The State of Wyoming v. Jarrett Gage Vargas

Casper, Wyoming aggravated child abuse criminal defense lawyer represented the Defendant.

[¶3] On October 15, 2021, Mr. Vargas was caring for his three-month-old foster child, RW, at his home in Casper, Wyoming, when RW began seizing. Mr. Vargas called 911, and an ambulance arrived and took RW to the local emergency room. Dr. Eugene Duquette examined RW and ordered a CT scan. The scan revealed an acute bilateral subdural hematoma (fresh blood around the brain) and a chronic bilateral subdural hematoma (older blood around the brain). RW was life-flighted to the children's hospital in Colorado, where he underwent surgery to remove the blood from his brain. Later MRI testing revealed a contusion (bruise) on the right temporal lobe of RW's brain, and an eye exam showed retinal hemorrhages in all four quadrants of RW's eyes.



[¶4] Mr. Vargas was interviewed by a detective with the Casper Police Department. During the interview, Mr. Vargas explained RW was in a baby swing in the living room when RW began "screaming bloody murder." Mr. Vargas took RW out of the swing and walked him into the bedroom to change his diaper. While changing his diaper, RW began seizing. Mr. Vargas admitted he was "frustrated" and had "wanted out [of fostering children for] a long time." He also admitted he "picked [RW] up [harder] than [he] should have" and bounced RW "aggressively."



[¶5] The State charged Mr. Vargas with aggravated child abuse under Wyo. Stat. Ann. § 6-2-503(b)(i), (c).[1] The primary issue at trial was the cause of RW's injuries. To establish that Mr. Vargas caused RW's injuries, the State called Dr. Duquette and Dr. Coral Steffey, the child abuse pediatrician who evaluated RW at the children's hospital in Colorado, as witnesses. Dr. Duquette testified that head injuries, like those suffered by RW, are most commonly caused by nonaccidental trauma. Dr. Steffey told the jury that RW's injuries resulted from "child physical abuse, specifically abusive head trauma" which had occurred within a few hours of RW's arrival at the Casper emergency room. She also testified RW's injuries were caused by "[s]omething violent" and would not have been caused by normal caregiver activities like patting or gently bouncing RW. Mr. Vargas countered the testimony of these witnesses with the opinions of his medical expert, Dr. Joseph Scheller, who told the jury RW's acute subdural hematoma and retinal hemorrhages were caused by a preexisting condition called external hydrocephalus, excess fluid between the brain and the skull. According to Dr. Scheller, a child with external hydrocephalus may suffer a subdural hematoma even through benign activity, such as bouncing the child on one's knee. He also testified RW did not have a chronic subdural hematoma or a brain contusion. In rebuttal, Dr. Steffey stated external hydrocephalus could not have caused RW's injuries because RW did not have extra fluid in or around his brain; he experienced symptoms that he would not have suffered if he had hydrocephalus; and hydrocephalus does not cause retinal hemorrhages or explain the brain contusion.



[¶6] The jury found Mr. Vargas guilty, and the district court sentenced him to 10-15 years in prison. Mr. Vargas timely filed a direct appeal (Appeal No. S-23-0127). While that appeal was pending, he filed a motion for a new trial under W.R.A.P. 21, claiming his trial counsel was ineffective. The court denied the motion, and Mr. Vargas timely appealed that denial (Appeal No. S-24-0018). We consolidated the appeals. Mr. Vargas does not raise any arguments concerning the district court's denial of his Rule 21 motion. His argument is limited to challenging the court's failure to provide his theory of defense jury instruction.

Affirmed.



Vargas v. State, 2024 WY 95, S-23-0127, S-24-0018 (Wyo. Aug 30, 2024)