Man accused of biting another man’s thumb off finally set for trial
A former Hot Springs Village man who allegedly beat another Village resident in the face with a rock and then bit off his thumb in the summer of 2017 is set for a bench trial later this month after a hearing on Tuesday.
Samuel Tobin McKaig, 58, who has remained in custody on a zero bond since his last arrest on Jan. 25, 2020, for failure to appear, is now set for a bench trial on Jan. 28 before Judge Marcia Hearnsberger on a felony charge of first-degree battery, punishable by up to 20 years in prison.
McKaig was originally arrested on the battery charge on May 7, 2017, and released on a $7,500 bond 20 days later. He pleaded not guilty on Sept. 12, 2017, and listed a Texas address at the time. On Nov. 13, 2017, prosecutors filed a motion for a mental evaluation to determine if McKaig was fit to proceed with trial.
The next day, McKaig filed a motion on his own behalf to dismiss the charge arguing he acted in self-defense, because the man he allegedly attacked was trying to kill him, but the motion was denied. On Feb. 13, 2018, McKaig was found fit to proceed and the case was set for trial but continued multiple times.
On Sept. 11, 2018, Mark Fraiser, who had been appointed as McKaig’s attorney, filed a motion to withdraw noting McKaig said he didn’t want his services and was not returning any of his phone calls. Fraiser’s request was granted and the case was set to go to trial on Nov. 26, 2018, with McKaig representing himself, but he failed to appear in court that day.
A warrant was issued for his arrest and he was taken into custody on Jan. 25, 2020, and was reportedly homeless at the time of his arrest. The case was again set for trial but continued several times for COVID-19 concerns until it was finally set for a jury trial on Jan. 13, but on Tuesday McKaig waived his right to a jury trial and is now set for a bench trial.
According to the affidavit, on May 7, 2017, around noon, Hot Springs Village police responded to the area of Hartura
Way regarding a disturbance and upon arrival found a male victim on the ground covered in blood. Moments later, a vehicle driven by McKaig pulled up, and a handgun was found on the passenger seat, prompting officers to take McKaig into custody.
The victim was transported to CHI St. Vincent Hot Springs for treatment of multiple injuries, including a severed thumb, bite marks and severe lacerations to the face and head. The affidavit notes he was being taken into surgery where doctors “hoped to save his thumb.”
McKaig told police the victim had attacked him with a club and then pulled a gun on him. He said multiple shots were fired, and he was hit in the right hand by a bullet. Officers noted McKaig had a small laceration on his right hand, but no gunshot wound.
Officers responded to CHI and spoke to the victim’s wife, who stated she and her husband were walking down Hartura Way when a passing vehicle swerved and almost hit them, forcing them to jump into a nearby ditch.
She said her husband yelled at the motorist to “stay in your own lane” and the motorist, whom the couple reportedly recognized as McKaig, backed his vehicle up and asked the victim what he had said. The victim’s wife said her husband repeated his request for McKaig to stay in his lane and suddenly McKaig exited his vehicle, knocked the victim to the ground and began beating on him as she ran to get help.
Officers spoke to the victim at the hospital and he stated he did try to get his gun to protect himself, but McKaig took it away from him. Then he said McKaig bit his thumb off, severing it in half. He also said McKaig grabbed a nearby rock at one point and struck him repeatedly in the head and face.
A resident in the area reportedly captured the attack on video, which the affidavit notes shows McKaig’s vehicle swerving into the lane where the victim and his wife were walking. Then McKaig is seen backing up and getting out and approaching the victim as the victim “tries to retreat.”
McKaig is seen taking the victim to the ground and beating him as the victim’s wife runs away. McKaig then left the scene shortly before police arrived.