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NE: People question legality of sex offender living in assisted living facility

[ – 1/14/19]

FORT CALHOUN, Neb. (WOWT) – Concerns have been raised over a registered sex offender who is living in an assisted living community in Fort Calhoun.

A few people connected to those living in the community are questioning whether or not the arrangement is legal.

There are 48 apartments for seniors at the Autumn Pointe Assisted Living Services. One of those units is occupied by a registered sex offender, but the company officials said no one living in the community is at risk.

Amy Wilcox Burns works for Dimensions in Senior Living, the company that owns the assisted living community in Fort Calhoun. She said she understands the concern.

“Oh a hundred percent, a hundred percent what I would tell you is we wouldn’t have admitted this gentleman if it had been something illegal and if we had concerns for our residents, our staff and the community,” Burns said.

Dave Woodard has a friend that lives in the complex, and doesn’t think it’s ok.

“I think it’s terrible, ’cause to be in a place like this where they’re treating people decently and you got somebody in there that’s like, I don’t know, it’s a danger hiding in a bad corner,” he said.

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  1. Chris f

    Well…on one hand the reporter didnt drop his name in the article so at least that was respectful.

    On the other hand, the reporter failed to throw out any real recidivism statistics to show the slim chance of something happening and also didnt explain the original crime to see if it even warrants fear. That just perpetuates the notion that anyone with the sex offender label must be a contact repeat sexual predator. The average person doesnt believe the government would stick such a derogatory label on a person that wasnt an extreme danger to society.

  2. Will Allen

    Same old nonsense.

    People who are living in Amerika need to mind their own business and leave other families alone. In every way. Mind their own business and stop having opinions about everything, of which they know less than nothing.

    This type of stuff is what the Registries are for. They have nothing to do with public safety or protecting children. They are for gossip and harassment.

    • registerednotanoffender

      You always tell it like it is, love that about your post LOL

  3. waggs


    where are those that need assisted living supposed to live then? this is maddening.

    • Will Allen

      The former “bad guys” need to be sent to Australia? Nope, even those former criminals are trying to become very sanctimonious these days. Everyone needs to feel holier than everyone else. That is a sickness that afflicts shallow people.

      I supposed people who are listed on big government hit lists need to only go to and live in special, government-approved facilities. You know, facilities that charge 5 times what is fair/typical and that are owned by wealthy people who are exploiting everyone that they can, in order to make piles of money. That sounds like the Amerikan way and their “ethics”. Just like the private prisons.

  4. Joe123

    “I think it’s terrible, ’cause to be in a place like this where they’re treating people decently and you got somebody in there that’s like, I don’t know, it’s a danger hiding in a bad corner,” he said.

    ^Exactly why this whole criminal scheme by politicians needs to be abolished: because people’s brains haven’t evolved to know better, since everything is taken at face value, because ‘thinking hurts the brain’ for the vast majority of US citizens.

    • Will Allen

      Well said, I so agree.

      I’m not a genius (might be technically, actually!) but people in the world are flipping stupid.

      It’s a fact that anyone in the nursing home might be 100 times more dangerous than this big government listed person is. I guess most people simply just can’t understand that? And if people are stupid, is it their fault? I guess I should have compassion for them and their faults? And accept the fact that they can’t understand why Registries are idiotic social policy?

      But I’m thinking that’s not the case. I’m thinking most people are not that colossally stupid. And that the real reason they support the Registries is because, “Why not? It’s not hurting me. Who cares about THOSE offenders?! WE should kill them.” Since that is the case, I think Registry Supporters are truly awful “people”.

  5. R M

    Well then, let’s force the RC out of the facility where he has been deemed safe by the faculty and legal by the statute and let him live homeless on the street in front of Dave Woodard’s house… will he like that better?

    • JM of Wi.

      Better yet pay for home care – 24 hour, through in a home if necessary. Spend some more real tax $ on the registry. A couple more well funded civil lawsuit wins to finance, – – –
      Seems so 1 step forward 2 back.

  6. Dustin

    We can presume the registrant is elderly and has health issues severe enough that he can’t care for himself if he’s living there. In stories like this, I’d like to see reporters ask people like Dave Woodard, exactly what kind of threat does the registrant pose? What specifically is the “danger hiding in a bad corner”?

    The notion that his mere presence is dangerous is simply idiotic. The other residents are in more danger from vigilantes going after him and hitting someone else by mistake than from the registrant.

    • Will Allen

      Your statement of “The notion that his mere presence is dangerous is simply idiotic” is just so accurate. But I do believe that most people who blindly accept the Registries are dumb and that they actually “think” like that. They don’t put much thought into anything.

