Nursing Home Predator Gets 2 20-year Terms
In an emotional hearing, Thomas Drake Wheeler, 57, was sentenced to two 20-year sentences by 241st District Court Judge Diane DeVasto after pleading guilty to the sexual attacks on two physically disabled women.
Originally published in the Tyler Morning Telegraph, March 7, 2002
EDITOR'S NOTE: The names of the victims in this article are not revealed in keeping with the Tyler Morning Telegraph's policy to protect the identity of victims of sexual abuse and to encourage the reporting of such crimes.
A Tyler man described by Smith County prosecutors as a "sexual predator of the handicapped" received the maximum sentences after pleading guilty to the sexual attacks on two physically disabled women.
In an emotional hearing, Thomas Drake Wheeler, 57, was sentenced to two 20-year sentences by 241st District Court Judge Diane DeVasto after waiving his right to a jury trial.
Wheeler was indicted by a Smith County grand jury on one of those counts after he forced himself last August on a 20-year- old nursing home resident, bedridden from a childhood auto accident.
But he was later charged with a second offense after another young nursing home resident, who suffers from cerebral palsy and epilepsy, made a similar outcry.
Prosecutors fear there are more.
"He is a predator and a monster," said Smith County Assistant District Attorney Alicia Cashell. "No question about it."
Wheeler, a certified nurse's aide, gained access to the victims during his employment at several nursing homes, prosecutors said.
He first gained the trust of his coworkers, then turned his attention to the victims, "grooming" them for his bizarre sexual fantasies, officials said.
Wheeler was arrested after a nurse walked in Aug. 2, 2001 and found him alone in the room with a 20-year-old woman, who suffered severe mental and physical impairments. Finding evidence of a sexual assault, nursing officials alerted authorities.
"She was completely helpless," Ms. Cashell said. "She does not have the mental capacity to brush her own teeth."
Wheeler was later arrested and indicted for the offense.
A second victim soon emerged, telling authorities Wheeler lured her away from a nursing facility on Valentine's Day 2000. After convincing her to check out, Wheeler took her to his residence and forced her to engage in sexual behavior.
On Wednesday, Wheeler pleaded guilty to both offenses, despite having been indicted for one—a second conviction could have resulted in a life sentence, his attorney said.
As part of his plea, Wheeler also waived his right to appeal.
Other aspects of the plea agreement were discussed publicly.
"We also request that the state not do any further investigation as to whether there are other victims," said Guy Conine, the man's court-appointed defense attorney.
Cashell rebuffed the request, saying that any new complaints received against Wheeler would be investigated with vigor.
The anguished mother of a bedridden victim told Wheeler his actions further traumatized a family already scarred by tragedy.
"I entrusted the nursing home and you with my daughter," the woman said. "(Victim) could not say no. You knew it was a no-no. You have insulted us and all the handicapped people of the world."
The husband of the cerebral palsy victim raped on Valentine's Day trembled with emotion as he addressed his wife's attacker.
"She may, as a Christian, forgive you, but I cannot," he said. "What I would choose if I was judge is a lot worst than what you're getting."
But the most emotional moment of the hearing came when the second victim spoke.
Appealing to Wheeler to look into her eyes, the physically disabled woman sobbed aloud when he continued to stare downward.
"You are a sick freak," she said, grasping her walker. "I'll pray for you everyday, but I'll pray I never see you free."
Even the judge struggled for diplomacy.
"You were a caregiver," Judge DeVasto said. "It is unfathomable that you could violate a trust of this nature. It's just so horrible—prison seems like a slap on the wrist but it's all the law will allow."
Smith County prosecutors found the case so disturbing that efforts are under way to promote legislation protecting the most innocent in society.
"We've got to do something," Ms. Cashell said. "I think we need much stronger safeguards in place for people who work in schools, churches and nursing homes."
