Diane Davy & James Davy

Diane and James Davy
Crimes: Elder Abuse, Failure to Provide Necessities of Life

Poor Viola Simonds, she deserved so much better. The elderly former nurse from Ontario, Canada had made the horrible decision to give her daughter, Diane (aka Diana) Davy, power of attorney over her affairs. That pretty much signed her death warrant.

In 2008, 73-year-old Viola Simonds was, according to her family doctor, in good health, slightly overweight, but grieving over the death of her husband. Three months later, when Dr. David Collins next saw her in hospital, she was nowhere near as healthy. In fact, she was drastically worse.

The poor woman had been brought to the emergency ward of an Orillia hospital, confused, unwashed, suffering from malnutrition, and crying out in pain.

“She appeared to be a victim of neglect,” said social worker Keri-Ann Brunson. “She was dirty, frail, unkempt and she was crying out a lot.”

“She was very sick,” said Dr. Collins. “I was concerned — she needed full-time care.”

Unfortunately for Viola Simonds, Diane Davy and her husband, James Davy, refused to allow her to be put into long-term care. And it’s not like they couldn’t afford it — her work pension, old age security pension and Canada Pension Plan would have covered the cost.

The nasty pair also refused home care services. WTH?

Now why would Diane and James Davy refuse to give the senior citizen the professional care she needed and could afford? Because they had power of attorney over her finances, and were using her pension money for themselves.

Dr. Collins and Keri-Ann Brunson decided to take action. They both took steps to try to have Diane and James Davy removed as powers of attorney. They sent applications to the Ontario Consent and Capacity Board.

Now you’d think it would have been a slam dunk — 3 months in the care of Diane and James Davy and the poor old woman was starving and in pain! But no, the Ontario Consent and Capacity Board twice refused the applications. Instead they ordered regular house checks, and for Diane Davy to bring her mother in for regular medical checkups.

“I was still quite concerned,” said Keri-Ann Brunson. “In my opinion, Ms. Simonds was a very vulnerable person. She should not have gone back into her daughter’s care.”

It should come as no shock to anyone that Diane and James Davy did not follow through with the orders. They only brought Viola Simonds in to see her doctor once.

“I never saw her again after that,” said Dr. Collins. “I sent the OPP (Ontario Provincial Police) to look for her, but we never heard back from them.”

Lois Fenton-Leber of the Community Care Access Centre was assigned to do the home checks on Viola Simonds. She tried phoning, but only made contact once — the woman who answered denied she was Diane Davy.

“I could hear a woman yelling in the background,” said Lois Fenton-Leber. She didn’t give up. She kept calling, then pounding on the door, and finally calling the police. By the time the police were sent out, the Davys had moved away. Viola Simonds had disappeared. None of her other family members knew where she was.

It took 3 years for the poor old dear to be found. Diane and James Davy had moved her to a house in Orillia, Ontario. They kept her in disgusting, deplorable conditions, without her medication, without medical help, waiting for her to die.

On May 26, 2011, paramedics entered the Davy house and found the 76-year-old in a filthy room with the windows spray-painted black. The room smelled so bad that they became nauseated.

Viola Simonds was still alive — barely. She was reduced to a “living skeleton”. She was naked, filthy, covered in blood and vomit and feces. She was so dehydrated that her tongue was blackened and resembled a piece of wood. She had a broken hip. She was bleeding internally. She was covered in sores and bruises. Heartbreakingly she was crying out for her momma.

I could show you shocking photos of the poor woman in hospital, but out of respect for her I won’t.

“Her bones were sticking out, she was emaciated, malnourished,” said Keri-Ann Brunson. “She was covered in dried vomit, dirty, she had bruises, her hair was matted … And she was in distress. She was crying out.”

If she hadn’t been found when she was, the poor old lady would have been dead within a couple of days.

After treatment in hospital, Viola Simonds was eventually moved to a long-term care facility. Sadly, she’d suffered irreparable damage to her brain and internal organs and she died a few months later.

Diane and James Davy were arrested and charged with failure to provide the necessities of life. They went to trial in October 2014.

The defense argued that the Davys were only following Viola Simonds’ wishes — she didn’t want to go into a long-term care home. And they also argued that having a dirty home isn’t a crime.

“I don’t know where the evidence is that dirt and filth can kill someone,” their lawyer said. Really? Even if that were true, a lack of food and water CAN kill someone. Being deprived of necessary medications CAN kill someone. Internal bleeding CAN kill someone.

The defense, not surprisingly, blamed social services. “Social services should have followed up here and they didn’t,” their lawyer said.