      But what I’d prefer to see reporters do is compare the “big government listed person” against any other random guy in the place. Ask the people who of the 2 guys has committed more $EX crimes? Then ask them who is more dangerous? Then, if they don’t realize that they can’t even intelligently guess the answers, they are certified idiots. THOSE are the people who support the Registries.

  7. USA

    Well stated! They should kick him out and make him homeless? Arrest him? Execute him? Put him on a desert island? As I have mentioned before, have you ever sat in a court room and watched a days proceedings? It’s shocking to know how many crimes, arrrsts and convictions occur daily! It’s time to wake up and realize nobody is perfect. This man paid his debt to society, obviously complies with the laws and is simply trying to live! It’s shocking. This is clearly why people need to be able to get off the registry. I can maybe understand how someone could be required to register for maybe 5-10 years if they are out of control, but come on!

    • Will Allen

      “I can maybe understand how someone could be required to register for maybe 5-10 years …”. Ummmm, no. The Registries are idiotic social policy and unacceptable for anyone for even 1 day.

      • Gralphr

        Honestly, even that is a compromise considering people can be on parole for years after out. Either way, putting someone who is out in public on something for life should be seen as it is (punishment) and therefore illegal.

        • registerednotanoffender

          The people who are truly risk to reoffend are civilly committed in my state and should be elsewhere. That would create no need for a registry

  8. Facts should matter

    It’s mostly the “yuck and ick” factor that make people feel weary and uncomfortable.

    To those people I say, TOO F***ING BAD! FIND A WAY TO LIVE WITH IT.

    • Will Allen

      I agree. And I really do think that is one of the main factors that makes people love the Registries. Has nothing to do with public safety, protecting children, or any of the other lies that they love to parade around. It is all about them wanting and NEEDING to feel that they are holier than whomever. And about being PC. Most people have very fragile egos.

      And I certainly agree with your “TOO F***ING BAD! FIND …” statements. Honestly, when I see and hear Registry Supporters, they literally make me ill. I certainly feel “yuck and ick” and want them far away from my family. Just looking at them disgusts me. So I get that completely.

      I’ve had people tell me things like “they are uncomfortable with you being there”, etc. and I reply “F’ing good! I’m glad they are uncomfortable. I hope it makes them suffer.” I want people to suffer because the Registries exist.

      I’ve had people tell me that they couldn’t sell their homes because I Register by there and I tell them that is hilarious. That is one of the very best features of the Registries. I know very well that Registered people can make money by taking advantage of that. Register homes where you want the price to go down and remove the Registration when you want it to go up. If you can swing the price difference by even 5% in total, that can be a huge profit difference.

      • troy

        I don’t get this judicial system,they lock you up,put you in a correctional facility,hoping you get rehabilitated ,your out, they put you on a list that ruins your life, don’t get it

    • Gralphr

      The problem is do they allow murderers and other people? If so then why single out sex offenders!!

  9. C

    The only thing of any value Mr. Woodard said was, “…I don’t know…”

    I think we can all agree with you there, Woody.

  10. C

    What timing. This morning I was just thinking of my elderly father who will soon require in-home care and how I’ll be in the same situation if I live long enough. The difference is the added burden of the registry and the problems it creates for family. If they put me in a home, they’ll have to find one that will accept me. If they keep me in my home, or theirs, they’ll have those associated issues. This shit is a drag right up until the bitter effing end.

    What happens now for registrants who are infirmed? Are they wheeled into the police station in their chairs or hospital beds with life aupport gear in tow? Or do the cops make a house call in their tactical gear? I’m imagining the strokes and heart attacks incurred by the other residents when the Jack Boots kick in the doors to Shady Acres to verify 97-year old Harold, with 1962 conviction for indeecent exposure, is still kicking.
    All the more reason to GTFO of this country while I’m still a virile young man in his 50s before I end up like poor Harold.

    End of Rant.

  11. Frustrated

    I worked at a high end facility in Saratoga Ca. As a therapist. There were 2 RSOs living on the campus ( Saratoga Retirement is a continuing care facility). One was in independent living and one was in assisted living.

    The state board said I was a “danger to vulnerable populations” with a misdemeanor C.P. Charge, but the RSOs were both felony child molestors and nothing was said, and you want to know why?
    Because each one spent over $7000 / month to live there and the state or facility couldn’t boot them without all hell breaking loose. Money gets people to turn their heads.
    When I brought this up to the residents, they went to management and petitioned against my release, saying it was unfair to treat two people differently.

  12. Hank, Nebraskans Unafraid

    Here we have a 70 year old man with a 1997 conviction date who therefore hasn’t reoffended in 22 years ! We are addressing this issue now. Thank you ACSOL for posting this, and all the great and caring comments.

