FARMINGTON — A former administrator at Pinewood Terrace pleaded no contest Wednesday to endangering the welfare of a dependent person at the assisted living center between July 28, 2018, and Aug. 20, 2018.

In a plea agreement, Irving Faunce, 76, of Wilton pleaded to a misdemeanor-level charge, with felony-level charge of the same being dismissed. The lesser charge carries a maximum 364 days in jail.

The plea and the sentencing was done through Zoom. A Franklin County grand jury indicted Faunce on the felony charge of endangering the welfare of a dependent person in October 2021. He pleaded not guilty to the charge brought forth by the Maine Attorney General’s Healthcare Crimes Unit in December.

The family of the late Geraldine Hackett, who was 82 when she died on Sept. 16, 2018, had asked Faunce to separate a roommate from Hackett because she was being assaulted. There were beds available at the time, according to Assistant Attorney General John Burke. Hackett was a “frail woman,” he said.

The assault in this case resulted in bruising and a laceration, he said. Sixteen days later the two women were still in the same room, he added.

A security video recording camera in the hallway showed the roommate assaulting Hackett, who ended up on the floor more than once, according to Burke’s information. The incident was not reported to the Maine Department of Health and Human Services, which could have helped her, Burke said.


There were three assaults prior to the final fatal assault captured on video, none of which were reported to Adult Protective Services or DHHS, Burke said.

Both women had dementia, he said.

The victim died as a result of the assault, Burke said.

He read an impact statement directed at Faunce from Hackett’s daughter, Kathy Barker. Some of Hackett’s family members were also on Zoom watching.

“Due to your negligence my mother was (brutally beaten) under your watch. You betrayed us,” Barker wrote in the statement.  “I trusted you.”

The family is aware of the reasons a plea agreement was reached, Burke said, and they didn’t object.


“I think the state and the family wanted more accountability for the conduct,” Burke said.

There was a risk of going to trial because of different issues and each party felt strongly about their position but decided to compromise to avoid litigation.

There was also a pending motion by the defense to dismiss the case related to the felony charge, Burke said.

Faunce’s attorney Timothy Zerillo of Zerillo Law Firm in Portland, said that he factually disagreed with some of the information Burke recited as evidence. If the case went to trial, he said, they would have seen a “rigorous defense on behalf of Mr. Faunce.”

It appears no one is satisfied with the agreement, he added.

Justice Julia Lipez sentenced Faunce to 30 days in jail with all but two days suspended. He will serve the remaining two days through an alternate sentencing program in Androscoggin County, scheduled for Oct. 21.

One year’s administrative release started Wednesday. As part of the agreement he will complete 50 hours of community service.

Faunce is not to work in a health care setting as another condition of the agreement.

Faunce, who is a former blueberry farmer and has held multiple elected offices in Wilton, has operated rehabilitation and living centers around the state during his career. He represents Wilton as a Regional School Unit 9 director in Farmington. His term expires in 2023, according to the district’s website.

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