Opinion

State of Tennessee v. Maurice Brown Sr.

Court
Court of Criminal Appeals of Tennessee
Filed
Nov 7, 2016
Status
Published
On the bench
Judge John Everett Williams
Cited by
0 cases
Authority
More cited than 3.3%

The opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

August 2, 2016 Session

STATE OF TENNESSEE v. MAURICE BROWN, SR.

Appeal from the Criminal Court for Shelby County

No. 1300525 Chris Craft, Judge

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No. W2015-00466-CCA-R3-CD - Filed November 7, 2016

___________________________________

The Defendant, Maurice Brown, Sr., appeals from his convictions for two counts of

felony murder, aggravated child abuse of a child under eight years old, aggravated child

neglect of a child under eight years old, and resisting official detention, for which he

received an effective sentence of life plus eighteen years. On appeal, the Defendant

contends that the evidence was insufficient to support his convictions. Upon reviewing

the record and the applicable law, we affirm the judgments of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed

JOHN EVERETT WILLIAMS, J., delivered the opinion of the court, in which CAMILLE R.

MCMULLEN and ROBERT L. HOLLOWAY, JR., JJ., joined.

John Keith Perry, Jr., Southaven, Mississippi, for the appellant, Maurice Brown, Sr.

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel;

Amy P. Weirich, District Attorney General; and Jennifer Nichols and Reginald

Henderson, Assistant District Attorneys General, for the appellee, State of Tennessee.

OPINION

FACTUAL AND PROCEDURAL HISTORY

The evidence presented at trial established that the Defendant severely beat his

three-year-old son, causing injuries that resulted in his death. The Defendant then

disposed of the victim‟s body in a dumpster.

The State’s Proof

Mrs. Latoya Kanneh, the victim‟s mother and the Defendant‟s former girlfriend,

testified that she and the Defendant had a volatile relationship and that they

communicated primarily through her sister. During the rare occasions in which they

spoke over the telephone, the conversations were not pleasant, and Mrs. Kanneh stated

that the Defendant was always angry. She denied preventing the Defendant from seeing

the victim and their daughter.

In May 2012, Mrs. Kanneh, who was living in Arkansas, decided to allow the

victim to live with the Defendant for a few months. She explained that the victim was

misbehaving in daycare and that she believed that the Defendant would be able to calm

the victim. She planned to return to Memphis to retrieve the victim before his birthday in

late July.

Ms. Kanneh testified that on Saturday, June 30, 2012, she and the Defendant

argued over the telephone because the Defendant wanted her to drive to Memphis and

retrieve the victim. Mrs. Kanneh told the Defendant that she could not drive to Memphis

but offered to meet him halfway. The Defendant became angry and began cursing her

and calling her names. Mrs. Kanneh told the Defendant that she would return for the

victim before the victim‟s birthday and that the Defendant was to communicate with her

through her mother or her sister. Mrs. Kanneh also spoke to the victim, who stated that

he was ready to come home. She heard the Defendant in the background telling the

victim what to say.

On Sunday, July 1, at approximately 11:00 p.m., police officers contacted Mrs.

Kanneh and informed her that the victim was missing. She and her husband traveled to

Memphis where she and her relatives began searching for the victim. Mrs. Kanneh later

learned that the Defendant had been arrested and went to the jail to speak to him. Mrs.

Kanneh stated that when she asked the Defendant what had happened to the victim, he

told her that he had awaken to find the victim gone. The Defendant was crying and told

her that he loved his children and that he would never harm them.

On July 3, after the victim‟s body had been found, Mrs. Kanneh went to the police

department to make a statement and identify a photograph of the deceased victim. She

said that the Defendant called her from jail while she was making funeral arrangements

for the victim. When she informed him that she was making the funeral arrangements,

the Defendant told her that she and his girlfriend needed to try to find an attorney to

represent him. Mrs. Kanneh said she hung up on him because he failed to show any

concern about the fact that she had to make funeral arrangements for the victim.

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Ms. Teaira Duncan, the Defendant‟s former girlfriend, testified that in July 2012,

she was living with the Defendant, their one-year-old son, and the victim and that both

she and the Defendant were working at Wendy‟s. On July 1, 2012, the Defendant, along

with the victim and their son, dropped her off at work for her 3:00 p.m. to midnight shift.

At that time, Ms. Duncan did not notice any marks or bruising on the victim.

Ms. Duncan said that during a telephone conversation with the Defendant at 8:30

p.m., the Defendant told her that the victim had urinated on himself. Ms. Duncan did not

recall the Defendant stating his plan for disciplining the victim. She said that around

10:00 p.m., the Defendant called her and said that the victim had run away. Ms. Duncan

instructed the Defendant to call the police. When Ms. Duncan later returned to their

apartment, police officers were present, and the Defendant was holding their son.

Ms. Duncan told the police that the victim was not spanked often but that when he

was spanked, the Defendant did it. After the Defendant spanked the victim one and one-

half weeks prior to the victim‟s disappearance, Ms. Duncan noticed a bruise on the

victim‟s right cheekbone. The Defendant told her that the bruise occurred when the

victim ran away as the Defendant was spanking him.

Ms. Duncan said that while she did not have an opportunity to look around their

apartment on July 1, she did so on July 3, the day before the victim‟s body was

discovered. She observed a hole in the closet door in the bedroom with blood, a hole in

the wall of the front bedroom, and blood on a pipe that ran to the bathroom wall. She

stated that she had not previously noticed the holes and blood.

On cross-examination, Ms. Duncan testified that she never saw the Defendant

display any anger or aggression toward their son or the victim and that the Defendant

seemed like a loving father. Ms. Duncan did not notice that the Defendant‟s attitude

toward the victim changed following the Defendant‟s conversation with Mrs. Kanneh.

Ms. Duncan did not recall the Defendant‟s being angry when he told her that the victim

had urinated on himself.

Ms. Duncan said the victim typically ran away when he was going to be spanked.

