Two staff members at a nursing home in Texas have been indicted for allegedly letting an elderly woman freeze to death during a winter storm. 

Cynthia ‘Cindy’ Pierce, 73, died of hypothermia after being rushed to the hospital in Austin on February 17, 2021, with her body temperature reading 94.2 degrees, according to court documents viewed by Daily Mail. 

Care staff at Renaissance Austin Assisted Living Facility allegedly left her window open after changing her out of soiled clothing and bedding the morning Winter Storm Uri hit the city. 

When they left the room, the window remained open and staff did not check on Pierce until the afternoon, the documents say.

The facility lost power during the storm, and the Pierce family accused the nursing home of not taking appropriate measures to ensure the older woman was taken care of and failed to restore power to the building. 

On Thursday, Harvest Renaissance and its executive director, Mendi Ramsay, and wellness director, Rochelle Alvarado, were indicted by the Travis County District Attorney’s Office for failing to ‘promptly move and transport an elderly and disabled resident.’ 

The DA’s office said the facility had a warmer area available to move Pierce to, but failed to do so. 

The facility also allegedly failed to notify Texas Health and Human Services Commission of the power outage, the indictment said. 

The family told KXAN in 2021 that they thought the care home had backup generators. If they had known otherwise, would have come to pick up Pierce during the storm, which took 250 lives. 

Pierce’s family also claimed at the time they were never given any notification that there was a problem at the facility. 

They only knew something was wrong with Pierce when her daughter, Holly Ferguson, got a call from the hospital asking about a do-not-resuscitate order, according to KXAN. 

Sam Bassett, the lawyer representing the two employees, said the women plan on pleading not guilty. 

‘It was through no fault of their own, and certainly no crime was committed,’ he told KXAN. 

Bassett said the women and the rest of the staff went to ‘extraordinary measures’ to ‘ensure resident safety during this event.’ 

Joshua Saegert, who represents Harvest, said the company was aware of the lawsuit and that their ‘thoughts are with the family and loved ones of the resident.’ 

Ferguson said the facility ‘misrepresented themselves as a licensed care facility, able to provide care rooted in dignity, safety, and compassion.’ 

‘Their misrepresentation and their gross negligence led directly to my Mom’s death.

‘My Mom was left alone and freezing, and it shouldn’t have happened.’  

The care facility is now under different ownership. 

The family remembers Pierce as a ‘quirky’ person whose joy was ‘infectious.’ 

‘Just utterly joyful,’ Ferguson told KXAN.