Hamilton police announced Tuesday afternoon that they are now investigating the death of James Acker as a homicide.

Acker, an elderly Alzheimer's patient, died earlier this month as a result of a severe beating he endured at the hands of another resident at a Dundas nursing home in January.

Acker, 86, abruptly awoke in January to an attack by a second male patient — who is 83 and also has Alzheimer's — at St. Joseph's Villa.

In a news release, police said that Acker was originally taken to hospital with what was classified at the time as non-life threatening injuries.

"On April 16th 2017 Mr. Acker died and an autopsy revealed his death was connected to the assault," the news release reads.

Acker's family says they do not blame the resident who attacked Acker for what happened. Police say he remains in a secure psychiatric facility.

"Honestly, my heart goes out to that family, because it could have just as easily been my dad doing that," said Acker's daughter, Tammy Carbino, though she noted her father had never been violent.

"[His attacker] was there with an illness. His family put him there to try to help him."

Acker's family has petitioned at Queens Park for greater accountability for what happened to him. Seen here is NDP long term care critic Teresa Armstrong, Acker's daughter Tammy Carbino, and Wanda Morris, the vice president of advocacy for CARP. (Tammy Carbino/Facebook)

Acker's family has long maintained the nursing home did not protect him from harm.

A staff member watched the other man wander into Acker's room and attack him. The staff member tried to stop the assault, but wasn't able to until police arrived.

"I do believe that the home should be held accountable," Carbino said.

In a statement sent last week, St. Joseph's Villa President Derrick Bernardo said St. Joseph's Villa is "very sorry for the suffering this family has endured."

"Our hearts go out to them at this difficult time," he said in a statement.

"We are fully cooperating with police in their investigation and continue our own review to look at every possible solution to provide the safest environment possible for residents and staff."

James Acker is seen here with his widow, Diane. (Diane Acker)

An investigation from the Ministry of Health and Long Term Care has found that the nursing home failed to protect its residents in connection with the incident.

According to the Ministry's report, the nursing home didn't act on problematic behaviour shown by Acker's attacker in the weeks leading up to the beating.

St. Joseph's Villa was slapped with nine long-term care act violations and was also issued three orders to be complied with by the end of next month.

They include a plan to protect residents from abuse, to follow a "code white" protocol and to respond right away to any incidents of violence and to better educate staff.

adam.carter@cbc.ca