[News Update] Verne Gagne Cleared of Charges

Verne Gagne won't be charged in the death of a fellow dementia patient he attacked, Hennepin County Attorney Mike Freeman said Thursday.

Freeman said it was clear that Gagne, 83, who suffers from Alzheimer's disease, lacked the mental capacity necessary to have intended to harm Helmut Gutmann, 97. It would be unjust to bring charges, Freeman said.

Gagne had a confrontation with Gutmann in the memory loss unit at the Friendship Village retirement home in Bloomington on Jan. 26. Gutmann fell to the ground and suffered a broken hip, which was surgically repaired. But he died Feb. 14 of complications including pneumonia, Hennepin County Medical Examiner Andrew Baker said.

Freeman said it was "very clear from the medical personnel at Friendship Village and all of the people who observed the incident that Mr. Gagne, because of his dementia, simply lacks the capacity to intend the consequences of his actions."

Bloomington Police Chief Jeff Potts said the incident happened quickly while the men were at a table. He said Gagne did not perform a wrestling body slam on Gutmann, as some have speculated. It was more like "a push and a shove" and it caused Gutmann to fall, the chief said.

Neither man could remember the incident afterward.

Gagne owned the American Wrestling Association, which promoted pro wrestling on TV stations and in arenas across the Midwest from 1960 until it folded in 1991.

Freeman called the incident a tragedy for both families. He said he had spoken with them about his decision, and praised the understanding Gutmann's family had shown.

"They really have surprising insight into the role of dementia in this incident. They're sad to lose their father. They really understand that Mr. Gagne had no idea what he was doing. He still doesn't. And that's one of the tragedies of dementia."

Freeman said the Gagne family is "relieved, and they're very appreciative of the empathy and understanding of the victim's family."

Potts confirmed there had been at least two previous incidents at the home involving Gagne, and said police responded to one of them. He said Gagne and the other person involved were both taken to a hospital to be checked. He said the other incident was reported to police by the state health department but didn't warrant a criminal investigation.

Various licensing boards will investigate what happened at the retirement home. Freeman said that was routine and he doesn't criminal charges against the facility.

Gagne's son, Greg Gagne, and Gutmann's widow, Betty Gutmann, did not return phone calls seeking comment. Kay Miller, a vice president for Friendship Village's parent company in Des Moines, Iowa, Life Care Retirement Communities, said they couldn't comment for patient privacy reasons.

Freeman said these sorts of incidents among dementia patients aren't unusual. In his 10 years as a county attorney, he said, this was the fourth case his office has handled of someone dying at the hands of a dementia patient who didn't understand what they were doing. Freeman said they declined to prosecute in all four cases.

Gagne was moved to another care facility after the incident, his family has said.