She never saw the Defendant become angry or abusive when the victim fled. She did not

believe that the victim needed medical care where he sustained the injury to his

cheekbone while fleeing from a spanking by the Defendant one and one-half weeks prior

to his disappearance. Ms. Duncan recalled that on a day prior to the victim‟s death, he hit

his head, resulting in a small knot.

Ms. Duncan clarified that her testimony was not that the hole in the wall in the

front room occurred while she was at work on July 1 but that she had not noticed it before

that date. She said that the hole was in an area where the playpen had been. She told the

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police officers that the hole in the bedroom closet door could have been made with a fist

and that she was fairly certain that the hole was not there before she left for work on July

1. On redirect examination, Ms. Duncan stated that she informed the officers that the

hole in the closet door could have been caused by a fist or a head but that she believed it

was made with a fist.

Mr. Terrance Pope, a friend of the Defendant, testified that on July 1, 2012, he

went to the Defendant‟s apartment where he and the Defendant composed rap music

while the children were playing in the living room. Mr. Pope said that the victim did not

appear to have anything wrong with him. The Defendant was talking on the telephone

while the children were playing. Mr. Pope did not notice any damage to the apartment.

He left the Defendant‟s apartment at approximately 4:40 p.m. and learned that the victim

was missing the following day when he saw the news report. The Defendant did not

respond to Mr. Pope‟s calls or text messages. Mr. Pope acknowledged that in June 2011,

he pled guilty to facilitation of aggravated robbery.

On cross-examination, Mr. Pope testified that while he was at the Defendant‟s

apartment, the Defendant did not appear to be angry and did not display any abusive

behavior toward the victim. Mr. Pope did not see any markings or bruises on the victim.

Ms. Sharon Toole lived in the apartment next to the Defendant‟s apartment, and

they shared an interior wall. Ms. Toole testified that on Sunday, July 1, 2012, at

approximately 6:00 or 7:00 p.m., she awoke from a nap when she heard a loud noise

coming from the Defendant‟s apartment. She went into her living room where she heard

the noise again. She described the noise as a “thumping” sound that continued for a few

minutes and said it sounded as if someone was fighting. She then heard loud music

coming from the Defendant‟s apartment and did not hear the “thumping” sound again.

Ms. Toole returned to her nap.

Ms. Toole stated that when she later awoke, she looked out of a window and saw

the Defendant placing something into his car. She said the Defendant‟s face was sweaty

and that he appeared to be nervous and in a hurry.

Ms. Toole later exited her apartment when she saw police officers outside. The

Defendant‟s apartment door was open, and Ms. Toole saw the Defendant sitting on a

couch with his younger son. The Defendant appeared to be crying, and Ms. Toole asked

him what was wrong. She said the Defendant told her that the victim was missing after

he had left the apartment while the Defendant was sleeping. Ms. Toole had never seen

the victim alone outside of the apartment but had always seen him with an adult. While

Ms. Toole assisted in searching for the victim, she did not see the Defendant assist in the

search. She stated that the Defendant “appeared like he was concerned but not

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concerned. He wasn‟t looking for the little boy…. [H]e was just standing around

watching the police officers and watching everybody else look for him.”

Ms. Toole testified that later that night, the Defendant told a neighbor and her that

while he was sleeping on the couch, the victim opened the door and left. When Ms.

Toole asked him about the victim‟s ability to open a door by himself, the Defendant told

her that the victim knew how to open doors.

On cross-examination, Ms. Toole testified that she did not see anyone enter the

Defendant‟s apartment that day and play music. She acknowledged that she did not

know who was inside the Defendant‟s apartment when she heard the “thumping” noises.

She also acknowledged that she told police officers that she last saw the Defendant at

approximately 3:00 p.m. that day. On redirect examination, Ms. Toole stated that on

prior occasions, she had heard the Defendant yelling at his children and his girlfriend.

Mr. Christopher Sammons, who lived in the apartment above the Defendant‟s

apartment, testified that on July 1, 2012, at approximately 7:00 or 8:00 p.m., he was on a

balcony in front of his apartment smoking a cigarette when he saw the Defendant walk

out of his apartment with one of his sons on his shoulder. Mr. Sammons said the

Defendant appeared to have been holding the older of the two boys. The boy‟s head was

lying on the Defendant‟s shoulder as the Defendant walked toward the parking lot. Mr.

Sammons was unsure whether the Defendant saw him. Mr. Sammons stated that earlier

that day, he heard a “bang” coming from his closet where the air conditioning unit was

located, but the noise did not concern him at the time.

Mr. Sammons said he assisted in searching for the victim later that night. He

overheard the Defendant talking on his telephone and stating that the victim had walked

out of the apartment while the Defendant was sleeping. Mr. Sammons recalled that the

Defendant appeared distraught.

When the Defendant called 911 at 10:22 p.m., he spoke to Cassandra Berry, and

the recording of the call was played to the jury. The Defendant reported that he had

fallen asleep around 8:30 or 9:00 p.m. while the victim was watching television. He

stated that when he awoke, the victim was gone.

Officer Jodi Ledford of the Memphis Police Department testified that she and her

partner responded to the missing child report. They met the Defendant at the front door

of his apartment where he was pacing. The Defendant informed the officers that at some

point after he returned home from work, he saw that the victim had urinated on himself.

The Defendant stated that he changed the victim into a navy Batman t-shirt and jeans and

laid him down on the couch with the Defendant‟s other son. The Defendant said he told

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the victim to take a nap and that he would receive a spanking when he awoke. The

Defendant told the officers that he fell asleep on another couch at approximately 8:30 or

9:00 p.m. He maintained that when he awoke at approximately 10:00 p.m., the victim

was missing, and both the wooden interior door and the outer storm door were open. The

Defendant stated that when he was unable to locate the victim after walking around the

apartment searching for him, he called the police.

