CORTLANDT MANOR, NY - A housekeeping employee at Yorktown Rehabilitation and Nursing Center has been arrested and charged with raping an incapacitated resident, marking the fourth known sexual assault incident tied to facilities operated by Personal Healthcare LLC, the for-profit chain that owns the 200-bed nursing home.
Javier Barragan, 48, of Shrub Oak, surrendered to Yorktown Police on Saturday, February 21, 2026, after investigators determined he allegedly engaged in sexual intercourse with a female resident who police described as "incapacitated and lacking the ability to consent," according to the Daily Voice, which first reported the arrest on February 25. He faces charges of second-degree rape, a Class D felony carrying up to seven years in prison, and second-degree endangering the welfare of an incompetent person, a Class A misdemeanor.
Barragan was unable to post $100,000 cash bail and was remanded to the Westchester County Jail, where he remains in custody as of this report.
What Police Say Happened
Yorktown Police were dispatched to the facility at 2300 Catherine Street at approximately 7:08 a.m. on Saturday, February 21, after staff reported a sexual assault. Following what police characterized as a "comprehensive investigation," Barragan turned himself in at the Yorktown Police Department headquarters later that day, as reported by Patch reporter Jeff Edwards on February 25.
He was arraigned at Yorktown Justice Court, where a temporary order of protection was issued for the victim. Bail was set at $100,000 cash. His next court appearance is scheduled for March 10, 2026, at 5:30 p.m. at Yorktown Justice Court. No attorney of record has been publicly identified.
Under New York law, second-degree rape - defined as sexual intercourse with a person who is incapable of consent by reason of being mentally disabled or mentally incapacitated - is a Class D violent felony punishable by up to seven years in a maximum-security state prison. The Westchester County District Attorney's Office has not issued a public statement regarding the case.
The Facility's Response
Stacy Wilson, the facility's Human Resources Director, told the Journal News (Jonathan Bandler, Rockland/Westchester Journal News, Feb. 24, 2026) that Barragan worked in housekeeping and was "immediately removed from the facility and reported to authorities once staff alerted the administration."
"We are deeply concerned by these allegations and are treating the matter with the utmost seriousness," Wilson said in an emailed statement. "The safety, dignity, and well-being of our residents are our highest priorities. We have also initiated an internal review of our policies, supervision practices and training procedures to ensure they meet and exceed regulatory standards."
When contacted separately by Halston Media reporter Miranda Ferrante, the HR department declined to comment further, stating it was "not interested" in providing additional information - a notable shift in tone from the prepared statement issued to the Journal News.
The story was also covered by Mid Hudson News and News 12.
Inside Yorktown Rehabilitation and Nursing Center
Yorktown Rehabilitation and Nursing Center is a 200-bed for-profit skilled nursing facility located on a wooded campus in Cortlandt Manor, Westchester County. It provides short-term rehabilitation, long-term skilled nursing care, and operates a memory care unit. CMS rates the facility at 4 stars overall, with a 3-star health inspection rating, 4-star staffing rating, and 5-star quality measure score.
The facility was not always a corporate-owned, for-profit operation. For more than 130 years, it operated as Field Home–Holy Comforter, a nonprofit institution with a long tradition of serving the elderly in the Hudson Valley. That changed in April 2018, when the nonprofit Fieldhome organization sold the campus to Personal Healthcare LLC for approximately $28 million, as reported by Westfair Online. Under new ownership, the bed count was expanded from 127 to 200.
Federal inspection records reveal a pattern of deficiencies directly relevant to the current case. The facility has been cited for F0689 - failure to ensure an environment free from accident hazards and to provide adequate supervision - a deficiency documented as recently as August 2025, just six months before Barragan allegedly raped a resident. The same supervision deficiency has been cited in previous inspection cycles, indicating a recurring failure the facility has not corrected.
The facility was designated a Special Focus Facility (SFF) candidate by CMS on October 25, 2023, a designation reserved for nursing homes with persistent quality problems. Only approximately 400 facilities nationally receive this designation at any given time, placing Yorktown among the worst-performing homes in New York State at the time.
Employee reviews on Indeed and Glassdoor describe chronic understaffing, mandatory 16-hour shifts, and management indifference to frontline concerns. Family reviews on Caring.com report residents left unattended, call bells going unanswered, and staffing ratios as thin as one nurse and two aides for more than 20 residents. The facility holds an average family rating of 3.0 out of 5.0.
A separate 2020 federal lawsuit by former employee Deric Holloway alleged the facility directed staff not to wear donated N95 masks during COVID-19 - an administrator allegedly said they would cause "mass hysteria" - then fired him two days after he tested positive. The suit named the facility, Zagelbaum, and Personal Healthcare LLC, as reported by Westfair Online.
