The trial of former Powell High School teaching assistant Brandy Wetherbee, who is charged with abuse of a vulnerable adult, will be moving foward following a preliminary hearing on Aug. 22.

Wetherbee was terminated from the position in April following allegations from a fellow employee that Wetherbee had hit a special needs student while transporting her from Cody to Powell in October. The alleged offense was reported in January and investigated by Park County Sheriff’s Deputy Allen Cooper who serves as the office’s investigator. Circuit Court Judge Joey Darrah found probable cause to proceed, although he noted the standard for probable cause in these cases is low.

Wetherbee was represented by Cody attorney Brigita Krisjansons. Deputy Park County Attorney Jack Hatfield served as prosecuting attorney. 

During the hearing, Hatfield submitted the investigator’s affidavit as evidence. Cooper was not available to appear for the hearing, but deputy Tom Toohey testified to the information presented in the affidavit. 

Toohey was cross examined by Krisjansons. Her line of questioning included whether or not Toohey had seen the initial report to the school, completed immediately following the incident by Wetherbee, or the report from the facility from which the vulnerable adult had been picked up by Wetherbee and her coworker. Krisjansons also questioned if the incident that had occurred in a marked school district vehicle alongside U.S. Highway 14A during the day, had been reported by other parties. No other parties had reported the incident to Toohey’s knowledge.

 All accounts indicate that the vulnerable adult was picked up from Northern Inc. in Cody following an unspecified incident. Krisjansons alluded to the vulnerable adult possibly becoming physical at Northern Inc. 

Toohey was only familiar with the affidavit and later mentioned that he had briefly reviewed it prior to the preliminary hearing.

Krisjansons also asked about the length of time that transpired between the alleged offense and when it was reported. Toohey acknowledged it was “some time,” and after reviewing the affidavit said that there was a four-month gap between the alleged incident and its reporting. Krisjansons raised concerns that the gap may have led to inaccurate reporting of the event.

According to Krisjansons, Wetherbee was awarded the highest possible score in her last evaluation with the school district and has served 17 years without incident as a health care provider.

Abuse of a vulnerable adult is a felony charge that can result in up to 10 years in prison or a $10,000 fine if convicted.