Ummm, excuse me? They phoned, they showed up at the house, they pounded on the door, they sent the police. How is that not following up? It was the Davys who prevented them from checking on Viola Simonds.

No, if anyone shares the blame IMO it’s the Ontario Consent and Capacity Board who didn’t remove Diane and James Davy as powers of attorney.

Diane Davy, 49, and James Davy, 47, were convicted of failing to provide the necessities of life for Viola Simonds. I guess it didn’t help their case that they’d often been sneering and laughing in court, treating the proceedings as a joke.

Personally, I think those hellbeasts are guilty of hating the woman to death. It has to be hate to keep her naked, to leave her covered in vomit and feces. It has to be hate to deprive her of food, water and medicine. It has to be hate to spray paint her window black and deprive her of sunshine in her life. It has to be hate to keep those family and friends who truly loved her away from her. It has to be hate to inflict bruises on her, and leave her broken body untreated.

Viola Simonds was neglected, tortured, starved, and battered for 3 years. The hellbeasts who did that to her deserved a terrible fate.

So what fate did Diane and James Davy get? The maximum they could have been given was 5 years in jail. The Crown asked for only 18 months to 2 years, plus probation for 2 years. I don’t understand why the Crown asked for so little!

The defense, of course, wanted a conditional sentence served at home with probation.

In January 2015, Justice Guy DiTomaso really tore a strip off of the depraved pair, especially Diane Davy. He called her “selfish, self-centered … self-serving”. He tore into both of the Davys for refusing to accept help from health care workers and evading them.

“Mr. and Mrs. Davy engaged in a disappearing act,” said Justice DiTomaso. “They deliberately played a game of hide and seek with the very people who were willing to care for her.”

Justice DiTomaso continued, “You isolated her from her own family. You robbed her of the few precious remaining years they could have enjoyed with her.”

The judge said, “The circumstances of this case are tragic and deplorable,” and he pointed out that Diane showed no remorse. In fact, she’d blamed her family.

“Your excuses rang hollow, self-serving and false,” said the judge. “They were designed to deflect responsibility.”

And then Justice DiTomaso laid down the law. “In my view a jail sentence is the only reasonable sentence to protect these vulnerable people who are in the care of others.”

Yay, a jail sentence! Sounds promising, doesn’t it. Sadly, disgustingly, the sentence did not live up to expectations.

Diane and James Davy were sentenced to 1 year in jail on each of 2 counts, served concurrently, plus 2 years of probation. Pathetic! I guess the sadistic hellbeasts were right to sneer and laugh, because that sentence is a joke.

I don’t know when or if Canadian justice will start taking elder abuse seriously. Sentences like this are not a deterrent.

RIP, Viola Simonds. I extend my condolences to the family members and friends who mourn her passing.

And for Diane (Diana) Davy and James Davy I extend my heartiest wishes that their sadistic acts and heartless, greedy natures are revealed to all who come into contact with them. If the courts can’t teach them it’s wrong to abuse vulnerable, helpless people, then maybe society in general can give them a lesson they won’t forget.

Toronto Sun article – doctor’s testimony
Toronto Sun article – social worker’s testimony
Toronto Sun article – testimony
Barrie CTV News article – guilty
Barrie CTV News article – sentencing
Toronto Sun article – jail term

8 Responses to Diane Davy & James Davy

  1. moodymagic says:

    These sick pricks deserve so much worse.

  2. Bengalpuss says:

    The consent and capacity board are fucking useless. Looking at that bitch’s picture makes me want to punch her in her face, the sentence is disgusting. Surely if a doctor and social worker are pleading to have those pair of evil cunt’s removed from power of attorney and have viola put into a proper facillity then surely to god you’d think they would listen to those two professionals? I really hope that these two selfish bastard’s get some stick in jail. I still want to punch her in the face.

  3. Awesomeblossom says:

    They should both be chained naked to a sofa with no food or water.

  4. 2cute says:

    Horrible horrible people! They probably shortened that poor lady’s life by years. Their punishment is not enough.

  5. michelle says:

    It’s cases like this that makes me wish Dexter was for real. They could use some of his justice.

  6. Bernadette says:

    Monsters!!! I hope they suffer for all eternity.

  7. Bengalpuss says:

    My god i looked on google, and poor viola was virtually like a skeleton, those two horrible cunts, how can anyone do that to their own mother? Sick pair of fuck’s they are. RIP Viola.

  8. blinkingblythe says:

    They need to be chained down and beaten for the rest of their lives.

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