Ad
Featured
Court looks into death of slain hospice care woman
Published
Modified
RIO RANCHO — It has been two years since a man called New Mexico Adult Services and Rio Rancho Police Department for assistance multiple times and was allegedly met with no help regarding the woman he was caring for. A couple hours after those phone calls, he shot and killed her.
Henry Cardana, 87, of Rio Rancho, was sentenced for the voluntary manslaughter of Juneanne Fannell in January. Initially, he was charged with murder, but due to Cardana’s circumstances prior to the incident and his age, He motioned for settlement and ended up getting six years for the crime. The case was supposedly closed.
But as of March 27, a court-appointed person is representing Fannell in a wrongful death lawsuit against the New Mexico Aging and Long-Term Services Department, Adult Protective Services, Erica Samuel (an employee belonging to that department), the city of Rio Rancho and Rio Rancho Police Department. All parties or defendants have stated they do not comment on pending litigation.
According to the complaint, there are two additional claims tied to Fannell’s alleged wrongful death, including violations of the New Mexico Tort Claims Act and the New Mexico Civil Rights Act. The complaint also stated that immunity is waived for the defendants in the case.
It holds the defendants responsible for Fannell’s death, citing Cardana’s phone calls. It reads that he called 911 as her caretaker and told dispatch he was “extremely frustrated and that he wanted to get Juneanne Fannell out of his house for her own safety.” The complaint states this is proof the city and RRPD had notice that Fannell was in imminent danger, was vulnerable, was unable to manage her own affairs and unable to protect herself from exploitation, abuse or neglect. Fannell herself told dispatch she felt she was in danger from Cardana, adding that he had guns in the house that he would use to threaten her. She also said he had been drinking.
Cardana had been listening in and threatened her to stop talking about it. Dispatch couldn’t discern if she was hurt or if Cardana had a weapon on him.
While this phone call took place, adult protective services called Rio Rancho dispatch stating a welfare check was required at that residence. The officers performing the welfare check confirmed that Cardana had loaded weapons in the home and stated they were “ready to go.” They also confirmed Cardana had been drinking.
Officers called Samuel about the welfare check and while they were on the phone, Cardana yelled that she hadn’t done anything to get Fannell out of the house. He also told officers he hadn’t slept for days. The officers responded by stating that Cardana “reached his threshold.” Cardana stated then and there that he was going to kill Fannell.
He reportedly also talked to Fannell in their presence, stating “I said you’re fine until I kill you.” Fannell told the officers he had made threats like that before and begged them not to leave her alone with him. However, the officers left.
Later that day, officers responded again after Cardana told a neighbor to call 911 because he had killed Fannell. She was found dead with a gunshot wound to the head.
Ad
Cardana told officers “I think she knew it would happen.”
“Juneanne Fannell suffered severe physical and emotional injuries, resulting in her wrongful death as a result of the defendants’ wrongful conduct,” the complaint reads.
The complainant requested a six-person jury trial and demanded award for compensatory damages on behalf of Fannell, including the value of her life, the circumstances, past medical expenses, past pain and suffering, past emotional distress, prejudgment and post-judgment interest, attorneys’ fees and any other relief the court deems proper.
