Carey Prosperie’s Appeal Denied

TYLER — A former Tyler pharmacist has had his request for a new trail rejected by Tyler’s 12th Court of Appeals. James Carey Prosperie, 75, Tyler, was arrested at his south Tyler Home in 2013 following a brief standoff with law officers. He was charged with sexual assault of a child and indecency with a child. Prosperie was found guilty on both counts and sentenced to two consecutive terms of 16 years each. In his appeal, Prosperie argued for a new punishment phase of his trial because of “his age and poor health.” The state court had denied his motion for a new punishment trial. There was no proof offered that he was in poor health. He also contended that the state district court “erred” by failing to conduct a restitution hearing. All of his arguments were rejected by the appeals court on Wednesday.