Casper Man’s Appeal Rejected In Aggravated Child Abuse Case

The Wyoming Supreme Court has denied a Casper man's appeal to an aggravated chid abuse conviction.

On October 15, 2021, Jarrett Gage Vargas was caring for his three-month-old foster child at his home in Casper. Sometime on that day police were called to investigate after the baby was taken to the Wyoming Medical Center with severe brain injuries.

The child was life flighted to the children's hospital in Colorado where he underwent surgery to remove blood from his brain. A later MRI revealed bruising on the right temporal lobe of his brain, and an eye exam showed retinal hemorrhages in all four quadrants of his eyes.

Vargas told police the baby had been in a swing in the living room when he began "screaming bloody murder." Vargas says he took the baby out of the swing and walked him into the bedroom to change his diaper. He admitted he was "frustrated" and "wanted out [of fostering for] a long a time." He also admitted he picked the child up harder than he should have and bounced him aggressively.

During the trial the prosecution called on two doctors who evaluated the child's head injuries and concluded that they were likely caused by nonaccidental trauma.

One doctor told the jury that the child's injuries resulted from physical abuse which had occured within a few hours of the child's arrival at the E.R.

She also testified that the child's injuries were caused by “[s]omething violent” and would not have been caused by normal caregiver activities like patting or gently bouncing.

The jury found Vargas guilty, and the district court sentenced him to 10-15 years in prison.

Vargas filed an appeal, claiming the issue at trial was not whether the child suffered a brain injury, but whether the injury was caused by accident or not. He argues that the child suffered from a pre-existing condition. Even so, after a review, the Supreme Court concludes that District Court made no mistake in their judgement and sentencing.