Care-home employee who left pitcher of cleaning fluid unattended, leading to deaths of two residents, sentenced to 40 days

"The former employee of a San Mateo assisted living facility who left a pitcher of toxic cleaning fluid in the kitchen that another employee mistook for juice and served to residents - resulting in the deaths of two 93-year-olds - was sentenced Friday to 40 days in county jail and two years supervised probation."

""Forty days on its face does sound low, but what Judge Wendler has done is taken what might have been a longer jail sentence and converted that into public service hours - that 350 hours of public service work is what he felt was more appropriate for punishment, because 350 hours is a substantial number of days," Wagstaffe said. "I am not dissatisfied with the sentence.""

Alisia Rivera Mendoza, 38, left a pitcher of toxic cleaning fluid in a San Mateo assisted living kitchen; another employee mistook it for juice and served it, causing the deaths of two 93-year-old residents. She pleaded no contest in August to one felony count of elder abuse in exchange for no state prison time and a maximum county jail term of one year. She was sentenced to 40 days in county jail, two years supervised probation, and ordered to complete 350 hours of community service, including speaking to care workers about the mistake. She was originally charged with involuntary manslaughter and multiple counts of elder abuse. The judge denied a defense motion to immediately reduce the charge to a misdemeanor. The district attorney said the sentence was thoughtful given her lack of prior record and apparent lack of intent, and noted he was not dissatisfied with the outcome. Rivera Mendoza is barred from working in assisted living facilities while on probation.

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