Marion couple convicted of elderly abuse will serve 10 years in prison

The picture Donald Berns painted of Park Setting Elder Care Home sounded like a 'little bit of heaven” to Wanda Gael when she was looking for a provider to care for her husband Robert, who had Parkinson's.

Instead, her husband was abused, drugged and locked in his room, Gael said in a victim's impact statement Friday. Robert asked her one day 'when would the sheriff's deputies come to take him away.” She didn't understand until she was told Donald Berns had told Robert if he left his room again, the sheriff would be called. Donald's wife Peggy assured her it wasn't meant as a real threat.

Peter Gael, son Wanda and Robert, bitterly said Parkinson's took his father's physical and mental abilities, but the Berns' took his 'pride and dignity.”

Wanda Gael said Robert was happy to be taken out of the home and lived with her again until he died two weeks ago.

The Gaels and other family members of the 11 residents abused asked a judge to confine operators of the home, Peggy, 67, and Donald Berns, 71, of Marion, to prison as they had confined their loved ones. The small courtroom was packed with family members and friends of victims and of the defendants.

Sixth Judicial District Judge Christopher Bruns sentenced Peggy and Donald Berns to 10 years in prison. He denied deferred judgments or probation, as requested by their attorneys.

'I wouldn't treat my dog like these people were treated,” Bruns said.

Bruns said if not for the plea agreement made on sentencing he would have ran two of the charges consecutively for 20 years each. He also pointed out the fact that neither had real remorse for what they did.

Peggy Berns said 'if I did anything wrong other than give them purpose in life” she was sorry and asked the families to forgive her. She said they never intended to hurt anyone.

Donald Berns said he was sorry 'for anyone who feels they were hurt” by them. He went on to share his background, including that his father had Alzheimer's and was mistreated in a home, which led to him opening Park Setting.

'I tried, I failed and I'm sorry,” he said looking into the gallery at the families. Peggy and Donald Berns were convicted by Bruns in April for neglect of a dependent person, conspiracy to commit a forcible felony, and possession of a controlled substance (lorazepam).

The couple operated the Park Setting Elder Group Home at 1470 Tama St., in Marion, from 2011 to August 2014. The state shut down the home in 2014 after the mistreatment was discovered.

According to the judge's ruling, the patients locked or barricaded in their rooms overnight had physical or mental disabilities, such as dementia and early onset Alzheimer's symptoms.

Some family members who gave victim's impact statements said they saw chairs up against the doors and then later found out they were being locked up.

Karen Simmons said her husband was only in the home for 38 days and paid about $8,200 before she removed him. She saw chairs blocking doors and saw the couple feed five people with two cans of soup.

Laurie Johnson said her mother was 'slowly dying.” Her mother, who had dementia, was given expired food, and her caretakers put her on more anxiety medicine. Did practice was repeated for many of the patients, who reportedly appeared to react like 'zombies.” After she removed her mother from the home, she thrived and 'now she's living.”

Assistant First County Attorney Nick Maybanks, in making an emotional argument for prison time, said these were 'real people with horrible diseases” and they were entitled to dignity and respect. The couple treated their wives, husbands and parents like prisoners, only much worse than prisoners. Prisoners aren't drugged, physically abused and treated like animals.

Maybanks said this could have been avoided if the Berns would have hired night staff, instead of using baby monitors and locking residents in their room.

'Only one reasonable explanation, it came down to greed,” Maybanks said. 'The Berns reported they made $18,000 per month before it was shut down by the state. They were making $216,000 a year off these individuals. They live in an $800,000 home and drive a BMW.”