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Stories Added - March 2010
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McCarty to move from TYC to prison for shooting sister

Polk County Enterprise

LIVINGSTON — County Court at Law Judge Stephen Phillips ordered 20-year-old Patrick McCarty be sent to prison to serve the remaining 18 years of a 24-year sentence handed down by a Polk County jury for the shooting death of McCarty’s 13-year-old sister Frankee. McCarty has been at a Texas Youth Commission detention facility since May 2006. He was 15 on Jan. 1, 2005 when he took a 9 mm handgun from his parents’ bedroom at the family’s Leggett residence. McCarty, his 13-year-old sister and two other children were sitting in a minivan in the front yard of the McCarty’s home. “Patrick McCarty pointed the gun at each of the children at least once and dry-fi red the weapon,” said Assistant District Attorney Kaycee Jones. “McCarty then loaded the weapon and pulled the trigger again. The bullet his Frankee McCarty in the face.” Then, instead of going for help, Patrick walked one of the children back to his residence and then returned to the scene. He moved his sister’s body to another vehicle and placed the gun in her hand, attempting to stage a suicide scene, according to Jones. Next, prosecutors say Patrick went inside his home and changed clothes. Then he woke his mother and told her that his sister had committed suicide. Detectives with the Polk County Sheriff’s Offi ce and troopers with the Texas Department of Public Safety found evidence at the scene was inconsistent with Patrick McCarty’s story. Eventually, the teenager confessed he had shot his sister. In May 2006, a Polk County jury found him guilty of murder and injury to a child. That same jury sentenced him to 24 years for murder and 20 years for injury to a child, according to Jones. “As McCarty was tried as a juvenile, he was sentenced to serve his sentence in the Texas outh Commission until he reached the age of 21,” Jones said. While at the Texas Youth Commission, McCarty continued to refuse to participate in treatment services provided to him and admit he was responsible for his sister’s death or any other action he took that night trying to cover up her murder,” Jones said. “Because of this refusal, the Texas Youth Commission and the Polk County Criminal District Attorney’s Office asked the Court to order that McCarty be transferred to the Texas Department of Criminal Justice to serve the remainder of his sentence in an adult prison. Criminal District Attorney Lee Hon and Assistant Criminal District Attorney Kaycee Jones presented witnesses at the transfer hearing including a psychologist from the Texas Youth Commission who testified McCarty would be a continuing danger to society if he was released on parole. After listening to the testimony during the two-day hearing Judge Phillips ordered McCarty to be transferred to the adult prison system to serve the remainder of his sentence. “Personally this was one of the most tragic and heart-wrenching cases I’ve ever prosecuted,” Hon said. “The evidence in the case overwhelmingly led to one conclusion: that Patrick McCarty had deliberately shot and killed his sister. “In assessing the 24-year determinate juvenile sentence, the jury obviously hoped that Patrick McCarty would go into the Texas Youth Commission system, accept responsibility for his actions, and begin the process of changing his life and behavior. Clearly, he did not do that and left the judge with little choice other than to transfer him to the adult prison system,” Hon said. “While this is still a very sad situation for all concerned, we feel that Judge Phillips made the right decision in regard to the protection of the people of our community.”


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