Woman appears in court on attempted murder charge

A Las Vegas woman charged with attempted first-degree murder by suffocation made her initial appearance in court Friday in Lewiston.

Sandra L. McCarty, 54, appeared by Zoom before Magistrate Judge Karin Seubert at the Nez Perce County Courthouse. The maximum penalty is 15 years and/or $50,000.

According to the probable cause affidavit, Lewiston police officers responded at 8:20 a.m. Thursday at the Idaho State Veterans Home at 821 21st Ave. in Lewiston for a battery report. A nurse reported that she walked into the room of 81-year-old Bob Whitlock and allegedly saw McCarty on top of him with her hands over his nose and mouth. He allegedly told the nurse McCarty was “trying to kill him.” Whitlock is McCarty’s father.

The nurse told officers she responded to Whitlock’s room because his call light had been activated. She allegedly told McCarty to get off and she complied. McCarty said she was grabbing his face mask, referring to the CPAP mask, according to the affidavit.

Whitlock later told officers he had removed his CPAP machine to sleep and allegedly woke up to find McCarty on top of him with her hands over his nose and mouth and her knees on his arms. He called for help and a nurse entered the room. He credited the nurse for saving his life, according to the affidavit.

Detectives and nurses also found injuries on Whitlock consistent with being involved in a struggle. The nurse said Whitlock didn’t have dementia or Alzheimer’s disease, according to the affidavit.

When officers arrived, McCarty was not on scene. According to the affidavit, McCarty was asked by the staff at the veterans home to write a statement about what occurred and when she was told law enforcement had been called, she allegedly left the building and drove away in a red Ford Mustang convertible.

Lewiston detective Cody Bloomsburg said police were searching for McCarty and contacted other law enforcement agencies. Police found and contacted her in the Lewiston Orchards and she went with them to the police station.

According to the affidavit, at the police station McCarty told police she allegedly entered the room and thought her father was dying because he was exhaling for a long time and his CPAP machine mask wasn’t on his face properly. She said she panicked and was allegedly trying to get the mask on and he was fighting it.

Detectives found an abrasion on McCarty’s hand and she allegedly consented to detectives swabbing her hands, according to the affidavit. She was then arrested for attempted first-degree murder and taken into custody to the Nez Perce County Jail.

At the hearing Friday, the Nez Perce Prosecutor’s Office requested a $1 million bond, citing the nature of the crime, her out-of-state residence and that McCarty left the scene when police were called.

As deputy prosecutor Emily Moscrip was outlining the prosecution’s argument for bond, McCarty was trying to speak. Seubert told McCarty she would have her chance to present her case through an attorney after the prosecution was done. McCarty was then quiet and looked down during the rest of the prosecution’s statements to the court.

Payton Lawrence acted as McCarty’s defense attorney for the initial appearance and presented to the court McCarty’s ties to the area, including family connections and being a graduate of Clarkston High School, and her lack of a criminal record. He requested a $400,000 bail.

Seubert ordered bail at $500,000 and granted a no-contact order between McCarty and the alleged victim. Seubert also appointed Rick Cuddihy as public defender for McCarty.

There was a brief recess for McCarty to discuss the no-contact order with Lawrence. McCarty also wanted to speak to the court regarding some of the allegations made by the prosecution and Seubert advised her to discuss that with Lawrence.

When court was back in session, Lawrence began speaking regarding the prosecution statements that McCarty “fled” the scene. Seubert said she understood that the defendant and prosecution had a disagreement on how she left the scene and she wasn’t going to consider that in the bond request.

Lawrence also noted that McCarty’s fiance was in the courtroom to show a commitment to following the criminal process.

McCarty’s status conference will be Feb. 13. As of about 3 p.m. Friday, McCarty was still in custody at the Nez Perce County Jail.

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