SAN DIEGO (CNS) - Two male nurses who were caught on video engaging in a sex act with each other while caring for a 99-year-old stroke victim pleaded guilty Monday to a felony charge of inflicting mental suffering on an elder.
Russel Torralba, 42, and Alfredo V. Ruiz, 43, will be sentenced March 30.
Surveillance video footage showed Torralba fondling Ruiz on multiple occasions in 2011 in the victim's room, according to Deputy District Attorney Paul Greenwood.
Attorneys for the defendants argued at a preliminary hearing last year that while the behavior was "inappropriate," there was no evidence that the female stroke victim was neglected, suffered injuries or that she was even aware what was taking place next to her.
Judge Lorna Alksne called the behavior by the defendants "shocking," but dismissed a count of lewd and lascivious behavior.