December 13, 2021 - OAKLAND – California Attorney General Rob Bonta today announced the guilty plea of Brandon Benavente, a caretaker for elderly and dependent persons in San Diego County. While working as a caretaker, Benavente sexually assaulted three elderly dependents, and stole personal property including money, jewelry, and a handgun. Today in the San Diego County Superior Court, Benavente pled guilty to 11 felonies relating to sexual assault, financial and elder abuse, as well as theft. Additionally, Benavente’s girlfriend and co-defendant Odaliz Mendez also pled guilty to multiple felonies relating to her involvement in the theft scheme. Benavente and Mendez’s sentencing is scheduled for January 12, 2022. The parties have agreed to request that the court enter a sentence in excess of 14 years, which would be one of the longest elder abuse sentences imposed in a case brought by the California Department of Justice. In addition, the defendants will also be ordered to pay restitution to their victims.
“Caretakers have the responsibility of ensuring that their clients are being treated with dignity, respect, and care. Brandon Benavente made a choice to use his role as a caretaker to take advantage of those who depended on him for care. The countless acts of elder abuse that have been committed in this case are nothing short of despicable,” said Attorney General Rob Bonta. “Any and all forms of abuse against our elders will not be tolerated, and perpetrators will be held accountable. In today’s guilty plea, I want to thank our law enforcement partners for helping ensure the health and well-being of Californians residing in elder care facilities.”
In May 2020, Benavente was caught on video surveillance entering the room of a resident and removing cash from the resident’s wallet, prompting an investigation by the San Diego County Sheriff’s Office. In June 2020, the San Diego County Sheriff’s Office asked the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) to join their investigation against Benavante. The joint investigation found that between December 2019 and December 2020 Benavente committed multiple acts of burglary, theft, fraud, identity theft, and sexual abuse against a resident residing at Vista Village Senior Living and other victims throughout San Diego County. The two defendants stole jewelry, a handgun, and thousands of dollars from their victims.
The criminal investigation into Benavente and Mendez was conducted by the Attorney General’s DMFEA in collaboration with the San Diego Sheriff’s Department, Oceanside Police Department, San Diego Police Department, the San Diego County District Attorney’s Office, and Escondido Police Department. DMFEA investigates and prosecutes those responsible for abuse, neglect, and fraud committed against elderly and dependent adults across the state. DMFEA also works to protect Californians by investigating and prosecuting those who perpetrate fraud on the Medi-Cal program. DMFEA regularly works with whistleblowers, the California Department of Health Care Services, and local law enforcement agencies in its investigations and prosecutions.
A copy of the complaint is available here.
DMFEA receives 75% of its funding from the U.S. Department of Health and Human Services under a grant award totaling $41,264,032 for federal fiscal year 2020-2021. The remaining 25%, totaling $13,754,675 for fiscal year 2020-2021, is funded by the State of California. The federal fiscal year is defined as October 1, 2020 through September 30, 2021.
Source: CA. DOJ