Officer Ledford and her partner assisted in the search for the victim by looking

into vehicles. The Defendant identified his vehicle as a maroon Toyota Camry. Officer

Ledford testified that when she and her partner approached the car, they noted that heat

was coming from the engine and realized that the car had been driven recently. Officer

Ledford stated that the Defendant had not told them that the car had been driven. When

Officer Ledford questioned him about it, he said that he had driven around searching for

the victim before calling the police. Officer Ledford noted that the Defendant had a

scrape on his hand that appeared to be fresh and that his pants were torn down the

inseam.

On cross-examination, Officer Ledford testified that the Defendant told her that

his pants were his “work pants.” She noted that the Defendant was wearing a uniform

that included a red polo shirt from a fast food restaurant.

Ms. Lillian Wright, an assistant manager at Wendy‟s, testified that the Defendant

was scheduled to work the 7:00 a.m. to 4:00 p.m. shift on July 1, 2012. However, Ms.

Wright sent the Defendant home around 10:30 or 11:00 a.m. because he was not doing

his job. At that time, Ms. Wright did not see any injuries on the Defendant‟s hands, and

said that the Defendant‟s uniform, including his pants, were not damaged in any way.

Sergeant Alpha Hinds of the Memphis Police Department testified that she and

Sergeant Max Newman took a formal witness statement from the Defendant at the

department‟s felony response office at approximately 1:20 a.m. on July 2. Sergeant

Hinds stated that the Defendant was not handcuffed or shackled and was free to leave at

any time.

Sergeant Hinds stated that the Defendant said the victim came to stay with him

because the victim‟s mother was pregnant and was unable to handle the victim. The

Defendant also said that he had been away attending Lane College and wanted to spend

time with the victim. He maintained that he had a good relationship with the victim and

described the victim as “playful,” hyperactive, and always smiling. The Defendant said

he was in the process of obtaining custody of the victim. He denied arguing with Mrs.

Kanneh about the victim staying with him but said he and Mrs. Kanneh argued about her

treatment of their daughter and her failure to be attentive toward the victim.

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The Defendant informed the officers that on July 1, his girlfriend was watching the

victim while the Defendant was at work. The Defendant returned to his apartment at

around 1:00 or 2:00 p.m., and he, the victim, and his younger son dropped his girlfriend

off at her job at around 3:00 p.m. The Defendant said that upon returning to his

apartment, he composed music with a friend, “Maestro,” in the kitchen while his sons

watched television in the living room. The Defendant stated that “Maestro” left around

7:15 or 7:30 p.m. and that the Defendant fed his sons at 7:45 p.m. His younger son then

fell asleep on the couch.

The Defendant relayed to the officers that after the victim finished eating, the

Defendant saw that the victim had urinated on himself. The Defendant told the victim, “I

owe you one when I get up,” which the Defendant explained meant that he was going to

spank the victim. The Defendant told the victim to change his clothes and get into the

shower. He said the victim did not take a shower but returned wearing a Batman shirt,

jeans, and blue and white striped underwear. The Defendant also said that he fell asleep

around 8:00 or 8:30 p.m. and that when he woke at around 10:00 p.m., he saw that the

front door was open and that the victim was missing. He recalled that he and his younger

son walked and drove around the area searching for the victim. He then called his

girlfriend, who told him to call the police.

The Defendant denied having any disputes with anyone in the apartment complex

and could not think of anyone who would have taken the victim. He said that the front

interior door and the outer storm door each had two locks. He also said that when he fell

asleep, both locks on the storm door and one lock on the interior door were locked.

When he awoke, both doors were open. He maintained that the victim was able to open

the doors by himself.

When Sergeant Hinds questioned the Defendant about an injury to his right index

finger, the Defendant responded that he received the injury at work about one week prior

to the interview and that he removed the scab in order to allow it to heal faster. In

response to Sergeant Hinds‟ questions about his torn pants, the Defendant maintained that

he tore his pants at Wendy‟s about a month prior to the interview and that the rip

continued to grow larger. He explained that he began ripping the pants that night because

it was the last time that he planned on wearing them.

Ms. Amy Speropoulos, a television news reporter, testified that she interviewed

the Defendant on July 2. The recording of the interview was played to the jury. During

the interview, the Defendant stated that he fell asleep around 8:30 p.m. and that when he

awoke at around 10:00 p.m., the front door was open, and the victim was gone. The

Defendant said he walked and drove around the area searching for the victim before

calling the police. He criticized the search efforts by the police as “poor” and said that

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many people “hate” him due to his music. When the reporter asked the Defendant about

an injury to his finger, he replied that he had injured his finger at work approximately one

week prior to the interview.

Following the execution of a search warrant, officers from the crime scene unit

collected multiple blood samples from the Defendant‟s apartment. Officer David

Payment testified that he found in the kitchen a wet mop with a handle that was bent to

such a degree that it would break if used. Officer Lee Walker said he found a small piece

of paper that appeared to have blood on it on the bathroom floor next to the bathtub, a

wet towel in the kitchen that appeared to have blood on it, and a piece of a belt in the

hallway. Officer Walker stated that when he arrived at the apartment, he saw the

Defendant and described him as “a calm young man.”

Special Agent Donna Nelson, a forensic scientist with the serology DNA unit of

the Tennessee Bureau of Investigation (“TBI”), was accepted by the trial court as an

expert in DNA analysis and serology. She testified that the Defendant‟s blood was found

on the north bathroom wall, the bedroom floor, a piece of toilet paper, and the bathroom

floor. Both the Defendant‟s blood and the victim‟s blood were on a towel. The blood on

the PVC pipe was not human blood.

Memphis Police Lieutenant Darren Goods testified that in July 2012, he was a

sergeant in the homicide bureau and was assigned to interview the Defendant. He

explained that he was seeking to obtain “more of a suspect statement per se than a

witness statement.” Uniformed police officers transported the Defendant to the homicide

office, arriving at 9:48 a.m. on July 2, and Lieutenant Goods and Sergeant Vivian Murray

began obtaining biographical information from the Defendant at 10:45 a.m. The

Defendant provided his name, date of birth, and address. He said he was the first person

in his family to graduate high school and college. He graduated high school with honors

and attended Lane College in Jackson, Tennessee, where he obtained a Bachelor of

Science degree in physical education. The Defendant reported that he played basketball

in high school and college but quit in college due to a dispute with one of the coaches.

