A nurse and a nursing assistant have been charged in connection with an alleged assault on an elderly resident at Whiting Gardens Rehabilitation and Nursing Center in Ocean County, New Jersey, according to an announcement by Attorney General Matthew J. Platkin, the Division of Criminal Justice (DCJ), and the Office of the Insurance Fraud Prosecutor (OIFP).
Lisa L. Erikson, 56, of Manchester, New Jersey, was indicted by a state grand jury on September 9, 2025. She faces two counts of aggravated assault (second and third degree), possession of a weapon for an unlawful purpose and neglect of an elderly or disabled adult (both third degree), as well as assault on an institutionalized elderly person (fourth degree). Joshua Benner, 34, a certified nursing assistant from Brick, New Jersey, is also charged in the same indictment with neglect of an elderly or disabled adult (third degree).
“Residents of adult care facilities need to be treated with respect, dignity, and care,” said Attorney General Platkin. “Physically assaulting a resident is inexcusable, and we will not stand by and allow such conduct to continue. These defendants will be held accountable.”
“The allegations in this indictment are extremely troubling,” said Division of Criminal Justice Director Theresa L. Hilton. “This was a physical assault on an elderly victim, who was then left to wait for treatment for his injuries. The Office of the Insurance Fraud Prosecutor is prosecuting this case accordingly.”
“Safety is a top priority for residents of our nursing facilities,” said Interim Insurance Fraud Prosecutor Al Garcia. “We will not tolerate anyone who would jeopardize the well-being of someone living at a rehabilitation facility.”
According to court documents, on March 19, 2025, Erikson—who worked as a licensed practical nurse at Whiting Gardens—allegedly assaulted an elderly man suffering from dementia, depression, and anxiety after he engaged in destructive behavior involving equipment at the nurses’ station. It is alleged that Erikson sprayed the resident twice at close range with her personal oleoresin capsicum spray while he attempted to shield himself before leaving him unattended on the floor.
The documents further allege that both Benner and Erikson forcibly moved the victim back to his room without providing aid until police and emergency medical services arrived nearly an hour later. The victim was subsequently treated and transported to a hospital.
The case is being prosecuted by OIFP’s Medicaid Fraud Control Unit Deputy Attorney General Camille McKnight under supervision from Assistant Bureau Chief Michael Klein and Bureau Chief Heather Hadley; Detective Yvette Vasquez supervised by Sergeant Justin Callahan; Lieutenant Joseph Jaruszewski; and Deputy Chief Rich King. Interim Insurance Fraud Prosecutor Garcia expressed thanks to the Manchester Police Department and Ocean County Prosecutor’s Office for their role in assisting with the investigation.
Authorities remind that charges outlined in indictments are accusations only; all defendants are presumed innocent unless proven guilty.
Potential penalties include five to ten years in prison and up to $150,000 in fines for second-degree offenses; three to five years imprisonment plus up to $15,000 fines for third-degree charges; fourth-degree offenses carry up to 18 months incarceration with possible fines reaching $10,000.
New Jersey’s Medicaid Fraud Control Unit receives $12.63 million annually for federal fiscal year 2025 funding—with approximately three-quarters provided through grants from the U.S. Department of Health and Human Services while the remainder comes from state funds.
Reports about suspected Medicaid fraud or elder abuse can be made by phone at (609) 292-1272 or via email.
