Responsible persons risk conviction for shirking their responsibility not to abuse nor neglect a vulnerable adult- Fairfax criminal lawyer addresses what those terms mean

Responsible persons RP need to recognize their responsibilities with vulnerable adults. As a Fairfax criminal lawyer, I emphasize that the cold hearted person who simply ignores a person in medical distress can ignore the criminal liability that s/he otherwise would incur if an RP. The broad reach of the RP definition is underlined by the Virginia Court of Appeals in Fergeson v. Commonwealth of Virginia, ___ Va. App. ___ (2025). A man and woman found Fergeson with an unresponsive woman (UW) who seemed barely conscious, if not dead. When the man told Fergeson he was going to call 911, Fergeson warned the man not to do so, placed Fergeson’s body between the UW and the concerned man and woman, acted in a way that made the man concerned for his safety as to Fergeson, and was ineffectual in his efforts to help the UW (for instance kissing her). When the man put the 911 agent on speakerphone, the agent asked if anyone could perform CPR on the UW, and the man replied that Fergeson was physically in the way of that, and Fergeson was non-communicative with the 911 agent. Fergeson. In return, Fergeson got convicted at a bench trial — and lost on appeal –for abusing or neglecting a vulnerable adult and for interfering with an emergency call. Virginia Code § 18.2-369 provides: “A. It is unlawful for any [RP] to abuse or neglect any vulnerable adult. Any [RP] who abuses or neglects a vulnerable adult in violation of this section and the abuse or neglect does not result in serious bodily injury or disease to the vulnerable adult is guilty of a Class 1 misdemeanor.” As to the second count against Fergeson, Virginia Code § 18.2-164 makes it a Class 2 misdemeanor to: “Willfully or maliciously prevent, obstruct, or delay by any means or contrivance whatsoever the sending, conveyance, or delivery in the Commonwealth of any authorized communication by or through any telephone or telegraph line, wire, cable, or wireless transmission device under the control of any telephone or telegraph company doing business in the Commonwealth.”

Can a person become a vulnerable adult at the spur of the moment?

As a Fairfax criminal lawyer, I know from the Fergeson responsible persons opinion that a person can become a vulnerable adult at the spur of the moment. Here, Fergeson admitted to the concerned man that this type of health situation happened with the UW all the time. However, Fergeson’s liability as to vulnerable adult would not have changed if this was simply the first time. Fergeson proclaims: “Regardless of whether [UW] Thompson’s condition is considered a physical illness or an ‘other cause,’ it certainly impaired her ability to care for herself. Thompson was unconscious, nonresponsive, and barely breathing. She did not have the capacity to understand, let alone make, decisions concerning her well-being. Nor was she able to ‘safeguard [her] person, property or legal interests.'” Fergeson. 

Are responsible persons those who have not met the person in need before?

Seeing that a vulnerable adult can become vulnerable at the spur of the moment, responsible persons can be those who have not even met the person in need before. As the Virginia Court of Appeals confirms: “We disagree with [Fergeson’s] assertion on brief, however, that he did not assume responsibility in fact by his actions. Thompson was unconscious, unresponsive, and barely breathing. Though Fergeson initially tried to leave the scene, he ended up staying and, by his words and conduct, he assumed responsibility for Thompson. He repeatedly told Burrell and Iris to ‘move away.’ He attempted to prevent them from calling 9-1-1, and he physically prevented them from providing any kind of assistance. As the trial court noted, Fergeson ‘made his responsibility clear to others by saying, “You’re not to get near her . . . . Don’t call 911.” So not only ha[d] he assumed the responsibility, he ha[d] communicated that loud and clear to the others who are nearby and trying to help.’ Beyond that, Fergeson communicated to paramedics that he was her boyfriend. While not all situations where a friend or partner are present with a vulnerable adult will lead to an assumption of responsibility, under the particular facts of this case, where Fergeson prevented any kind of assistance and took it upon himself to try and care for Thompson, we find the evidence sufficient to prove that Fergeson voluntarily assumed responsibility for Thompson.” Fergeson.

Should I ignore a person who is in need of medical assistance?

If you decide to provide any help to a person in need of medical assistance, be ready to be placed in the category of responsible persons, and beware giving half-hearted help, or interfering with others trying to help. Be ready for possible efforts by others to step in, and possibly to have ideas for helping that are different from yours, and for people who try to take control of the situation. It can help to visualize in advance of such an occurrence about how you will act as matters unfold.

Can I be convicted of a crime merely for commanding a person not to make a phone call?

The Fergeson responsible persons opinions affirms his phone call interference conviction even where Fergesen made no effort to contact the concerned man’s phone: “Here, Fergeson explicitly and repeatedly told Burrell not to call 9-1-1. He repeatedly told Burrell to move away, and Burrell testified that he was concerned for his physical safety because of Fergeson’s words and behavior. Given the broad language of the statute, this is sufficient to
constitute an attempt to prevent Burrell from calling 9-1-1. Under the circumstances of this case, the evidence is sufficient to support the conviction for attempted interference with a 9-1-1 call.” Fergeson. 

Fairfax criminal lawyer Jonathan Katz knows that the messiness of life can lead to prosecutions and convictions where the criminal defendant meant no harm and no law violation. No matter how non-culpable you are or are not, you have as fericiously fighting an advocate when Jon Katz is your lawyer against Virginia felony, misdemeanor and DUI prosecutions. For your free in-person initial consultation with Jon about your court-pending prosecution, contact his staff at 703-383-1100, Info@KatzJustice.com, and (text) 571-406-7268.