Jury orders $2,500 to man who remains unresponsive in nursing home...

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A Drew County jury ordered $2,500 to be paid in retribution to a man who remains unresponsive in a nursing home and has incurred more than $11,000 of unpaid medical bills since he was injured by Robert Carr, convicted last week of battery in the second degree.

Carr was also required to pay a $7,000 fine. Because he is an habitual offender with at least four previous felonies, Carr will be required to serve out his prior sentences due to parole violations stemming from the battery conviction , but was sentenced to no time by the jury in relation to the most recent conviction.

A witness at the trial testified that she observed Carr punch Eddie Baines in the face during an apparent argument on June 10, 2008, and that Baines immediately fell backwards to the ground. The witness called 911 at the request of Carr when Baines would not move and blood was seen pouring from his ear.

When police arrived at the scene, Carr was seen standing nearby, “smiling a little,” according to Prosecutor Frank Spain and was questioned. Carr told police that he and Baines had argued, Baines swung at Carr, missed and fell, hitting his head on the ground. Later, Carr recanted his story and said he had thrown his hands up to dodge an attempted blow by Baines and accidentally struck Baines in the head. Monticello Police Lt. Greg Johnson reported swelling around the eye/cheek area of the victim.

Baines was transferred from Drew Memorial Hospital to Jefferson Regional Medical Center where he underwent brain surgery in attempts to reduce swelling. He has since remained in a nursing home, where, according to the testimony of one of his nurses, he doesn’t have the ability to talk and is fed through feeding and water machines. She added that he has remained non-responsive and doesn’t appear to have any awareness of his surroundings. “She said that sometimes he moves his hand or his head, or preps his blanket,” Spain said.

The nurse testified that, based on her experience and education, “without a miracle, he will permanently be in that bed,” saying his it’s not likely his condition will ever improve.