Lieutenant Goods stated that the Defendant did not appear to exhibit any difficulty in

understanding the questions, did not appear to be under the influence of drugs or alcohol,

and was cooperative.

Lieutenant Goods asked the Defendant about a small cut on his right index finger,

and the Defendant said he cut his finger while performing maintenance duties at

Wendy‟s. The Defendant mentioned that he used a white towel that officers had found in

the bathroom to stop the bleeding. He asked Lieutenant Goods whether he was a

Christian, and Lieutenant Goods stated that he was. The Defendant also said he was a

Christian, and they discussed Christianity and making the right decisions.

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Lieutenant Goods stated that before asking accusatory questions, he and Sergeant

Murray wanted to view the available evidence, so they took a break from the interview

and visited the Defendant‟s apartment located approximately five minutes away from the

homicide office. At that time, the victim had not yet been located. Lieutenant Goods

observed blood in the bathroom, the bathroom closet, and the bedroom. He also observed

a hole in the bathroom door near the door knob, which appeared to have been created by

a fist or by an object that had been shoved into the door. Lieutenant Goods stated the

height of hole led to his belief that the victim‟s head could been shoved into the door.

Upon the officers‟ return, they advised the Defendant of his rights and began the

interrogation around 1:55 p.m. The Defendant initially stated that he did not understand

his rights. The officers explained the rights to the Defendant again and asked him

whether the Defendant understood them. The Defendant replied, “I don‟t understand my

Miranda rights.” Lieutenant Goods stated that at that point, no one had referred to the

Defendant‟s rights as his “Miranda rights.” The officers told the Defendant that because

he had graduated high school with honors and had a college degree, it was difficult for

them to believe that he did not understand his rights. Lieutenant Goods stated that the

Defendant did not indicate at that point that he wished to end the interview or speak to an

attorney. After Sergeant Murray explained the rights to the Defendant a third time, the

Defendant stated that he understood his rights, waived his rights, and agreed to speak

with the officers.

The Defendant stated that around 7:00 or 7:15 p.m. on July 1, his friend,

“Maestro,” came to his apartment where they composed a rap song. “Maestro” remained

at the apartment for approximately forty-five minutes and left around 7:45 p.m. The

Defendant then fed the victim and his younger son, who then fell asleep on a couch

around 8:00 p.m. The Defendant believed that the victim had spilled his dinner on his

pants but then realized that the victim had urinated on himself. The Defendant said that

while he was not going to spank the victim, he told the victim that he “owed him one”

and instructed him to take a shower. Lieutenant Goods said he questioned the Defendant

about the victim‟s ability to prepare a shower because Lieutenant Goods did not believe

that a three-year-old had the ability to manipulate a faucet. The Defendant told the

officers that the victim was smart and could bathe and dress himself. The Defendant

clarified that while he told the victim to take a “shower,” the victim knew that he meant a

bath. He said the victim returned wearing a blue shirt, jeans, and underwear. The

Defendant stated that he told the victim that he was going to take a nap and that he would

spank the victim following the nap. The Defendant also stated that he turned on the

television so that the victim could watch cartoons and that the Defendant fell asleep on a

couch around 8:30 p.m.

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The Defendant told the officers that when he awoke at around 10:00 p.m., the

front doors were open, and the victim was not in the apartment. He said he placed his

younger son on his shoulder and walked around outside looking for the victim but was

unable to find him. The Defendant stated that he then drove around the neighborhood

searching for the victim. He recalled that while driving around the area, he called Ms.

Duncan and told her that the victim had run away from home and that Ms. Duncan

instructed him to call the police.

In response to questioning by the officers regarding the type of discipline that he

imposed, the Defendant said he would take away toys, games, or television privileges.

The Defendant also said he would place spankings in “layaway” in that he would not

spank his children right away but would wait and spank them for all of their acts of

misbehavior at one time. He explained that he would spank his children on their buttocks

with a small belt or on their hands using his hands, which were rough and hard as a result

of manual labor. When Lieutenant Goods asked the Defendant whether he injured the

victim, the Defendant insisted that he loved his children and would never do anything to

harm them. The Defendant denied that an accident occurred and maintained that he did

not know what happened to the victim. Lieutenant Goods told the Defendant that he did

not believe him and asked the Defendant what happed to the victim. The Defendant

shrugged his shoulders and said, “[T]hat‟s what I want to know.”

Lieutenant Goods then questioned the Defendant about an altercation with Mrs.

Kanneh in 2010. The argument centered around the Defendant‟s return to Jackson,

Tennessee, where he attended college. When Mrs. Kanneh refused to drive the

Defendant back to Jackson as planned, the Defendant took Mrs. Kanneh‟s car keys; they

argued; and Mrs. Kanneh threated to call the police. The Defendant told the officers that

“b**** f***ed up my life” and said he lost his job at Youth Villages as a result of the

altercation.

Lieutenant Goods testified that while the Defendant was discussing the victim, he

was calm, direct, and articulate but that once he began discussing Mrs. Kanneh, he

became agitated and demonstrative. Lieutenant Goods stated that the Defendant was

flailing his arms, raising his voice, and cursing, and Lieutenant Goods described the

Defendant as “a totally different person.” When Sergeant Murray brought the

Defendant‟s change in behavior to his attention, the Defendant said he did not want to

speak to Sergeant Murray and turned back to face Lieutenant Goods, who informed the

Defendant that the Defendant could not control the interview. Lieutenant Goods told the

Defendant that he was disappointed and had lost respect for him. Lieutenant Goods also

told the Defendant that although the Defendant claimed to be a Christian, he would not

make the correct decision. At that point, the Defendant said he no longer wanted to talk

to the officers and requested counsel. The interview then ended.