Personal Healthcare LLC: A Corporate Owner With a Pattern of Sexual Assaults
The arrest of Javier Barragan is not an isolated incident. NursingHomeNews.org has identified at least three prior sexual assault incidents at other facilities owned and operated by Personal Healthcare LLC, the Tarrytown, New York-based chain that controls Yorktown Rehabilitation and Nursing Center.
Personal Healthcare LLC is controlled by founder and CEO Ephraim Zagelbaum, who holds a 50% ownership stake. Additional owners include Alexander Barth (28%), Yehudah "Jay" Walden (12%), and Yechiel Zagelbaum (10%). The company operates more than a dozen nursing homes across New York and Massachusetts, with over 1,300 beds under management.
The pattern is documented and disturbing:
April 2018 - Houghton Rehabilitation and Nursing Center: A Housekeeper in a Resident's Bed
At Houghton Rehabilitation and Nursing Center in Allegany County, a male housekeeper - the exact same job title as Barragan at Yorktown - was witnessed by an activities aide lying on top of the covers of a female resident's bed and asking her for a kiss. When interviewed, the housekeeper denied it. The facility terminated him as part of its correction plan. Federal inspectors cited the incident as a violation of Section 483.12, the federal regulation guaranteeing residents' right to be free from abuse, as documented by the Gallivan Law Firm's review of CMS records.
The parallel to the Yorktown case is striking: a male housekeeping employee, with no clinical role and no medical reason to be in a resident's room, engaging in predatory behavior toward a vulnerable female resident.
May 29, 2019 - Gowanda Rehabilitation and Nursing Center: Rape and a Cover-Up
The most egregious incident in Personal Healthcare's record occurred at Gowanda Rehabilitation and Nursing Center in Cattaraugus County, as investigated by the Buffalo News.
At 4:30 a.m., a certified nursing assistant heard an 88-year-old female resident calling out "No, no" from her room. When the CNA entered, she found a 73-year-old male resident on top of the woman in her bed - his pants around his ankles, the woman's nightgown pulled over her head, and her underwear partially removed. Facility surveillance video later confirmed the male resident had been in the woman's room for 37 minutes before anyone checked. Both residents had dementia. The female victim was bedridden and required a mechanical lift to move - she could not have resisted or fled.
What followed was a cover-up. A staff member checked on the woman and reported finding no evidence of assault. Another staffer then cleaned the woman and changed her underwear - destroying critical physical evidence. It was not until nearly 10:00 a.m. - more than five hours later - that a physician assistant finally examined the victim, confirmed she had been sexually assaulted, and ordered her transported to a hospital. The facility failed to notify police or the New York State Department of Health within the legally required two-hour window.
The state fined Gowanda $10,000, as reported by the Buffalo News and WKBW-TV. The victim's daughter filed a civil lawsuit naming the facility, Personal Healthcare LLC, Ephraim B. Zagelbaum, and Alexander Barth as defendants. They denied responsibility.
April 27, 2024 - Houghton Again: A Known Aggressor Left Unchecked
Houghton Rehabilitation and Nursing Center appeared in the record again in 2024. Staff witnessed two residents engaged in sexual contact. Neither resident could describe what had happened, and investigators determined neither had the capacity to consent.
The critical detail: one of the residents had displayed sexual aggression for the prior six months, including inappropriate behaviors toward staff. The facility knew this resident posed a risk and failed to act. Federal and state regulators responded with significant penalties: a $10,000 state fine and a $65,052 federal fine from CMS, totaling $75,052, as reported by the Buffalo News.
Houghton currently holds a 1-star overall CMS rating - the lowest possible - with a 1-star health inspection score. Its most recent federal inspection in May 2025 cited the facility for insufficient nursing staffing.
Four Incidents. Three Facilities. Eight Years. One Owner.
The timeline speaks for itself:
| Year | Facility | Incident | Fines | Lawsuit |
|---|---|---|---|---|
| 2018 | Houghton | Male housekeeper found in female resident's bed, asking for a kiss | None listed | No |
| 2019 | Gowanda | Resident-on-resident rape of 88-year-old; 5+ hour cover-up; evidence destroyed | $10,000 state | Yes - named Zagelbaum |
| 2024 | Houghton | Resident-on-resident sexual contact; known aggressor ignored for 6 months | $75,052 combined | Unknown |
| 2026 | Yorktown | Employee charged with raping incapacitated resident | Pending | Likely pending |
Personal Healthcare's Broader Record
The sexual assault pattern exists within a broader context of regulatory problems across Personal Healthcare's portfolio. A review of CMS data and NursingHomeNews.org inspection records for six of the company's New York facilities reveals a concerning picture:
| Facility | CMS Rating | Health Rating | Beds | Notable Issues |
|---|---|---|---|---|
| Houghton Rehab | 1 star | 1 star | 100 | $75K+ in fines; two sexual assault incidents; staffing deficiencies |
| Gowanda Rehab | 2 stars | 2 stars | 160 | $10K fine; sexual assault cover-up; evidence destruction |
| Yorktown Rehab | 4 stars | 3 stars | 200 | SFF candidate; recurring supervision failures; employee rape charge |
| Salamanca Rehab | 4 stars | 3 stars | 120 | 55 complaints; 29 citations |
| Dunkirk Rehab | 5 stars | 5 stars | 40 | 16 complaints; 35 citations; $30K in fines |
| Eden Rehab | 5 stars | 5 stars | 40 | 11 complaints; 39 citations |
A 2016 investigation by the Boston Globe found a "pattern of profit and subpar care" at Personal Healthcare's three Massachusetts facilities. The Globe reported that staffing at all three homes fell below state norms and that the company was funneling more than $200,000 from the facilities to corporate headquarters in New York. One of the Massachusetts homes, Medford Rehabilitation, was placed on the federal Special Focus Facility list in 2014 for persistent serious violations.
