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Middle Island nursing assistant arraigned on forcible touching charge

A certified nursing assistant at Surge Rehabilitation and Nursing in Middle Island pleaded not guilty after a patient accused him of inappropriately touching her.

Jenna Rae Gaertner

Sep 20, 2026, 5:46 PM

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A certified nursing assistant was arraigned Sunday on charges related to the alleged forcible touching of a disabled patient.

Kevin Lopez-Diaz, 23, was arraigned in First District Court in Central Islip. He pleaded not guilty and was released.

A judge issued a temporary order of protection for the patient.

Lopez-Diaz worked as a certified nursing assistant at Surge Rehabilitation and Nursing in Middle Island.

A 32-year-old woman alleges that Lopez-Diaz inappropriately touched her on Sept. 3 and Sept. 4. The patient reported the allegations to another nursing assistant, who then called 911.

She was taken to a hospital on Sept. 5 for an evaluation.

A spokesperson for Surge Rehabilitation and Nursing said Lopez-Diaz was immediately suspended from all duties after the allegations were reported. The spokesperson said he continued reporting to work while police conducted their investigation.

Lopez-Diaz was arrested Saturday at the facility. The spokesperson said he was subsequently fired.

“Surge has zero tolerance for any conduct that threatens the safety, dignity, health, or well-being of the people entrusted to our care,” the spokesperson said.

Lopez-Diaz is charged with endangering the welfare of an incompetent or physically disabled person and forcible touching. He is scheduled to return to court on Oct. 5.

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