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On cross-examination, Lieutenant Goods testified that he did not measure the size

of the hole in the bathroom door, the height of the door, or the Defendant‟s hand. He did

not have any measurements of the victim‟s head. He did not see a baseball bat or any

sharp objects in the Defendant‟s apartment.

Lieutenant Goods stated that the Defendant did not indicate any animosity toward

the victim and that nothing in his supplemental report indicated that the Defendant had

previously been suspected of abusing his children. Lieutenant Goods interviewed Ms.

Duncan, who informed him of a prior incident in which the victim had a mark on his

cheek that he sustained during the course of the Defendant spanking him.

On redirect examination, Lieutenant Goods testified that Ms. Duncan told him that

after she returned from work one evening, she noticed that the victim was limping and

questioned the Defendant about it. The Defendant told her that he made the victim hold

his arms out for a length of time and then made the victim run from the front door to the

threshold of the kitchen. When Ms. Duncan questioned the victim, he told her that he

had to “exercise.”

Officer Jonas Holguin with the Project Safe Neighborhoods Unit of the Memphis

Police Department testified that he was asked to obtain records from the Defendant‟s

cellular phone. According to the records, the Defendant sent eleven text messages to Ms.

Kanneh‟s cellular phone number between 5:11 a.m. and 5:31 a.m. on July 1, 2012. The

Defendant received two text messages from Ms. Kanneh at 5:18 a.m. on July 1. The

Defendant placed six calls to Ms. Kanneh number between 5:44 a.m. and 6:15 a.m., and

each call lasted less than one second. The Defendant did not call Ms. Kanneh again until

after the victim had been reported missing.

Officer Holguin also testified regarding a number of incoming and outgoing calls

to a telephone number identified as belonging to Wendy‟s. On July 1, 2012, the

Defendant received a call from Wendy‟s at 8:38 p.m. that lasted two minutes, a call at

8:40 p.m. that lasted 1.7 seconds, and a call at 10:19 p.m. that lasted .7 seconds. The

Defendant placed a call to Wendy‟s at 10:15 p.m. that lasted 1.32 seconds. The

Defendant placed this call at a different location from where he had placed the earlier

calls. Officers had not been searching for the victim in this location. Officer Holguin

directed officers to the area where the Defendant had placed the 10:15 p.m. call, and the

officers discovered the victim‟s body.

Memphis Police Officer Darrell Cherry testified that during the afternoon of July

3, 2012, he and his partner were searching for the victim in an area in downtown

Memphis when they came upon an alley with dilapidated apartments with a dumpster

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sitting by itself. Officer Cherry and his partner looked inside the dumpster where they

found the victim‟s body.

Lieutenant Anthony Mullins testified that in July 2012, he was a sergeant in the

homicide bureau and was assigned as case coordinator. He was also accepted by the trial

court as an expert in crime scene investigation and blood stain pattern analysis. When

Lieutenant Mullins was assigned to the case, the case was still considered a missing

person‟s investigation. After obtaining a search warrant, Lieutenant Mullins went to the

Defendant‟s apartment to view the scene. Lieutenant Mullins identified multiple blood

stains throughout the apartment.

Lieutenant Mullins testified that the Defendant‟s cellular telephone data revealed

that the Defendant had placed a call from a location outside of the search area. As a

result, officers began searching the area from which the call was placed, and the victim‟s

body was located in a dumpster in that area. Lieutenant Mullins then went to the location

of the dumpster. He said that the heat index on July 3, the day on which the victim was

discovered, was more than one hundred degrees. The discovery drew the attention of the

media and onlookers, and the police officers were not able to obscure onlookers‟ view of

the dumpster. At that time, the victim had not been positively identified, and the victim‟s

mother had not been informed of the discovery. Lieutenant Mullins said that as a result,

he decided to have the dumpster transported to a large garage bay area at the office of the

crime scene investigation unit.

Allied Waste, the owner of the dumpster, transported it to the office. Lieutenant

Mullins said that while he wanted to have the dumpster transported as soon as possible,

he knew that the transportation had to be performed slowly to limit the movement of the

contents. He stated that multiple photographs were taken both before and after the

dumpster was transported to document the movement of the contents. Once the dumpster

arrived at the garage bay area, officers photographed each layer of trash as it was

removed.

Lieutenant Mullins testified that the victim‟s body was originally close to the front

of the dumpster but that the victim‟s body had shifted “slightly” when the dumpster was

transported. The orientation of the victim‟s body following the transfer was similar to the

orientation in which his body was discovered. Lieutenant Mullins stated that the trash

inside the dumpster did not include bricks, bats, knives, or anything that could have

damaged the victim‟s body. Rather, the trash included “soft” items, such as styrofoam

cups, can, and paper and plastic items. The only large, heavy object in the dumpster was

a cushion or car seat.

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Lieutenant Mullins stated that officers obtained a statement from Ms. Duncan and

another search warrant of the Defendant‟s apartment based upon that statement. Ms.

Duncan identified blood in the bathroom, damage to a door, and an impression in a wall

that she said she had not seen before she had left for work on the night of the victim‟s

disappearance.

On July 4, Lieutenant Mullins observed the victim‟s autopsy, and after obtaining

the preliminary findings and other evidence, he determined that the Defendant should be

charged with the victim‟s homicide. Lieutenant Mullins said the Defendant had already

been charged with aggravated child neglect or endangerment of the victim and was in

custody in the Shelby County Jail. Lieutenant Mullins explained that while the

Defendant‟s additional first degree murder charge was to be included under the

Defendant‟s prior booking number, the new charge was considered a “new arrest” for

purposes of documenting the charge for the jail. A new “arrest ticket,” affidavit of

complaint, and bond recommendation had to be filed, and a new thumbprint from the

Defendant had to be obtained.

