KENOSHA — A family is turning to civil court after a criminal elder abuse case was dismissed due to a Kenosha County prosecutor's error — a mistake that means the charge can never be retried.
Court records show 72-year-old Dennis Newman suffered a severe traumatic brain injury in April 2025 after a Kenosha nursing home employee was accused of pushing him to the ground. His wife, Julie Newman, believes his death six months later was directly related to that fall.
"No human could do that, even to a pet, or any human have that happen to them. That should never happen to anyone," Julie said.
Julie will never forget the contradicting calls she received in April 2025. First, a nurse at Waters Edge Health and Rehabilitation Center, where Dennis received around-the-clock care for Alzheimer’s disease. Julie says a Waters Edge nurse called first.
Watch: Widow files wrongful death lawsuit against nursing home, criminal case dismissed
"A nurse that I didn't know called me and said that he had just slightly slid off a chair to the side and bumped his head a little bit, and so to be safe they were going to take him to the hospital," Julie said.
Julie said prosecutors provided a very different account.
"While we were driving there, the district attorney called me and said, ' Your husband was severely abused," Julie said. "She pushed him so hard that he flew ten feet, according to the police, too, when they measured from the area pushed to where he landed."
Julie believes her husband's death six months later was directly related to that fall.
"It took him to a new level," Julie said. "He couldn't sleep, he couldn't eat."
A Waters Edge employee was charged with a felony for physical abuse of an elderly person. But as the criminal case made its way through court, a prosecutor's mistake led to the charge being dismissed with prejudice — meaning it cannot be retried.
TMJ4 is not naming the former defendant because the criminal charge was dismissed.
"Everybody's jaw dropped, and the abuser laughed," Julie said.
The district attorney said one of his prosecutors failed to prove Dennis was over the age of 60, a requirement for the elder abuse charge. Dennis was 72. The district attorney has not yet responded to TMJ4's questions about how that could have been missed.
Civil attorney Kevin Demet said the proof was readily available.
"They could introduce the birth certificate; they could have introduced any witness to say that he was over age 60," Demet said.
The person whose criminal charge was dismissed declined TMJ4's interview request but told Investigative Reporter Ben Jordan she did nothing wrong and beat the case.
Frustrated by a lack of accountability, Julie is now taking Waters Edge and its operator to civil court on claims of wrongful death and negligent hiring and training. She believes Waters Edge and its operator could have prevented this with proper hiring, training, and supervision.
"To protect the next person. And maybe get Dennis a little bit of justice, respect," Julie said.
TMJ4 reached out to Waters Edge Health and Rehabilitation Center along with its operator for a response to the lawsuit and has yet to hear back.
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