Helena couple accused of elder exploitation; wife faces more charges involving minor

A Helena couple was charged with felony elder exploitation after authorities said incidents occurred in 2021 that involved the father of one of the accused who was in his 70s and had Alzheimer's.

Charging documents were filed Dec. 16 in Lewis and Clark County District Court against Nicholas Cole Percival and his wife Wisper Percival.

The defendants' attorneys did not immediately respond to phone calls Wednesday seeking comment. Wisper and Nicholas were not listed in the Lewis and Clark County Detention Center as of Jan. 7.

The victim was Nicholas' father, who was diagnosed with Alzheimer's dementia in 2021 and displayed "signs of cognitive decline," court documents state.

That year he moved in with his son and daughter-in-law who were reportedly aware of his mental condition. Documents state medical records showed Nicholas met with the father's medical provider May 5, 2021, and reported his dad had delusions and hallucinations.

The medical provider recommended Nicholas work with a case manager to get his father into assisted living and support services, but the defendant never followed up, court documents state. The same issue was noted in documents to have been discussed May 18, 2021, Aug. 4, 2021, and Feb. 25, 2022.

The father's income consisted of Social Security payments and cash assets included a checking account, savings account and an IRA at Valley Bank, documents state.

His checking account had a pay-on-death grant to his daughter. Documents state on Nov. 21, 2021, his checking account had a balance of about $3,500 and his savings account had over $14,700.

The man granted his son and daughter-in-law a durable power of attorney dated Feb. 3, 2022. By July 18, 2022, his checking account had 1 cent and his savings account balance was $849.25, a court affidavit states.

Court documents state the man went into his bank in Helena in April 2022, inquiring about questionable transactions made on his account.

A bank representative provided him with a signature card that showed more owners on the account as Nicholas and Wisper Percival. Wisper also terminated the agreement that favored her sister-in-law and made the ownership joint with right of survivorship, which assured the defendant's sole control over the account, court documents state.

The man said he did not recall signing a power of attorney naming the defendants as his agents, documents state, and bank staff determined Wisper made over $6,000 in debit card transactions on the account.

The bank turned a report over to Adult Protective Services. On May 24, 2022, APS Investigator Jania Ballenger found financial exploitation was "indicated," court documents state.

The matter was then given to the Lewis and Clark County Sheriff's Office, who contacted the Montana Department of Justice Division of Criminal Investigation.

Documents allege the defendants used the father's money to support their personal apparel printing business.

Purchases included in the court affidavit listed $2,934 for a high-performance motor rebuild for a Chevy Malibu drag-racing car, which Wisper claimed was a part of an agreement between the father and his son to rebuild the "family vehicle."

Other purchases included $207 in clothing, $368 to "fashionwear," $102 to Almost Famous Body Piercing, a saddle for $1,029, $34 for marijuana paraphernalia and hundreds of dollars in withdrawals between December 2021 and February 2022 at Town Pump, Last Chance Casino, 4J's Casino and Suds Hut.

On April 20, 2023, documents state Wisper entered a pre-need funeral services contract for the man, which included a funeral annuity and irrevocable assignment for cremation which cost $1,280. On April 23, Wisper withdrew $3,000 supposedly for the cremation contract, but she did not pay for the services, according to a court affidavit.

The transactions allegedly made by the defendants left the man with a negative balance and he faced nearly $200 overdrawn when he tried to purchase his prescriptions.

"From February 16, 2022 to April 1, 2022 the defendants made 16 transfers totaling $10,300 from the victim's savings account to his checking," court documents state.

On June 27, 2022, the victim revoked the agreement involving his daughter-in-law and son and issued a new one in favor of his daughters.

Both face the charge of felony exploitation of an older person, incapacitated person or person with a developmental disability.

Wisper Percival also faces charges including felony custodial interference, felony sexual abuse of children, felony tampering with witnesses and informants, misdemeanor endangering the welfare of children and misdemeanor obstructing a peace officer or other public servant.

She was charged in February after a deputy was dispatched in August 2023 to a report of custodial interference.

A witness also told a detective there would be child pornography believed to be the ex-girlfriend of the complainant's son in her underwear on Percival's cellphone.

Documents further alleged Percival encouraged juveniles to drink alcohol while being underage and the defendant told a second witness to lie in their testimony regarding the complainant's son being at her residence during a hearing in Jefferson County.