Homeless Man Arrested For Sexual Assault on 70-Year Old Elderly Woman at Las Villas De Carlsbad Assisted Living Home Facility

Last Updated on: 10th February 2022, 03:21 am

Arrest Made in Sexual Assult of 70-Year Old Woman at Las Villas De Carlsbad Assisted Living

According to NBC News in San Diego, (Jackie Crea reporting) Carlsbad, CA police say they have arrested a man that snuck into an assisted living facility and sexually assaulted a 70-year old elderly woman.

The sexual assault of an elderly woman happened at Las Villas De Carlsbad Health Center located at 1094 Laguna Drive, in Carlsbad California. It was called an “unthinkable crime” by the reporter.

The suspect Auston Miller is a 25-year old homeless man that lives in North County. He apparently walked into Las Villas De Carlsbad around 6:30 AM on Tuesday, February 4th, 2020. He then attacked an elderly woman in her room. He took off after an employee confronted him.

The police looked for him for the next 24 hours, using canines and a helicopter, and finally found him less than one mile away from the assisted living facility on Carlsbad Village Drive.  At the time of the report, it was unclear how he got into the facility. However, the police used the phrase “snuck into the facility” in the news report.

When NBC 7 reached out to the facility they responded with the following:

“At Las Villas de Carlsbad, the health and safety of our residents and associates is our top priority. While the community has security measures in place, we have increased the security presence in the community. We take this incident very seriously and will continue to cooperate with local law enforcement in their investigation.

-Derek Root, VP of Communications at Villas de Carlsbad”

The suspect, Auston Miller has been booked into the Vista CA jail and faces charges of Elder Abuse, burglary, attempted rape, sexual battery, and false imprisonment. 

About Las Villas De Carlsbad (from their website)

Las Villas De Carlsbad claims to offer the very best in retirement living. They offer independent living, assisted living, respite care, and care coordination.  They are an all-inclusive community.  

They are a location of Elmcroft Senior Living in Lake Oswego, OR

According to the California Department of Social Services, Las Villas de Carlsbad was licensed on 4/15/2019 and has been inspected 5 times with 1 complaint. By clicking on the link you can view the actual reports.

How Berman & Riedel, LLP Can Assist You If You Suspect Elder Abuse

As the population ages, more and more individuals than ever before are living in skilled nursing facilities (nursing homes) and residential care facilities for the elderly (assisted living facilities).  As a result, there has been a rise in the number of sexual assault cases that occur in these types of facilities. These sexual assault cases are typically perpetrated by individuals who gain unauthorized access to the facility (as a result of lax security), by employees of the facility (due to a failure on the part of the facility to conduct comprehensive background checks), and by other residents of the facility who do not have the cognitive understanding of their actions (which the facility fails to identify and appropriate care plan for).

Accordingly, it is very important for families and loved ones of those who reside in such facilities to be vigilant in making sure that the facility has proper security measures in place.  Concerned loved ones should observe whether doors and other facility access points are locked or secured. Loved ones should also inquire about what type of vetting process occurs when hiring potential employees, and what safeguards are put in place to make sure that resident on resident sexual assaults do not occur.

If you have a concern that a loved one has been sexually assaulted in a California long term care facility or have any questions concerning this issue, please do not hesitate to contact the attorneys at Berman & Riedel, LLP at (858) 350-8855.  Our attorneys have years of experience when it comes to these types of cases and can help assist families and loved ones with these types of issues.  

Founder and managing partner of Berman & Riedel, LLP, William M. Berman, Esquire, was recently featured on the news discussing this issue as it relates to a nursing home sexual assault case that the firm is currently handling.  

Harlan J Zaback Featured on NBC News 7 Story Regarding Carlsbad Assisted Living Sexual Assault

For further information, please visit our How to Recognize and Report Elder Abuse in California Guide


About Berman & Riedel, LLP firm managing partner attorney William M. Berman:

Attorney William M. Berman focuses his practice in the areas of catastrophic personal injury, wrongful death and elder abuse and neglect. Strictly a plaintiffs’ dedicated firm, he never represents insurance companies in the defense of claims. Mr. Berman’s firm remains staunchly committed to helping those who have suffered serious injury or loss due the negligence, intentional misconduct or wrongful acts of others.

Mr. Berman has grown his firm to what is considered one of the largest and most successful elder abuse/neglect practices within California. Through his continued successes in handling claims involving nursing home and elder abuse and neglect, Mr. Berman remains a prominent figure in advocating on behalf of this vulnerable class of citizens.

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Attorney Bill Berman

William M. Berman, Esquire
Berman & Riedel, LLP
12264 El Camino Real, Suite 300
San Diego, California 92130
ph: (858) 350-8855
fax: (858) 350-9855
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web: www.bermanlawyers.com