Jail time for man who took inappropriate photo

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October 23, 2009

By ANDREA VanVALKENBURG The Press Republican Fri Oct 23, 2009, 11:28 PM EDT

PLATTSBURGH — A former nurse's aide has been ordered to jail and probation for taking sexually explicit photos of a traumatic-brain-injury patient in his care.

Shane Spooner has said that he took a picture of the man's genitals for his own amusement, an act that Attorney General Andrew Cuomo has called "a disgusting example of abuse within the walls of a New York nursing home."

The 33-year-old father was working at Clinton County Nursing Home when he took the inappropriate cell-phone picture of the 49-year-old and sent it via text message to a female co-worker.

That woman, who was not working at the time, reported the incident to her supervisors.

Spooner was later fired.

After investigating, authorities charged Spooner with second-degree unlawful surveillance and first-degree dissemination of an unlawful surveillance image.

Within two weeks of his August arrest, Spooner pleaded guilty to a reduced misdemeanor charge of attempted first-degree dissemination of an unlawful surveillance image.

He returned to Plattsburgh City Court Friday morning and was sentenced to 45 days in County Jail for taking the picture. He was also ordered to complete three years probation and pay a $500 fine, along with a $200 surcharge.

Spooner, who has three prior misdemeanor convictions, was working part-time as a dishwasher at CVPH Medical Center at the time of his August arrest but is no longer employed at the hospital.

He has never publicly commented on the case.

The incident prompted Clinton County Nursing Home officials to review the facility's policies and procedures, though employees were already trained on abuse protocols and the protection of residents.

E-mail Andrea VanValkenburg at: avanvalkenburg@pressrepublican.com