Marin care home cited by state over alleged rape

State regulators have filed a slate of citations against a Marin County care home where an employee allegedly raped a resident.

Cogir of San Rafael Memory Care — which specializes in services for dementia patients and hospice care — failed to promptly report the alleged crime to authorities and took too long to get the victim medical care, according to a new report by the California Department of Social Services. The alleged crime happened in the early afternoon, yet the patient was not taken to a hospital until the following morning, the report says.

The investigation determined that the delays were caused by staff confusion about the reporting process.

“Staff working the Sunday shift did not know who to report the incident to,” Caitlynn Felias, a state evaluator, said in the report.

The suspect, Michael Andre Shipe, has been charged with three felonies: rape of a person incompetent to give consent; lewd or lascivious acts by a caretaker upon a dependent person; and endangering an elder or dependent adult.

Shipe, a 66-year-old Novato resident, has pleaded not guilty. He remains in custody at the Marin County Jail, and the next court hearing is in July.

The state investigative report lays out previously undisclosed details about the case.

The alleged crime was discovered at about 1 p.m. Sept. 4 when an employee entered the victim’s room to put laundry away, according to the report. The employee found the woman naked from the waist down, then discovered that Shipe was hiding behind the shower curtain in her bathroom, the report says.

The employee told another caregiver. The caregiver reported the incident to a third staff member. That staffer did not notify management until returning home at about 5 p.m., the report says.

The center’s administrator notified police and the patient’s family between 6 and 9 p.m., the report says. A “resident care coordinator” and a registered nurse went to Cogir at about 7 to 7:30 p.m. to check on the patient.

The report says the San Rafael Police Department did not send an officer until the following day, an assertion the department denies. Sgt. Justin Graham said the care home contacted police at about 8:30 p.m., the department sent an officer that night for an initial report, and the investigation resumed the next morning.

The patient was taken to a hospital emergency room for an examination and a rape test on Sept. 5. The test was sent to a state lab for analysis. The results came back on Oct. 28, showing the presence of male DNA, Graham said.

Investigators wrote an application for a search warrant to get a DNA sample from Shipe. A judge signed it on Nov. 17, and police immediately went to Shipe to collect his DNA with a buccal swab, according to Graham.

Investigators sent the DNA sample to a state lab on Nov. 29. More time passed. Police continued to work on other aspects of the case, Graham said.

On April 18, investigators received the lab results matching Shipe to the DNA sample. Police arrested him on May 10.

Shipe ceased to be employed by Cogir on Sept. 11, according to the Department of Social Services. It remains unclear what he did in the eight-month period between the alleged crime and his arrest. During a court hearing earlier this month, a prosecutor cited a report that Shipe had gone on to work at a hospice care center outside Marin. But the state agency has no record of Shipe working for any other licensed center, a spokesperson said.

Graham says that despite the circumstances on the day of the alleged crime, and the account of the employee who walked into the patient’s room, there was not enough probable cause to arrest Shipe in September. By the time police learned of the incident, the employees on the shift had gone home. The room itself offered no clear indication of a crime. Shipe, in an interview during the investigation, denied the allegations.

Furthermore, communication with the patient was difficult, and an interview attempt did not yield actionable information, Graham said. Police were forced to wait for the findings of the rape test, if any, he said.

“The sad part is, this should be uncommon, but it’s not uncommon,” Graham said, referring to delays and confusion among mandated reporters. “It’s amazing how much time can pass.”

“This should not be a case of confusion,” he said. “This should be a case of knowing what to do.”

The state’s investigative report was filed on June 2. It alleges two violations of the California Code of Regulations: failing to protect the resident’s personal rights, and failing to promptly seek medical care.

The report also alleges a violation of the California Health and Safety Code for the failure to report the incident to police within two hours.

The care home was required to submit a “plan of correction” this week that included staff training in the relevant areas.

The business could face civil penalties over the alleged violations. Jason Montiel, a spokesperson for the California Department of Social Services, declined to describe the range of potential penalties because the case is still under review.

The care home, which is at 111 Merrydale Road, has about 50 residents. It is one of 64 seniors’ complexes around the country operated by Cogir Management USA, according to the company’s website.

Ben Levesque, executive vice president of the company, declined to comment in detail on the alleged violations in San Rafael because of the ongoing investigation. But he said the company has been “very cooperative with state and local authorities.”

“Our No. 1 priority and the cornerstone of our business is ensuring the safety and well being of our residents,” he said.