Cynthia Pierce”s sister, daughter, and other sister sit with photos remembering her (KXAN/YouTube).
A 73-year-old disabled woman tragically froze to death in an unheated room with open windows while staff at an Austin, Texas, assisted living facility neglected her situation during a historic winter storm.
The Executive Director Mendi Ramsay and Wellness Director Rochelle Alvarado of Harvest Renaissance – Austin, LLC were indicted on charges of injury to an elderly person, as announced by the Travis County District Attorney’s Office on Thursday. The facility itself also faced charges.
Cynthia Pierce, 73, was staying at the Renaissance Austin Assisted Living Facility on February 17, 2021, when Winter Storm Uri led to power outages, yet she was not adequately cared for, according to allegations by the district attorney’s office pertaining to multiple failures.
Pierce, who authorities described as “elderly and disabled,” was found in an “unheated room with the windows open.” Reports indicate that employees “failed to promptly move and transport” her to a warmer area of the facility, even though such a location was “readily available” after they discovered her in the cold conditions.
The indictment by a Travis County grand jury alleges that employees demonstrated negligence not only by failing to properly care for Pierce but also by not notifying the Texas Health and Human Services Commission about their power outage during the storm.
“The staff’s actions were authorized by high-level managerial agents, specifically Mendi Ramsay or Rochelle Alvarado, while acting on behalf of Harvest Renaissance-Austin, LLC, within the scope of their official duties,” stated the district attorney’s office.
Staff later rushed Pierce to a hospital, where she died of hypothermia.
“We are grateful that the District Attorney’s Office is pursuing justice in this case,” said Pierce’s daughter, Holly Ferguson. “Harvest misrepresented themselves as a licensed care facility, able to provide care rooted in dignity, safety, and compassion. Their misrepresentation and their gross negligence led directly to my Mom’s death.”
“My Mom was left alone and freezing, and it shouldn’t have happened,” Ferguson went on. “We hope this criminal case will force Harvest to take responsibility for their failings and make permanent changes so that something like this never happens again.”
In a statement to Austin NBC affiliate KXAN, the attorney representing Ramsay and Alvarado, Sam Bassett, said the death “was through no fault of their own, and certainly no crime was committed,” adding that his clients will plead not guilty and their hearts go out to the Pierce family.
Joshua Saegert, the attorney representing Harvest Renaissance-Austin, LLC, which operated the nursing home in 2021, told the news station he is “aware that charges have been filed against the company and its former employees regarding an event that occurred during Winter Storm Uri in February 2021. Our thoughts are with the family and loved ones of the resident, and we will continue to work with local authorities.”
Pierce’s body temperature was 94 degrees when she got to the hospital, according to Elyse Yates, Pierce’s niece. “She’d frozen to death, and that was devastating,” Yates told KXAN in May 2021.
The Travis County District Attorney’s Office only learned about Pierce’s death from her family last year after a complaint was made to the office’s Public Integrity & Complex Crimes Division.
“All families should know that when their loved ones reside in an assisted living facility, they will be safe,” said Travis County District Attorney José Garza. “When employers and their employees engage in criminal conduct and expose vulnerable people to dangerous living conditions, this office will hold them accountable.”
“It really does bring it all back up to the surface,” Ferguson said in comments to the local NBC station, adding that she had spoken to her mother just the day before she died. “But overall, there is a lot of hope and I’m thankful that it’s in the spotlight now.”
Ramsay and Alvarado are both scheduled to be in court on Wednesday. The Pierce family has also reportedly filed a civil lawsuit against Harvest Renaissance – Austin, LLC.
Winter Storm Uri was a historic storm in the Lone Star State, dumping “record amounts of snow on Texas, with the frigid temperatures and severe weather impacting all 254 counties in the state in February 2021,” according to the Texas Division of Emergency Management.
“Millions of Texans lost power. Snow and ice paired with ultra-low temperatures caused widespread road closures and dangerous travel conditions,” it continued. “State emergency management leaders activated warming centers in communities across Texas and numerous personnel were deployed to assist stranded motorists and conduct welfare checks. Gov. Greg Abbott issued a disaster declaration for all 254 counties in the state.”
