McCarty sentenced to 2-10 years for aggravated battery of father

Sandra L. McCarty was sentenced to 2-10 years in prison for attempting to suffocate her father, Robert Whitlock, in a case where the state and defense had differing views on the motivation.

McCarty, 56, of Las Vegas, appeared Thursday before 2nd District Judge Michelle Evans at the Nez Perce County Courthouse. She was charged Feb. 2, 2023, and was indicted by a grand jury in May 2023 with an initial charge of attempted first-degree murder. McCarty pleaded guilty in April to an amended charge of aggravated battery as part of a rule 11 plea agreement. The agreement, which a judge has to follow or the defendant can take back their plea, allowed for attorneys to argue over a prison sentence or probation.

Nez Perce County Chief Deputy Prosecutor April Smith outlined the details of the case that a nurse saw McCarty on top of 81-year-old Whitlock in his bed at the Idaho State Veterans Home, pinning down his arms and holding his mouth and nose closed so he couldn’t breathe. Whitlock later died of causes unrelated to the incident. Smith argued that McCarty was motivated by money, which was later removed from a bank account. As evidence at the sentencing, Smith shared photos of Whitlock’s injuries as well as a text message from McCarty about emptying the account so Whitlock’s wife, Veronica, couldn’t get the money.

McCarty’s public defender Rick Cuddihy told the court that McCarty had no criminal history and had a successful career as a school administrator in Las Vegas until she got between two students fighting and suffered from a traumatic brain injury. Cuddihy argued that based on an evaluation by a doctor certain factors can cause McCarty stress. McCarty said she doesn’t remember the incident with her father, or a motive, and Cuddihy offered the brain injury and stress as the explanation.

Evans told McCarty that it was a difficult case for her to issue a sentence before imposing the prison term of a minimum of 2 years before she is eligible for parole and a maximum of 10 years. She also ordered $245.50 in court costs and a $5,000 civil penalty to Veronica Whitlock.

“I do that with a heavy heart Ms. McCarty, but given the facts of this case I feel that is an appropriate sentence,” Evans said.

Several victim impact statements were given, including from Veronica Whitlock, Robert Whitlock’s stepdaugher Susan Evans, and Susan Evans’ son Nathan Evans.

Veronica Whitlock said they were all shocked and devastated at what happened. She told the court that Robert had scratches on his face and he was sad and upset about what McCarty did.

Susan Evans said McCarty was Robert Whitlock’s “pride and joy” and he loved her more than anything. She hoped McCarty was sorry for what she did.

Susan Evans and Nathan Evans both spoke of how Whitlock’s memory was always sharp. However, Nathan Evans said that after the incident, he had a hard time holding a conversation, sometimes becoming emotional and trailing off.

Smith said Whitlock was emotional when discussing what happened, and he was working on his testimony in the incident, which he never got to give.

“The last event he experienced in his life was his daughter trying to kill him,” Smith said. “He couldn’t understand why his daughter did this.”

Smith noted that when police talked with McCarty shortly after the incident she said she was trying to replace his CPAP machine, but now she doesn’t remember it.

“The facts of this case are egregious,” Smith said, and he described Whitlock’s bleeding and bruised injuries. She also highlighted Whitlock’s 20-year military career in the Air Force with numerous medals and commendations.

She argued that if McCarty can’t control her behavior she should be sentenced to prison.

In his argument, Cuddihy said that the motivation wasn’t money because it was part of a joint account with McCarty and her father used to pay his medical expenses. He eventually learned about McCarty’s traumatic brain injury and post-traumatic stress disorder, which she is seeking help with by going to see a psychologist and a therapist. Cuddihy said McCarty is disabled and won’t work again, and that letters of support describe her as a different person after the injury she sustained.

“I’m not trying to make excuses,” Cuddihy said. “I’m trying to understand why people do things and that makes the most sense.”

He also argued that if McCarty was a danger to the community there would be more incidents of violence, but there isn’t. There are no treatment options for her in prison, either.

“Sending Ms. McCarty to prison at this stage doesn’t do any good, but put her in prison,” Cuddihy said.

McCarty was emotional in her address to the court and said she was sorry for the pain and unhappiness she caused.

“I disappointed the people that care about me and love me,” she said. “I’m sorry from the bottom of my heart.”

Before issuing the sentence, Evans went over the factors in the case that weighed in favor or against a prison sentence. She noted the harm done to Whitlock and the family that was without cause. She said that if the nurse hadn’t interrupted “you would have killed your dad … I have no doubt about that.”

Evans acknowledged McCarty’s lack of criminal history and that she was remorseful in court for her actions. She said the incident was an “aberration of your behavior” in her life. Although Evans sympathized with her injury and trauma, “Does that negate what you did? I don’t believe it does.”

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.