Trespassing charge dropped against jailed 94-year-old
TAVARES — A trespassing charge against a 94-year-old woman has been dropped, but confusion over the care and housing of Juanita Fitzgerald boiled over Tuesday as she argued with caseworkers outside a motel.
“They’re going to Baker Act me!” said Fitzgerald, swatting her hands at exasperated caseworkers, referring to the state’s involuntary commitment law.
She was kicked out of her Eustis senior home last week for not paying rent and arrested by Eustis police on a charge of trespassing after a warning, then booked into the Lake County Jail. Reports of her arrest — two days before her 94th birthday — have been publicized nationwide and in the United Kingdom and prompted efforts to help her.
On Monday, the State Attorney’s Office determined that “criminal prosecution wasn’t warranted” after reviewing body camera footage worn by police, said Public Defender Mike Graves, whose district includes Lake County.
Despite her fears, Fitzgerald has not been involuntarily committed for a mental examination. She moved Tuesday to another Tavares motel, the tab picked up by the son of a friend from Franklin House, an independent living community.
But she continued to refuse help from state officials and social service agencies.
“Especially after what’s been done to her, she is petrified of anything that has to do with DCF [state Department of Children of Families] or LifeStream Behavioral Center,” said Marie Braithwaite, 38, one of the few people Fitzgerald has agreed to accept help from. She reached out to Fitzgerald on her own and brought her balloons on her birthday.
“The thing is, nobody is letting her rest,” Braithwaite said.
GoFundMe pages have been set up for her cause and to pay for her $500 bond, but Fitzgerald knows none of those involved with the fundraisers.
Waiting Tuesday to be picked up and moved by a friend to another motel, Fitzgerald was on the phone with her daughter, who lives in Tennessee and is in her 70s.
“They’re trying to control me, Kay, and threaten me, and I don’t take threats good,” Fitzgerald said.
Friends, peers and caseworkers all described Fitzgerald as “sharp.”
Eustis police defended their actions this week, saying in a statement that “since all available options were refused by Ms. Fitzgerald, who appeared to have the mental capacity to form and make her own decisions, the officers had no alternative but to take Fitzgerald into custody.”
Fitzgerald lived at Franklin House since 2011 before she was evicted.
The decision to evict her was “based on her refusal to pay rent,” Franklin House spokeswoman Karen Twinem said. She said Fitzgerald declined to issue a complete payment about three months ago. Fitzgerald argued that she tried to pay rent in October, but Twinem said Franklin House rejected her payment because Fitzgerald only offered half of what she owed.
In the body-cam video, Fitzgerald slid out of her walker at the Franklin House parking lot, screamed “no!” and refused to be taken into custody. Born in Kentucky, Fitzgerald prefers the King James Bible over any other version. She has a second child, who also lives in Tennessee. Both are from her first marriage when she eloped at 17, she said. She divorced her second husband in 1970.
“Lord, the living I’ve done since then,” Fitzgerald said.
She said has lived in several states and Canada and worked as a “telephone operator, a waitress, everything.”
On Tuesday, Fitzgerald showed no signs of allowing officials to help her.
“Are you the ones I threw out yesterday,” she said. “Are you back?”
DCF spokeswoman Kristi Gray said the agency heard about Fitzgerald’s case through the news and reached out to her before launching a formal investigation.
Gray said DCF faces limitations when working with adults that they don’t have with children, such as assessing whether the adult can or can’t give consent. Adults can refuse resources if the department determines they are mentally able to decide for themselves.
“We’re running into a situation to try to convince her,” said Gray, who added that the department has tried to work with her to no avail.
LifeStream plans to let things cool for Fitzgerald as she becomes situated in a new hotel.