Lieutenant Mullins testified that on July 6, 2012, two officers brought the

Defendant from the jail to the homicide office. The Defendant was placed in a large

interview room, and his leg was shackled to an iron bench. Lieutenant Mullins said that

because the Defendant had previously invoked his right to counsel, the officers were not

allowed to interview him. Rather, Lieutenants Mullins and Goods explained to the

Defendant that they needed to obtain his thumbprint due to the new charge, and the

Defendant declined to cooperate. Lieutenant Mullins said that when he told the

Defendant that he was required to provide a thumbprint, the Defendant requested counsel.

The officers told the Defendant that they needed his thumbprint as part of the arrest

process, the Defendant again refused to provide a thumbprint.

Lieutenant Mullins stated that the Defendant tucked his arms inside of the sleeves

of his shirt. The officers removed the Defendant‟s shirt, but the Defendant kept his arms

pressed tight against his torso. Lieutenant Mullins called in three other officers to assist.

They attempted to hold the Defendant down on the table, but he continued to squirm.

Two of the officers left the room because it was too difficult to maneuver in such a small

area. Lieutenant Mullins said the Defendant would swing his elbows and occasionally

his fists to prevent the officers from obtaining his thumbprint. Lieutenant Mullins stated

that Lieutenant Goods was able to pin the Defendant down on the table, while another

officer held the Defendant in “kind of like a headlock.” The officers were able to stretch

out the Defendant‟s arm but were unable to remove his thumb from inside of his fist.

Lieutenant Goods left the room to obtain chemical agent spray. Meanwhile, the

Defendant was able to get his arm away from the officers and back around his torso.

Lieutenant Mullins said that after the Defendant refused to place his arm back on the

-13-

table, Lieutenant Mullins struck the Defendant once in the lower back with his fist, and

the Defendant stuck out his arm. The Defendant refused to remove his thumb from

inside of his fist. Lieutenant Mullins ordered the Defendant to release his thumb, and the

Defendant refused. Lieutenant Mullins used his elbow to strike the Defendant on his arm

on three occasions, but the Defendant continued to refuse to display his thumb.

Lieutenant Mullins explained that he struck a nerve in the Defendant‟s arm in order to

cause the Defendant‟s hand to numb. Lieutenant Goods returned and sprayed the

Defendant with the chemical agent from about four feet away. The officers were then

able to obtain the Defendant‟s thumbprint. Lieutenant Mullins stated that as a result of

the encounter, the Defendant was charged with resisting official detention.

Lieutenant Mullins testified that the Defendant had the opportunity to clean out his

eyes and was able to walk without assistance. Lieutenant Mullins stated that the

Defendant was proud that the efforts of five officers were required to obtain his

thumbprint and loudly boasted to everyone within earshot.

On cross-examination, Lieutenant Mullins testified that when the Defendant was

brought to the homicide office, the officers told the Defendant that he was being charged

with the victim‟s murder. Lieutenant Mullins said that while the Defendant was swinging

his elbows and fists, the officer did not recall the Defendant striking any of the officers.

Lieutenant Mullins said that had the Defendant struck an officer, he would have been

charged with assault. The Defendant filed a complaint against Lieutenant Mullins with

the internal affairs division of the police department, and the complaint was resolved

prior to the indictment.

On redirect examination, Lieutenant Mullins testified that he believed that the

Defendant was charged with resistance on the same day in which he was charged with

first degree murder and that the resistance charge had to be added to the arrest ticket. The

resistance charge was filed before the Defendant filed the complaint with the internal

affairs division. The Defendant also filed a federal civil rights lawsuit against Lieutenant

Mullins and Lieutenant Goods.

The State introduced recordings of multiple telephone calls that the Defendant

made from the jail from July 2 to July 4, 2012. During the calls, the Defendant declared

his innocence and attempted to make arrangements to retain an attorney.

Dr. Karen Chancellor, a medical examiner and forensic pathologist, performed the

autopsy on the victim. The victim was forty inches long and weighed thirty pounds. He

was wearing a blue Batman t-shirt, jeans, and blue and white underpants that were

heavily soiled with feces. Dr. Chancellor testified that while bowel movements cannot

occur after death, some people have bowel movements while in the process of dying.

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She said that because she believed that the victim was deceased by the time that he was

placed inside the dumpster, the fecal soiling likely occurred before then.

Dr. Chancellor testified that because the victim‟s body was in the early stages of

decomposition, she took a conservative view in determining whether the multiple areas of

discoloration on the victim‟s body were bruises or injuries. She observed multiple

bruises or contusions on the front of the victim‟s chest, the front of his abdomen, his legs

and arms, and his torso. The victim had a rectangular bruise on the right side of his

abdomen and a triangular bruise in the area of the front torso. Dr. Chancellor observed

swelling in the middle of the victim‟s forehead with an abrasion above the swelling. She

also observed abrasions on the right side of the victim‟s neck, the back of his head, and

the top of his head, as well as a laceration on the back of his head.

Dr. Chancellor stated that the victim‟s liver was lacerated and that 250 cubic

centimeters of blood, which amounted to about twenty-five percent of the victim‟s total

blood volume, was in his abdominal cavity. She said the laceration in the liver would

have caused the victim to lose blood rapidly. The sixth, seventh, eighth, and ninth ribs on

the right side of the victim‟s body were fractured, and the victim sustained two fractures

in the seventh rib on the left side of his body.

Dr. Chancellor testified that the victim had subdural hemorrhages to both sides of

his brain, indicating that he suffered a head injury. She also noted deep tissue

hemorrhages to his upper right arm, his left elbow, his left forearm, his left shoulder, the

posterior of his left thigh, the lateral portion of his right thigh, the medial portion of his

right thigh, and back of his left leg, and his right buttock. Dr. Chancellor saw blood on

the front of the victim‟s underpants and red discoloration at the tip of the victim‟s penis.

She said that because the area showed bleeding, the injury occurred prior to the victim‟s

death.

