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
Circuit Judge Louis Sherman granted $10,000 bond on Tuesday and banned Cataulin from having any contact with her two young children. Prosecutor Jill Harris argued in court that Cataulin should be held because the injuries were serious, including seven broken ribs and a fractured skull. A doctor found the injuries consistent with shaken baby syndrome, Harris said.
Brandi Nicole Casey, headed pleaded guilty to felony child abuse and neglect and possession schedule II narcotics. She also pleaded guilty to two misdemeanor charges involving distribution of drugs.
Casey was before the court for sentencing July 20 and Commonwealth’s attorney Dennis Lee asked for her to be given the maximum sentence of 20 years. Casey was originally charged with killing her infant son but that charge was dismissed after the coroner’s report indicated the baby died of Sudden Infant Death Syndrome.
Lee based the child abuse and neglect charge on the fact Casey was using drugs on the night her child died and had used drugs during her pregnancy. Investigator Richard Brown testified that information from Clinch Valley Medical Center showed the child was born with oxycodone in its system.
The report from the medical examiner showed the child had benzodiazipam in its system at the time of death. Brown said Casey told him she had tried to breast feed the child on four or five occasions.
Defense Attorney Ann-Margaret Brammer argued that no one knew what caused SIDS and “thousands of babies die from it each year.’ Casey said the doctor told her the baby just forgot to breath.
Brammer said Casey had no previous problems with social services concerning her children and her problems stemmed from drugs. She asked that Casey be sent to the detention and diversion centers.
Brammer said there was no evidence Casey rolled over on her baby or did anything that contributed to the child’s death. She said Casey pleaded to the felony abuse charge because of her drug use the night the child died.
A tearful Casey testified that things were chaotic the night the child died because her mother-in-law had died in her sleep the previous night and she had to explain to her four-year-old why grandma wouldn’t wake up.
She said her grandmother, uncle and two other children were all in the home at the time the incident happened. Judge Teresa Chafins said it was one of the saddest cases she had dealt with.
She said Casey would have to live with the death of one child and having two others removed from her care. The judge said she was giving Casey a chance to get off drugs and straighten her life out.
“But it’s also my duty to punish you,’ she said. She imposed 10 years on the felony child abuse charge and suspended six. She suspended four of the five years imposed for the drug possession and two 12 month sentences on the misdemeanor drug charges.
She suspended both of the 12 month sentences, leaving Casey with five years to serve and five years of supervised probation.
http://www.swvatoday.com/news/article/richlands_woman_to_serve_five_years_for_childs_death/10716/