fight over the use of a walking frame in a Melbourne nursing home has resulted in one person being killed and another facing jail.
David Rose, 68, of Jacana, has pleaded guilty to intentionally causing serious injury to an 87-year old man who died in hospital from head injuries he sustained during the beating.
The Supreme Court of Victoria heard the victim, who suffered from dementia, was brutally beaten by Rose after mistaking his room for his own.
Rose scuffled with media on exiting the court today, tossing his walking frame and threatening to bash a photographer.
Rose and his victim were housed at the Doutta Galla aged care facility in Avondale Heights on September 13, 2013 when the attack happened.
The court heard Rose woke to find the victim in his room about 4.50am.
He told police the man placed his fingers on his chest and then into his mouth.
David Rose discards his walker and confronts a Channel 7 cameraman.
Rose warned the man: “Get out or I’ll kill you.”.
The confused victim stated it was his room, but when he touched Rose’s walker, the former boxer snapped.
The court heard Rose grabbed the victim by his pyjamas and threw him against a wall before pushing him outside.
“Now piss of out of here,’’ Rose warned. “You come back and I’ll kill you.’’
CCTV footage allegedly shows the victim falling to the ground after being punched in the face by Rose.
Dazed, the man walked off, but when he returned again later that evening, Rose again lost his cool.
”Get out of my room you wog bastard,’’ he shouted.
Again he warned the man he’d kill him.
”You crazy,’’ the victim replied. ”You bastard.’’
The court heard a scuffle ensued, and when the victim grabbed Rose’s walker, he lost control.
”That’s when I lost it,’’ he told police. ”I threw him against the wall.’’
The court heard Rose threw a series of punches into the man’s face before he stumbled off.
He was later found by nursing home staff and taken to hospital.
He died a month later in his nursing home bed due to complications caused by his head injuries.
In a victim impact statement read to the court, the victim’s daughter said her family did not have the heart to tell their elderly mother that her husband had died from the beating.
She said her father still had years of life ahead of him.
”His life was taken by a sadistic person whose temper was evil,’’ she told the court.
Rose’s barrister Jarrod Williams said his client suffered from a “constellation of disorders’’ and called for him to be spared an immediate jail sentence.
He said his client suffered from obsessive compulsive behaviour, which saw him take up to half an hour to butter a slice of bread.
He was also obsessively clean, which contributed to his attack on the victim.
Mr Williams said his client had not boxed since his early 20s, but accepted his limited training kicked in when he faced off against his frail victim.
The court heard Rose was now housed in a more secure facility.
He will be assessed for a community correction order and return to court at a date to be fixed.
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