CARSON CITY MAN CONVICTED of CHILD NEGLECT with SUBSTANTIAL BODILY HARM Carson City, Nevada – September 12, 2013, Justin Carrigan, was convicted by a jury of child neglect with substantial bodily harm. The Jury deliberated for approximately 45 minutes before returning a verdict of guilty. This is the second time a jury convicted Carrigan of this crime. Allegations arose in this case from an incident on September 27, 2010, when Carrigan was the sole caregiver for Rochelle Ellis, a three year old at the time. Law enforcement believed Carrigan stopped Ellis’ breathing and then neglected to seek medical treatment by leaving the scene and deliberately refusing to call 911. Carrigan’s acts caused Ellis to suffer irreversible brain damage from a lack of oxygen after her heart stopped. On September 29, 2011, a jury found Carrigan guilty of child neglect with substantial bodily harm but acquitted him of child abuse with substantial bodily harm. Carrigan appealed his conviction to the Nevada Supreme Court. The Supreme Court reversed his conviction due to an error in the trial court’s jury instruction. Upon retrial, despite the expert opinion of the treating physicians that Ellis’ heart stopped due to child abuse, the court prohibited the State from introducing evidence of abuse. This left the jury to hear only evidence that Carrigan neglected to seek medical treatment for Ellis. “Justice may have been delayed, but it was not denied to Rochelle Ellis. I am very proud of Mr. Krueger’s successful conviction in this case,” stated District Attorney Neil A. Rombardo in a released statement Ellis, who currently lives in a 24 hour care facility, has made some improvements, but the course of her life has been changed forever. “While she may never understand that the person who is responsible for her permanent brain damage was found guilty, her family and friends will always remember the service and justice this jury provided to her. Two juries convicted this man of his neglect in deliberately refusing to call 911 when a toddler was obviously in need of medical attention,” stated lead prosecutor, Assistant District Attorney, Mark J. Krueger. Sentencing is scheduled for October 21, 2013.
Posted on: Fri, 13 Sep 2013 23:35:05 +0000