AFFIDAVIT: Nurse accused of striking 12-year-old in his care, police say

Austin police this week have arrested a nurse accused of striking a 12-year-old with disabilities while he cared for him in 2016.

According to an arrest affidavit filed on Tuesday, 39-year-old Ben States Olivier has been charged with injury to a child, a third-degree felony.

The affidavit said the boy uses a motorized wheelchair and requires a nurse to look after him for most of his waking hours.

“The victim also has a trachea tube which allows him to breathe,” the affidavit said. “The victim has very limited communication skills and can text basic messages on his cell phone or computer.”

The child’s mother told police she was already suspicious of Olivier because the boy seemed to dislike him, so she set up a camera to record their interactions.

On May 13, Olivier was trying to remove the child’s trachea tube for cleaning when the boy began moving around in his chair to avoid him, the affidavit said.

“The victim attempted to stop Olivier from touching him by grabbing (Olivier’s) hand,” the document said. “Olivier pulled his hand away from the victim and struck the victim’s upper left cheek near his eye with his right hand.”

The report said the boy began to cry and sounded the horn on his wheelchair to get his mother’s attention.

According to the affidavit, Olivier left the residence and never came back.

In an interview with police about three months later, Olivier read from a prepared statement and denied striking the child, according to the report.

Olivier was booked into the Travis County Jail at 3 p.m. on Tuesday. If convicted, he faces two to 10 years in prison and a fine of up to $10,000.

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