A 6th Circuit Court jury Saturday acquitted Blaine Mackay and his wife, Mary Ann Mackay, of charges of negligent homicide and misdemeanor child abuse involving Erick Aragon, 6, and his brother James, 4, after a weeklong trial.
The Mackays, of Fairview, were accused of causing the death of Erick, who died from abdominal injuries and complications, and also of beating both boys from July 15-17.Erick, James and a younger brother, Jesse, were in the foster care of the Mackays at their Fairview home at the time of the incident. The three children had been placed in the Mackay home Oct. 15. 1988, by the Division of Family Services.
According to the medical report, both Erick and James had bruises. Jesse was not injured.
Blaine Mackay testified during the trial that he had accidentally fallen over Erick and kneed him in the stomach while playing soccer with Erick. Erick gave no evidence of being injured at that time.
They attributed the ensuing coughing to a cold until Erick began vomiting. Blaine Mackay then called an ambulance. Erick appeared to be dead when he was picked up.
The Mackays testified that the bruises were not the result of beatings but were skin infections. "We never so much as slapped them," Mary Ann said. "No one could have been more devoted. We had hoped to someday adopt the boys."