A former caregiver who worked in several east San Diego County nursing homes will face a retrial on charges that he sexually assaulted two elderly women in his care, KPBS has learned.
In late March, a San Diego County Superior Court jury found ex-certified nursing assistant Matthew Fluckiger guilty on three counts, but deadlocked on two others. County prosecutors have told KPBS they will retry Fluckiger on two counts of forcibly committing a lewd act on a dependent by a caretaker.
Superior Court Judge John M. Thompson declared a mistrial after the jury deadlocked with an 11-1 vote in favor of conviction on those charges, which are tied to two women who accused Fluckiger of sexually assaulting them in 2019. One lived at Avocado Post Acute in El Cajon at the time of the alleged attack, the other at nearby San Diego Post Acute.
Deputy District Attorney Josh Brisbane wouldn’t comment on the decision to retry the case. However, the fact that only one vote prevented the jury from convicting Fluckiger on all charges likely played a role.
RELATED: Jury finds ex-caregiver guilty on three counts of sexual assault, deadlocks on two others
The jury was unanimous in finding Fluckiger guilty on two counts of committing a forcible lewd act on a dependent by a caretaker, plus a third count of committing a lewd act, but without using force.
All three of those counts were for acts on a woman who lived at La Mesa’s Parkway Hills Nursing and Rehabilitation in January 2020. The woman said Fluckiger sexually assaulted her twice in one hour.
