A 34-year-old resident at a New York nursing home died after choking during a meal, and three employees are now facing criminal charges over the care she allegedly received before and during the incident.
The case involves The Grand at Mohawk Valley in Ilion, Herkimer County, where New York Attorney General Letitia James announced the arrests and indictments of dietary aide Mary Stocking, nurse Mara Lasher and facility administrator Michael Sutter on Sept. 17, 2026.
According to investigators, the resident had arrived at the facility just three days before her death on Aug. 23, 2025. She had been transferred from a rehabilitation hospital with instructions that she receive continuous one-on-one supervision.
The woman had a rare genetic condition that caused tumors throughout her body and made swallowing solid food difficult, according to the Attorney General’s Office. Investigators also said she had an eating disorder that led to compulsive eating, making close supervision particularly important during meals.
Investigators Say One-on-One Supervision Was Stopped
The resident’s family reportedly emphasized the need for constant one-on-one supervision when she entered the facility.
The Attorney General’s investigation alleges that Michael Sutter, the facility administrator, ended that close supervision after the resident’s first night, including supervision during meals. Investigators said this occurred despite her known risk of choking.
On the afternoon of Aug. 23, the resident was eating in the facility’s dining room when she was allegedly left alone near food remaining on trays belonging to two other residents.
Investigators said she took a meatball from one of the trays, swallowed it and began choking.
Officials Say Help Was Not Called
The Attorney General’s Office alleges that Mary Stocking, a dietary aide, saw the resident choking but deliberately did not call for assistance.
Later, nurse Mara Lasher allegedly entered the dining area and saw the woman lying face down across a dining table. Investigators said the resident was unresponsive, with her arms stretched out in front of her, but Lasher allegedly failed to check on her.
According to the state investigation, the woman remained in the dining room for nearly 90 minutes before other employees eventually moved her to her room and called 911.
She was pronounced dead in her room.
The Attorney General’s Office has also alleged that Stocking was involved in a false entry in the facility’s records related to the woman’s death.
Three Employees Face Criminal Charges
Stocking, Lasher and Sutter were arrested and arraigned in Herkimer County Court on Sept. 17, according to the Attorney General’s Office.
All three face charges including first-degree endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled person and a misdemeanor charge involving the willful violation of health laws.
Stocking also faces a second-degree manslaughter charge. Reporting on the criminal complaint also identifies a falsifying-business-records charge against Stocking.
If convicted on the top charges, Sutter and Lasher face a maximum sentence of one and one-third to four years in state prison. Stocking faces a maximum sentence of eight and one-third to 25 years, according to the Attorney General’s Office.
Attorney General James said her office has “zero tolerance” for abuse and neglect involving people who depend on others for care.
The investigation was conducted by the Attorney General’s Medicaid Fraud Control Unit, with assistance from the Ilion Police Department.
The charges are allegations, not convictions. Stocking, Lasher and Sutter are presumed innocent unless and until proven guilty in court.