Dr. Chancellor testified that the cause of the victim‟s death was multiple blunt

force injuries to his head, chest, and abdomen. She said the object used to inflict the

injuries did not have a sharp edge. She also said the injuries to the victim‟s liver and

brain occurred prior to his death. She stated that after the victim‟s liver was lacerated, he

could have survived minutes to hours but would not have been acting in a normal fashion.

She also stated that the laceration to the liver alone would have resulted in the victim‟s

death.

On cross-examination, Dr. Chancellor testified that the victim‟s cause of death

was all of the injuries to his head, chest, and abdomen, including the rib fractures. She

was unable to determine the order in which the injuries were inflicted. She said the rib

fractures could have resulted in death because they interfered with the act of breathing.

-15-

Dr. Chancellor stated that the victim‟s rib fractures were accompanied by soft tissue

hemorrhage, while rib fractures caused by cardiopulmonary resuscitation after a person is

dead do not have bleeding around them.

Dr. Chancellor stated that a blunt force injury can occur if a person runs into an

object or is thrown into an object. She said that while it was possible that the victim‟s

head injury could have resulted from the victim running into a hard object, it was

unlikely. She did not believe that the victim running into a table or wedging himself in

between a table and another object could have caused the victim‟s injuries. She said the

victim appeared to be well nourished and acknowledged that bruises can occur after

death. On redirect examination, Dr. Chancellor testified that while one or two of the

bruises may have occurred after the victim had died, the majority of his injuries occurred

prior to his death.

The Defense Proof

The Defendant testified in his own defense and said that while his relationship

with Mrs. Kanneh ended in 2008, they continued working together to raise their children.

In 2010, the Department of Children‟s Services removed the victim and his sister from

Mrs. Kanneh‟s home for three or four months. The Defendant said that he saw a change

in the victim upon his return. The Defendant stated that while the victim was a good

child, he was hyperactive and believed that he could do whatever he pleased. The

Defendant also stated that he disciplined his children by taking away their toys and

television privileges, requiring them to go to another room and sit, or requiring them to

“run the energy off.”

The Defendant testified that in May 2012, the victim was acting out in school and

had pulled his pants down in front of his teacher. The victim came to stay with the

Defendant because Mrs. Kanneh was unable to control the victim‟s behavior. The

Defendant denied that the victim caused any problems that summer and denied that he

wanted the victim to leave. The Defendant said he and Mrs. Kanneh agreed that she

would pick up the victim on June 30. The Defendant did not recall speaking to Mrs.

Kanneh on June 30 but said they spoke a few days before June 30, during which they

argued about their daughter. The Defendant did not believe that Mrs. Kanneh treated

their daughter and the victim equally and said that their daughter was supposed to visit

him but had not done so. He denied that they argued about the victim or that he was mad

at the victim following his conversation with Mrs. Kanneh. He maintained that he did

not allow any of his arguments with Mrs. Kanneh to affect his behavior with his children.

The Defendant stated that Mrs. Kanneh‟s sister was supposed to pick up the victim

on June 30 but did not do so. He said he began calling and texting Mrs. Kanneh on the

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morning of July 1 to ascertain Mrs. Kanneh‟s plan because he was scheduled to begin his

shift at 7:00 a.m. He also said that Mrs. Kanneh responded via text that her sister would

pick up the victim later in the day, but he stated that her sister never came.

The Defendant maintained that on the morning of July 1, he was working for the

general manager at Wendy‟s instead of for Ms. Wright. He explained that he volunteered

to leave early because business was slow and employees were being sent home. He said

Mr. Pope arrived at his apartment at approximately 3:30 p.m. and stayed for

approximately forty-five minutes. After Mr. Pope left, the Defendant continued to

compose music in the kitchen while the children played in the living room. He fed his

children around 7:45 p.m., after which his youngest son fell asleep on the couch.

The Defendant testified that after the victim finished eating, the Defendant saw

that the victim had urinated on himself and told the victim, “You know better than that,

and so I owe you one.” Ms. Duncan called, and the Defendant informed her that the

victim had urinated on himself. Ms. Duncan then talked to the victim, while the

Defendant prepared the victim‟s bath. The Defendant returned to speak to Ms. Duncan

and instructed the victim to remove his shorts. The Defendant said that after speaking to

Ms. Duncan, he returned to the bathroom where he observed the victim with a towel; and

the victim was splashing water everywhere. The Defendant told the victim that he was

going to be spanked, and the victim ran out of the bathroom.

The Defendant stated that he generally spanked the victim with a small belt. The

Defendant used his hands to estimate the length of the belt to the jury as approximately

six inches. He said that when the victim ran out of the room, the Defendant “swiped” at

him. The victim then “flipped on the bed into the headboard” and ran into the closet

door, while the Defendant “swiped” at him. The victim ran down the hallway, and the

Defendant “swiped” at him again. The Defendant stated that the victim was not paying

attention and ran into the corner of the bedroom door. The victim got up and ran into the

kitchen, while the Defendant “swiped” at him. The victim ran behind a steel chair and

then under the table when the Defendant began spanking him. The Defendant said that

“by this time, I‟m swiping him and he‟s jumping back and forth, hitting his head, and I‟m

swiping him, swiping him, swiping him.” The Defendant maintained that the victim hit

his head on the table while getting out from under the table and ran into the living room

where the Defendant continued to spank him. According to the Defendant, the victim ran

into the couch, and the Defendant continued to spank the victim as the victim ran around

the living room. The Defendant said the victim ran into the television and became

wedged between the couch and a wall, while the Defendant spanked him. The victim

was able to free himself and ran while the Defendant spanked him. The victim ran into

the corner of the couch and fell as the Defendant continued to spank him. The victim got

-17-

up and ran, and the Defendant chased him. The Defendant stated that the victim stopped

by the closet and grabbed the Defendant‟s belt. The Defendant testified,

And I started spanking him everywhere. On his legs, on his back, on his

stomach, on his chest. Everywhere. Just to get him to let go of the belt.

