Man accused of shoplifting, spitting on police arraigned
Robert McCarty speaks with his attorney during his arraignment in Flathead County District Court on July 21, 2022. (Derrick Perkins/Daily Inter Lake)
A homeless man accused of shoplifting bottles of wine, biting a store employee and spitting on police officers pleaded not guilty July 21 to multiple charges in Flathead County District Court.
Robert Eugene McCarty, 35, was brought up on a felony charge of robbery and one misdemeanor count of assault with bodily fluid following his July 13 arrest by Kalispell Police officers. At the time, he allegedly said he hoped the officers would contract a virus from his saliva.
Judge Amy Eddy accepted McCarty’s plea and set his next required court appearance, a pretrial conference, for Oct. 19. McCarty, who wore an orange detention center uniform to his arraignment, remains in county jail on a $75,000 bond.
Prosecutors allege that McCarty walked out of a Kalispell supermarket with two bottles of wine without paying. Confronted by a store employee on his way out, McCarty allegedly punched and bit the man in the arm. He then left, though witnesses pointed responding officers to the local library.
Authorities located and arrested McCarty there, court documents said. While in a patrol car, he allegedly began spitting at officers. Though they attempted to fit him with a hood at department headquarters, McCarty was successful in spitting in one officer’s face, court documents said.
During last week’s appearance, McCarty’s defense attorney, Emily Lamson, raised the possibility of having McCarty released for substance abuse treatment. She told the court he had a bed lined up at an area treatment center. Speaking for the prosecution, Deputy County Attorney Amy Kenison confirmed that the sides were working on an arrangement.
Eddy said would consider any solution the two crafted.
If convicted of felony robbery, McCarty could face between two and 40 years in state prison and a fine of up to $50,000. Misdemeanor assault with a bodily fluid carries a maximum penalty of one year behind bars and a $1,000 fine.
News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.