Nurse recorded hitting wheelchair-bound boy, police say

AUSTIN - The man who used to care for a wheelchair-bound boy is charged with hitting him after police say the victim’s mother recorded it.

According to an arrest affidavit filed April 18, 2017, police charge Ben States Olivier, 39, with felony injury to a child. The affidavit states the victim, 12, is restricted to a motorized wheelchair, has a trachea tube that allows him to breathe, limited communication skills and a nurse for most of his awake hours.

Police were notified of the incident through a Child Protective Services referral on June 9, 2016. The victim’s mother told police she was suspicious of Olivier due to her son’s reaction and dislike of him, and placed a small recording device in her son’s room.

The affidavit states that around 6:40 p.m. May 13, 2016, Olivier was attempting to remove and clean the victim’s trachea tube, and the victim was trying to stop Olivier from touching him. Olivier alleged pulled his hand away and struck the victim in the cheek and near his eye. Police noted in the affidavit that “the strike to the face could be heard” on the video.

The victim sounded his horn to call his mother to his room and was able to communicate he had been struck. The affidavit states Olivier denied striking the victim to him and his mother. He then left the residence and has not returned since.

Police said officers interviewed Olivier on Aug. 17, 2016, during which he read from a prepared statement and denied striking the victim’s face.

Olivier’s bond has been set at $25,000, with additional restrictions he not contact the alleged victim and his family and stay 200 yards away from them. Olivier is not listed in the Travis County Jail as of Tuesday afternoon.

© 2017 KVUE-TV


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