UPDATE: On Dec. 28, Alexandria Commonwealth's Attorney Bryan Porter announced he will not seek a grand jury indictment against the 77-year-old man. In a statement, Porter said in part:
"The unnecessary death of any citizen is a tragic and unfortunate event. In this case, there is no doubt that the decedent was a gentle man wholly undeserving of such a death.
"However, in deciding whether to attempt to hold a person criminally accountable for their actions, I must consider many factors beyond the mere tragic death itself. In this case, two factors were extremely important to my decision not to seek an indictment.
"First, the evidence revealed that the death was unintentional. After a very brief argument over whether the television in the residential unit should be turned off, a 77-year old resident pushed an 82-year old resident one time. The push caused the 82-year old to fall. The fall caused a fracture which, in turn, ultimately led to death.
"The police investigation revealed no evidence that suggested that the 77-year old intended to cause death or great bodily harm, nor any evidence that he acted with premeditation or malice. Instead, the evidence establishes that the death was unintentional.
"Second, the 77-year old resident who caused the death is sadly caught in the throes of severe dementia. A police detective attempted to interview him. The detective reported that he was unable to converse cogently with the detective about the incident and seemed unable to understand who the detective was or what he was investigating. This severe cognitive disability was confirmed by staff of the facility and available documentation.
"In light of these factors, I find that the public interest is not served by seeking an indictment. If the 77-year old were charged, the facts and my experience suggest that his dementia would cause him to immediately be deemed incompetent by the court. Given his mental state, there is no reasonable probability that attempts to restore him to competency would be successful. In other words, if he were charged is it extremely unlikely that he would ever be brought to trial."
ALEXANDRIA, Va. -- New details have emerged after an elderly man was killed by another resident at his assisted-living facility.
The facility, Sunrise Alexandria, released a statement to FOX 5 Tuesday saying in part, "We immediately notified all proper authorities when the incident occurred."
But Alexandria Police said they didn't learn of the incident until two days after it happened.
Police say it was October 24 when a 77-year-old man assaulted an 82-year-old man named Hunter Alexander. They say Alexander was taken to the hospital where he died on October 26.
Police didn't release the information to the public until 16 days later on November 11.
Neither police nor the facility have said what's to blame for the discrepancies and delays or explained why no one has been arrested.
FOX 5 spoke with Alexander's nephew, Daniel Alexander, Tuesday evening. He said because of family dynamics, he hadn't heard of his uncle's death before we told him.
He said Alexander was never married and never had kids, but had an incredible life.
Alexander is a direct descendant of George Washington according to his nephew and a book called 'The Washingtons: A Family History.'
He said his uncle was in the Navy, a research analyst on the USSR, as well as a writer and professor who spent a lot of time in Russia working for the U.S. government.
"He was absolutely brilliant," Daniel Alexander said. "He was so smart he was hard to talk to.
He said his uncle developed dementia later in life, and that "his mind wasn't working."
Sunrise is a facility that caters to elderly people with mental disorders. FOX 5 learned it never notified residents' families about the violence, and no one will say whether the 77-year-old man who assaulted Alexander is still living there.
A spokeswoman from the facility released the following statement Tuesday evening:
"We are deeply saddened by this loss to our family. We immediately notified all proper authorities when the incident occurred three weeks ago, and the police commenced an investigation right away. It would not be appropriate to discuss further details, as we must respect the privacy of those involved. We remain focused on providing our cherished residents with a safe, nurturing home."
Alexandria's Commonwealth's Attorney said while police have finished their investigation, they haven't gotten him the case file so he can decide on whether or not to bring charges. He says that process may take up to a month.