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February 26, 2009

DA charges 94-year-old in rape case

Mark Schlachtenhaufen

Oklahoma County District Attorney David Prater Thursday charged a 94-year-old former resident of an Edmond nursing facility with one count of first-degree rape by instrumentation.

In September, a witness found Lester Pendergraft, then 93, a resident at Grace Living Center, 2520 S. Rankin St., performing a sexual act on the then-67-year-old victim, according to a police report.

A relative gave her consent for a rape exam for the victim, and the victim was transported to the hospital, police said. Pendergraft was transported to St. Anthony Hospital for a mental evaluation.

Out of respect for the victim’s family, the DA’s Office declined comment on the case.

The nursing facility responded via a statement.

“Grace Living Center of Edmond takes the responsibility to protect all residents very seriously. We discovered the incident and immediately took steps to provide for the safety and care of the residents; we reported the matter to the health department and police; and the male resident was promptly removed from the facility. We have cooperated fully with authorities throughout the investigation.”

Citizen advocate Wes Bledsoe, president and co-founder of A Perfect Cause, an organization dedicated to long-term care reform, said he spoke Thursday with a family member who was declining media interviews until she consulted her attorney.

“Any family is shocked and dismayed that entrusts a loved one of theirs to another and then they turn around and have that trust violated,” Bledsoe said.

This case is unusual, breaking relatively new ground in Oklahoma, Bledsoe said. It will be in the best interest of the state to ensure that the offender is identified by the legal system so he can receive proper care, he said.

“A Perfect Cause certainly does not think he should serve jail time,” Bledsoe said.

Bledsoe said long-term care facilities normally are reluctant to admit sex offenders because of liability issues and the loss of other customers as a result. Also, families of victims may choose to hold them accountable, he said.

Pendergraft currently is living at a Norman nursing facility, Bledsoe said.

Last summer, Gov. Brad Henry signed into law a bill, authored by Rep. Kris Steele, R-Shawnee, that requires the state to build a separate nursing home for sex offenders.

It was the first law of its type in the nation.

marks@edmondsun.com | 341-2121, ext. 108

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