Siblings accused of neglect in man’s death
Brother with Down syndrome died of untreated illness
ABINGTON » An Abington man and two of his siblings must answer to various charges in Montgomery County Court for allegedly neglecting their younger brother who had Down syndrome and who died of an untreated medical condition.
Harry A. Gramlich, 72, of the 200 block of Edge Hill Road, who allegedly was the primary caretaker for his brother Timothy, was ordered to stand trial, after a preliminary hearing before District Court Judge Juanita A. Price, on charges of involuntary manslaughter and neglect of care of dependent person in connection with incidents that occurred in October 2020 and linked to Timothy’s death.
A conviction of the charges carries a possible maximum sentence of 12½ to 25 years in prison.
Price dismissed a more serious charge of thirddegree murder, punishable of up to 40 years in prison, against Harry Gramlich, determining prosecutors did not establish sufficient evidence to move the murder charge to trial.
Meanwhile, Price ordered two other siblings, Elizabeth Anne Gramlich, 59, also of the 200 block of Edge Hill Road, and Joseph T. Gramlich, 64, of the 500 block of East Main Street, Lansdale, to stand trial on a single felony charge of neglect of care of a dependent person in connection with the alleged incidents.
With those charges, detectives alleged Elizabeth and Joseph Gramlich intentionally, knowingly or recklessly caused the death of their brother Timothy Gramlich by failing to provide treatment, care, goods and services necessary to preserve the health, safety and welfare of a care dependent person. A conviction of the charge carries a possible maximum sentence of 10 to 20 years in prison.
County Detective John Wittenberger and Dr. Khalil Wardak, a forensic pathologist for the county coroner’s office, testified during the pre
liminary hearings.
All three siblings remain free on bail pending trial. The siblings face formal arraignment hearings on the charges in county court on Jan. 19.
Assistant District Attorney Gwendolyn Kull is prosecuting the case.
Defense lawyer David Scott Nenner represents Harry Gramlich. Elizabeth Gramlich is represented by defense lawyer Jason Christopher Kadish and Joseph Gramlich is represented by defense lawyer Carmen Charles Nasuti III.
An investigation began about 2:27 p.m. Oct. 18, 2020, when Abington police responded to the Gramlich family’s Edge Hill Road residence for a report of a deceased person. Harry Gramlich informed officers that his brother, Timothy, 52, was deceased in a second-floor bedroom, according to the criminal complaint filed by Wittenberger and Abington Detective Sgt. Drew Kent.
Police found the naked body of Timothy Gramlich wrapped in an article of clothing on a bare, soiled mattress, according to court papers.
“The mattress and floor of the bedroom appeared stained with bodily fluids and feces. The odor of urine and feces was profound. The body of Timothy Gramlich was unclean and appeared emaciated,” Wittenberger and Kent alleged in the arrest affidavit.
In another front bedroom that appeared to be used for storage, police found “a severely soiled mattress with a ripped, soiled sheet” and “a soiled, wet pillow,” detectives said.
Harry Gramlich told police that his brother had Down syndrome and that he last saw his brother alive about 8 p.m. on Oct. 17 when he took him food, according to court papers.
The victim resided in the single-family residence with Harry Gramlich and Elizabeth Gramlich, according to court documents. Harry and Elizabeth resided on the first floor of the residence.
“Harry Gramlich identified himself as Timothy’s sole caretaker,” Wittenberger and Kent alleged.
A subsequent autopsy determined Timothy Gramlich died of urosepsis, which is caused by a urinary tract infection, and the manner of death was ruled undetermined.
“The examination suggested Timothy Gramlich had been neglected and had he undergone routine medical evaluations and care, his death from urosepsis could have been prevented,” detectives alleged.
A forensic pathologist said other indicators of neglect were Timothy’s weight of 76 pounds, “fixed, flexion contractures of hips and knees with no pathological basis for them,” pressure induced ulcerations of his lower extremities and the “poor, soiled conditions Harry Gramlich exposed him to,” according to the arrest affidavit.
“These unsanitary conditions and neglect of Timothy Gramlich, a care-dependent person,” demonstrated the “willful and wanton disregard” by Harry and Elizabeth “of an ongoing, unjustified risk that contributed to and resulted in Timothy Gramlich’s death,” Wittenberger and Kent wrote in the arrest affidavits.
Harry Gramlich allegedly told detectives he fed his brother twice a day and with each meal gave him two bottles of water, adding he typically fed Timothy peanut butter sandwiches and oatmeal and other meals that were prepared in a crock pot and that his brother was eating meals without any assistance.
“Gramlich described his brother as bedridden for the past six months. Gramlich admitted that Timothy had been non-verbal for many years. Gramlich explained Timothy had not received any medical care in years,” Wittenberger and Kent alleged.
Harry Gramlich allegedly told detectives that prior to police arriving at the home he had placed the bedding to the mattress in trash bags because they were soiled with urine and feces and that he felt embarrassed. Harry Gramlich also stated he scraped Timothy’s bedroom floor in an attempt to remove feces, according to the criminal complaint.
When asked about the severely soiled mattress found in the front bedroom, Harry Gramlich allegedly identified it as the mattress Timothy had been using until a week before his death.
When detectives interviewed Elizabeth Gramlich, she told them she had not seen Timothy for many years, “to the extent that she could not recall the last time she saw him inside the residence,” according to court documents.
“Elizabeth explained that Harry Gramlich was Timothy’s only caretaker although she resided in the same, shared residence,” Wittenberger and Kent alleged. “Elizabeth stated Timothy regressed to his second story bedroom in the 1990s after their mother died and it was there that he remained. Elizabeth stated Timothy’s bedroom door was always closed when she would enter the second floor.”
Joseph Gramlich, who did not live in the home, told detectives he had not seen Timothy since 2003 because Timothy “withdrew and didn’t leave his room unless he was going to use the bathroom,” according to court papers. Joseph Gramlich believed the last time Timothy had seen a physician was in the early 2000’s, according to court papers. Joseph Gramlich allegedly told investigators he was Timothy’s representative payee for Social Security funds, which were automatically deposited into a bank account each month. Joseph claimed he would withdraw $3,600 a year and give it to Elizabeth to buy groceries for the year and stated he would use $3,000 each year to pay for Timothy’s medical insurance, according to court papers.
Detectives said Joseph Gramlich held a joint bank account with Timothy, who was named beneficiary. On April 16, 2011, the account balance was $83,685.44 and as of Oct 31, 2020, the account balance was $14,418.27, according to court papers. Timothy’s monthly Social Security checks had been directly deposited into the account, detectives said.
On April 10, 2014, the amount of $70,000 was withdrawn from the joint account and deposited into a high yield savings account in the name of Joseph Gramlich, and as of Oct. 30, 2020, the account balance was $38,232.99, according to court documents.
“Joseph Gramlich, the representative payee for Timothy Gramlich’s Social Security benefits, failed to provide Timothy care, goods or services that were necessary to preserve his health, safety and welfare,” Wittenberger and Kent alleged in the arrest affidavit.