    • Timothy D.A.Lawver

      Which was your plea, guilty or not? Date?
      Is Nebraska bi- annual or annual law making?
      Which stat. was used and # counts?
      Are you an ex post?
      Thx Tim

  13. mike r

    Just so people know,
    California Code, Health and Safety Code – HSC § 1564 (a) No individual who has ever been convicted of a sex offense against a minor shall reside in a community care facility that is within one mile of an elementary school.

    • Registerednotanoffender

      Isn’t that redundant to the residency restrictions that stop sex offenders from living near schools anyways?

    • Frustrated

      Not enforced. Like I stated in my previous post, this child molester( his daughter ) lives within a mile of a private church school. His is listed publicly , yet the company running turns a blind eye, because he pays so much to live there. He is an extremely nice man with a lovely wife. He can’t be around his grand kids without parents present. He is around children many times throughout the year because school groups come and visit the seniors and put on shows. So why isn’t he asked to leave ?…..$$$$$$, that’s why.

      • Will Allen

        I didn’t look at the law at all but “community care facility” sounds like a halfway house and not a retirement care/home. Surely that term is better defined in law somewhere? Also, the company very, very likely doesn’t have to concern itself at all if the guy is in a personally legal living situation or not. They may turn a “blind eye” but I can’t imagine law enforcement would or if they did, that they would be allowed to get away with it. So are you suggesting he is paying off law enforcement?

        Also, why can’t he be around his grandchildren without parents present?

  14. mike r

    I do not know of anything that could keep the state from enforcing this law at this time. In Re Taylor has no effect on this statute. It is challenged in my case.

  15. USA

    ? I think we need to pray for this man! I think it’s almost funny and disturbing to hear people cite case law? I register, but I also live a normal life and stay positive. I would probably contact a great civil attorney, if I was this man and note what I might do if legal action takes place. He should be left alone, unless he is this out of control repeat offender! I would simply ignore the neighbors and file a harassment suite should something arise via a neighbor! Good luck and unless your a lawyer or paralegal, NONE of you should be providing any legal advice!! I wish this man all the luck in the world.

    • NPS

      No one is giving legal advice. They’re providing legal facts. What the person chooses to do with those facts is up to them and their attorney. And just so you know, paralegals can’t give legal advice unless directed by an attorney. But they can provide legal facts.

    • AJ

      What she (@NPS) said.

  16. mike r

    Man I have to say it. Here USA goes again. LMAO… How about you should not be telling others what they should or should not be doing. Hypocritical statements in one sentence. 4 degrees??? scary…

  17. mike r

    In CA,
    Community Care Facilities (CCFs) are licensed by the Community Care Licensing Division of the State Department of Social Services to provide 24-hour non-medical residential care to children and adults with developmental disabilities who are in need of personal services, supervision, and/or assistance essential for self-protection or sustaining the activities of daily living.

  18. mike r

    NM USA, you have just as much right to make your statements as anyone else has theirs. Have a great day.

  19. mike r

    Seems a little like trolling to me, but if that’s your lifestyle, and what 4 degrees gets you, go for it. Seems like a lot of time and money spent to sit around trolling, but whatever, to each their own.

  20. mike r

    I guess no pro se have ever been successful according to USA’s logic.

  21. Nikki

    To all who don’t agree…tell me how I am suppose to handle this situation

    88 year old grandfather, offended THIRTY years ago, never a re-offender yet still required to register. Needs dementia care and more care than I can possibly give him. Walks with a walker, wears depends, needs medications administered for him, increasing hospital visits and health concerns.

    In the state he currently lives his charges are SO OLD that they can’t even be located. He lives 1700 miles away from me and is able to be in assisted living where he is. I NEED him to be closer for health and welfare…yet I have to register him as a “new offender” if I move him to my state.

    8 out of 8 assisted living with memory care have denied me for being honest about a 30 year old charge. Yes he did time…5 years. Even with that it’s been 25 years ago! He is not a threat to anyone…heck he can’t even stand up straight or walk without a walker any more.

    Tell me where am I suppose to send him when everyone says NO. Oh wait…I did find one that said yes. It’s the one with more complaints than I could read through.

    So over it…

    • AJ

      The pessimist in me says move him, have him arrested for FTR, and get his mental competency challenged. If he’s found mentally incompetent, he’s not able to understand the law or following it. Next time they come around and try to nail him for FTR, go through the circus all over again. If they find him competent, let the State move him into a medical facility. Then again, the place with all the comments will probably STILL give better care than the State.

    • A Wife

      I don’t have any real advice…. just want to say how sorry I am for you and your grandfather.

      My husband got off a while ago (CoR in CA – miracle of miracles) and he was recently in the hospital. I did ponder this though, while sitting around… the thought that the medical and nursing staff there would see him as anything but a person in pain and a patient in need of help just breaks my heart.

      Hang in there!

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