Nov 26 2011: Nancy Drury Duncan
ACCOMAC -- A man convicted of the involuntary manslaughter of his girlfriend's 11-month-old baby was sentenced to spend five years in the penitentiary.
Brian Terrell Walker, 26, of Nassawadox was charged with murder in the March 2010 death of Isaiah Russell, but was convicted of the lesser charge of manslaughter by a jury earlier this year.
Walker was at home with Isaiah and his two-year-old sister while his mother worked at a local chicken plant, said Deputy Commonwealth's Attorney Matthew Brenner. He told the court of the severe injuries suffered by the child, who arrived at Riverside Shore Memorial Hospital in critical condition. Isaiah Russell was airlifted to Children's Hospital of the King's Daughters in Norfolk, where he was removed from life support two days later, Brenner said.
Dr. Verena Wyvil, a child abuse specialist from that hospital, testified that the child had three skull fractures as well as multiple bruises and lacerations. She told the court he was a victim of shaken baby syndrome.
Defense attorney Benjamin Sample said his client gave up vacation time to stay with the boy and save the child's mother the money she would have spent on day care. He said Walker was a heavy sleeper and was awakened by the two-year-old, who told him her brother was not breathing right. He said Walker found the baby on his back on the floor, "gasping for air." Walker did not know how the baby sustained his injuries, he said.
"Walker is a very deep sleeper," said Hamlet. He said Walker ran to a neighbor's house and called 911 right away.
A medical examiner described the cause of death as a "blunt-force head injury."
Circuit Judge Stephen C. Mahan denied a defense request to set aside the jury's verdict and a motion to strike the evidence prior to the sentencing. "There is ample evidence the defendant committed the offense beyond a reasonable doubt," he said.
He sentenced Walker to five years as was recommended by the jury and also imposed a three-year probation after release.
http://www.delmarvanow.com/article/20111126/ESN01/111260303
Brian Terrell Walker, 26, of Nassawadox was charged with murder in the March 2010 death of Isaiah Russell, but was convicted of the lesser charge of manslaughter by a jury earlier this year.
Walker was at home with Isaiah and his two-year-old sister while his mother worked at a local chicken plant, said Deputy Commonwealth's Attorney Matthew Brenner. He told the court of the severe injuries suffered by the child, who arrived at Riverside Shore Memorial Hospital in critical condition. Isaiah Russell was airlifted to Children's Hospital of the King's Daughters in Norfolk, where he was removed from life support two days later, Brenner said.
Dr. Verena Wyvil, a child abuse specialist from that hospital, testified that the child had three skull fractures as well as multiple bruises and lacerations. She told the court he was a victim of shaken baby syndrome.
Defense attorney Benjamin Sample said his client gave up vacation time to stay with the boy and save the child's mother the money she would have spent on day care. He said Walker was a heavy sleeper and was awakened by the two-year-old, who told him her brother was not breathing right. He said Walker found the baby on his back on the floor, "gasping for air." Walker did not know how the baby sustained his injuries, he said.
"Walker is a very deep sleeper," said Hamlet. He said Walker ran to a neighbor's house and called 911 right away.
A medical examiner described the cause of death as a "blunt-force head injury."
Circuit Judge Stephen C. Mahan denied a defense request to set aside the jury's verdict and a motion to strike the evidence prior to the sentencing. "There is ample evidence the defendant committed the offense beyond a reasonable doubt," he said.
He sentenced Walker to five years as was recommended by the jury and also imposed a three-year probation after release.
http://www.delmarvanow.com/article/20111126/ESN01/111260303
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