The New York State Public Health and Health Planning Council denied Personal Healthcare executives from acquiring two additional nursing homes, with council members explicitly questioning the financial viability and character of the proposed operators. When a state regulatory body refuses to let a company buy more nursing homes because of concerns about who is running them, that is a finding that demands scrutiny.
Why Nursing Home Residents Are Uniquely Vulnerable
The alleged rape at Yorktown is not just a crime story. It exposes a structural reality that most families never consider when they entrust a loved one to a nursing facility: nursing home residents are among the most vulnerable people in America to sexual predation, and the systems designed to protect them are failing.
Consider the victim in this case. Police described her as "incapacitated and lacking the ability to consent." She likely cannot speak for herself, cannot physically resist an attacker, may not be able to identify her assailant afterward, and may not even fully comprehend what was done to her. She is dependent on the facility - on its staff, its supervision systems, its locked doors and security cameras - for every aspect of her safety. When those systems fail, there is no backup. There is no 911 call she can make. There is no door she can lock.
This vulnerability is compounded by the structure of nursing home staffing. Housekeeping employees like Barragan have unrestricted access to residents' rooms at all hours, yet they receive less clinical oversight than nursing staff. They are often alone with residents during early morning shifts - like the 7:00 a.m. hour when this alleged assault occurred - when supervision is thinnest. And in facilities where chronic understaffing is the norm, as employee reviews consistently describe at Yorktown, there are simply fewer eyes watching.
Background checks, while legally required for all nursing home employees in New York, are only as effective as the databases they query. A first-time offender with no prior record will pass every background check. The real safeguard is not screening alone - it is active supervision, adequate staffing, functioning surveillance systems, and a culture that takes resident safety seriously. When a facility is cited repeatedly for inadequate supervision, as Yorktown was under deficiency tag F0689 just six months before this alleged assault, that safeguard is compromised.
The Gowanda case illustrates what happens when institutional culture fails. Staff interrupted an active sexual assault, then waited five hours to call for medical help and destroyed evidence in the interim. That is not one bad employee - that is a systemic failure. And it happened at a facility owned by the same company that owns Yorktown.
Families trust nursing homes to protect the people they love most. That trust carries a weight that no corporate mission statement or emailed PR response can match. When it is broken, accountability must follow - not just for the individual who committed the act, but for the institution that created the conditions that made it possible.
What Happens Next
Barragan's next court appearance is March 10, 2026, at 5:30 p.m. at Yorktown Justice Court. Because second-degree rape is a felony, the case will likely be presented to a Westchester County grand jury for potential indictment and transfer to County Court for trial.
Civil litigation by the victim's family is widely expected, following the precedent set by the Gowanda case in which the victim's daughter sued Personal Healthcare LLC and Ephraim Zagelbaum personally.
The New York State Department of Health may conduct its own investigation of the facility, which could result in additional deficiency citations, fines, or enforcement actions.
NursingHomeNews.org will continue to monitor this case and report on developments as they occur.
Inspection Reports for Personal Healthcare LLC Facilities
NursingHomeNews.org maintains comprehensive federal inspection records for all nursing homes mentioned in this report. View the full inspection histories, deficiency citations, and complaint records for each facility:
- Yorktown Rehabilitation and Nursing Center - Cortlandt Manor, NY (CMS #335078)
- Gowanda Rehabilitation and Nursing Center - Gowanda, NY (CMS #335642)
- Houghton Rehabilitation and Nursing Center - Houghton, NY (CMS #335641)
- Dunkirk Rehabilitation and Nursing Center - Dunkirk, NY (CMS #335595)
- Salamanca Rehabilitation and Nursing Center - Salamanca, NY (CMS #335534)
- Eden Rehabilitation Nursing Center - Eden, NY (CMS #335607)
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