Man sentenced to prison for elder abuse

By STEPHANIE THOMPSON

People Editor

A man who admitted to physically abusing his elderly uncle will serve time in prison.

Kevin Andrew McCarrie, 38, of Green River, appeared in the Third District Court of Judge Nena James at a sentencing hearing to aggravated assault and battery and two counts of abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult.

In exchange for McCarrie’s guilty plea to the aggravated assault and battery charge and abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult charge, the other abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult charge was dismissed. McCarrie was given a 6-to-10-year prison sentence on the other two charges, which will run concurrent. Credit was given for 233 days served.

At the change of plea sentencing in September, McCarrie told the judge he chose to use alcohol and chose to hit his uncle.

“I’m not a good drinker. I get real mean and I should know better than to be drinking,” McCarrie said.

McCarrie also admitted to hurting his uncle’s eye and pushing him to the ground. He said his uncle required someone to help clean, cook and shower him.

“I was living with him and he was taking care of me and I was supposed to be taking care of him. And I think he took better care of me then I did of him you honor,” McCarrie said.

Judge James told McCarrie that things done under the influence of alcohol are still the responsibility of the person doing them.

According to court documents, on March 31, 2015, Green River Police officers responded to a call on a fight between two adults males. Upon arrival, an officer spoke with Michael Pacheco, who had a fight with McCarrie. Michael said the fight was over how badly McCarrie was treating his brother, Arthur “Art” Pacheco. McCarrie is the nephew of Arthur and Michael.

Michael told officers he had been absent from seeing his brother for the past 12 months and could not believe the condition he was in when he saw him. Arthur, who requires oxygen daily, was sitting on the porch without it and had a black eye. Michael told officers he believed McCarrie was not only physically abusing his brother, but taking advantage of him financially. He also told officers Arthur had lost a lot of weight since he saw him last.

An officer at the scene noticed how Art was constantly trying to increase his oxygen levels, but the tank was broken. This officer also noticed the severity of the eye injury and called for emergency personnel to look at him. 

On April 8, Arthur left with his sister for Colorado, but that night he was having difficulty breathing so they took him to the emergency room.

Arthur had gone into respiratory failure. Upon examination, is was determined he had numerous broken bones in various stages of healing. He was flown to another hospital for respiratory failure and multiple traumas.

Those hospitals noted more than 20 rib fractures in various stages of healing, an old sternum fracture, a vertebra transverse fracture, hemorrhage to hie left eye, which caused blindness and a partial collapsed lung.

An emergency room physician, Dr. Scott Phillips, noted it was “probably due to physical abuse.”

Officers saw this note and contacted Dr. Phillips, who explained that the vertebra and rib injuries were caused by an outside force; and the rib fractures happened over a period of time. The trauma to Arthur’s eye was so forceful that it caused the lens to detach, leaving him blind in the left eye. Dr. Phillips told the officers he believed Arthur was “hanging on by a thread,” when he was admitted.

Officers obtained Art’s financial information and discovered purchases for an Xbox, Xbox Live service, PayPal, and many fast food and restaurant meals and liquor. McCarrie purchased these things without Arthur’s knowledge. When asked about the purchases Arthur didn’t even know what an Xbox or PayPal were, nor does he own a computer.

As for Arthurs’s medications, doctors had prescribed several different medications, including four liters of continuous oxygen. These prescriptions had not been refilled; and the doctors had not cancelled them. McCarrie did not refill those prescriptions.

Officers spoke to Arthur again and he told them he ribs were probably broken when McCarrie threw him to the ground while they were in the front yard. He said McCarrie punched him in the eye; and that McCarrie often gets violent when he drinks. Art told officers McCarrie started hitting him after he lived with him for six months.

 

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