Man pleads not guilty to abuse

A man accused of physical elder abuse against his uncle pleaded not guilty to three felony charges.

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

If found guilty of all three felony charges, McCarrie could face a maximum sentence of 30 years in prison and a maximum fine of $30,000.

The aggravated assault and battery charge stems from causing serious bodily injury to Arthur "Art" Pacheco; and intentionally, knowingly or recklessly manifesting extreme indifference to the value of human life.

Arthur was in the care of McCarrie because he could no longer care for himself. After Arthur fired his nurse, McCarrie volunteered to take care of him.

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. 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 his 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 spoke to witnesses who saw McCarrie and Arthur interacting; and said McCarrie was in control of Art's oxygen, appearing to use it to get Arthur to do what he wanted. They also told officers that McCarrie wouldn't allow Arthur to eat brand-name items, but McCarrie would. He also would not let Arthur eat what he was eating, like steak. They also said he would often call Arthur names and talk about how he was going to beat him. 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 allegedly 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 Arthur'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 allegedly did not refill those prescriptions.

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

McCarrie was interviewed and said he moved in with Arthur three or four years ago because Arthur needed someone to care for him. He offered to take over the responsibilities. He admitted that is had complete access to Arthur's bank accounts.