And I snatched the belt out of his hand, and that‟s when I held him by one

arm and hit him like four more times.

The Defendant said at that point, he hit his hand on the closet door and injured his finger.

The victim escaped and ran into the doorknob.

The Defendant testified that he walked into the bathroom, wrapped a towel around

his finger, and turned off the bath water. When the Defendant returned, the victim was in

the corner holding his head. The Defendant instructed the victim to come over to him

and told the victim that he needed to stop misbehaving and to “get up in there,” while the

Defendant cleaned up the water in the bathroom. The Defendant said that the victim ran

into the kitchen and vomited on the floor and that he scolded the victim for failing to

vomit in the trash can. The Defendant stated that the victim believed that he was going to

receive another spanking and ran into the bathroom where he slipped, fell, and hit his

head. The Defendant said that the victim‟s eyes rolled in the back of his head but that the

victim “came back.” The Defendant dried off the victim with a towel and noticed a cut

on the victim‟s face. The Defendant laid the victim down in the bedroom, while he

cleaned up the vomit in the kitchen. The Defendant said he checked on the victim and

saw that the victim was sleeping. After cleaning up the water in the bathroom, the

Defendant checked on the victim and believed that the victim was in a deep sleep. The

Defendant stated that when he checked on the victim a third time, the victim was not

breathing.

The Defendant testified that he laid the victim down on the floor and performed

CPR but was unable to revive him. He said he put on the victim‟s clothes, placed the

victim on his shoulder, left the apartment, and placed the victim in the backseat of his car.

After returning to the apartment to retrieve his youngest son, the Defendant said he began

driving toward the hospital. He maintained that he panicked and started to drive toward

his mother‟s home. He then pulled into an alleyway, began crying, and called Ms.

Duncan. He said he then threw the victim into a dumpster and left the scene.

The Defendant stated that he “made up a story” about the victim‟s disappearance

“to cover [his] butt” and “started running with the story.” He acknowledged that he lied

to the 911 operator, the police officers, and the news reporter. He maintained that he was

scared and in shock, was being selfish, and did not know who to trust. He also

-18-

acknowledged that when he placed the telephone calls from the jail, he was trying to

cover up his actions.

The Defendant was in custody when he met with Lieutenant Mullins on July 6.

The Defendant testified that when he questioned why the officers needed his thumbprint,

Lieutenant Mullins grabbed his arm and began twisting it and demanding his thumbprint.

The Defendant said he was scared and “just balled up.” He said that Lieutenant Mullins

punched him in his back, his elbow, and on top of his head and that Lieutenant Goods ran

out of the room to obtain the chemical spray. The Defendant maintained that he provided

his thumbprint when he saw the chemical spray but that the officers sprayed him anyway

and left him crying on the floor.

On cross-examination, the Defendant testified that while he spanked the victim, he

was not responsible for the victim‟s death. The Defendant denied causing the victim‟s

injuries and kicking the victim and said that some of the marks were not on the victim‟s

body when the Defendant put the victim‟s clothes on following his death. The Defendant

also denied that he told the police that he would save up spankings until the victim

misbehaved badly.

The Defendant denied that he refused the officers‟ request for a thumbprint and

placed his hands inside of his shirt. He maintained that the officers removed his shirt

while beating him.

At the conclusion of the trial, the jury convicted the Defendant of felony murder in

the perpetration of aggravated child abuse, felony murder in the perpetration of

aggravated child neglect, aggravated child abuse of a child under the age of eight,

aggravated child neglect of a child under the age of eight, and resisting official detention.

The court merged the two felony murder convictions and the aggravated child abuse and

aggravated child neglect convictions. The trial court sentenced the Defendant to life

imprisonment for felony murder in the perpetration of aggravated child abuse, eighteen

years for aggravated child abuse, and six months for resisting official detention. The

court ordered that the Defendant‟s sentence for aggravated child abuse run consecutively

to his sentence for felony murder and concurrently with his sentence for resisting official

detention, for an effective sentence of life imprisonment plus eighteen years.

ANALYSIS

The Defendant asserts on appeal that the evidence presented at trial was

insufficient to support his convictions. When a defendant challenges the sufficiency of

the evidence, the relevant question for this court is “whether, after viewing the evidence

in the light most favorable to the State, any rational trier of fact could have found the

-19-

essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443

U.S. 307, 319 (1979). On appeal, “„the State is entitled to the strongest legitimate view

of the evidence and to all reasonable and legitimate inferences that may be drawn

therefrom.‟” State v. Elkins, 102 S.W.3d 578, 581 (Tenn. 2003) (quoting State v. Smith,

24 S.W.3d 274, 279 (Tenn. 2000)). Therefore, this court will not re-weigh or reevaluate

the evidence. State v. Matthews, 805 S.W.2d 776, 779 (Tenn. Crim. App. 1990). Instead,

it is the trier of fact, not this court, who resolves any questions concerning “the credibility

of witnesses, the weight and value to be given the evidence, as well as all factual issues

raised by the evidence.” State v. Bland, 958 S.W.2d 651, 659 (Tenn. 1997).

A guilty verdict removes the presumption of innocence and replaces it with a

presumption of guilt. State v. Evans, 838 S.W.2d 185, 191 (Tenn. 1992). The burden is

then shifted to the defendant on appeal to demonstrate why the evidence is insufficient to

support the conviction. State v. Tuggle, 639 S.W.2d 913, 914 (Tenn.1982).

This court applies the same standard of review regardless of whether the

conviction was predicated on direct or circumstantial evidence. State v. Dorantes, 331

S.W.3d 370, 381 (Tenn. 2011). “Circumstantial evidence alone is sufficient to support a

conviction, and the circumstantial evidence need not exclude every reasonable hypothesis

except that of guilt.” State v. Wagner, 382 S.W.3d 289, 297 (Tenn. 2012).

A. Felony Murder, Aggravated Child Abuse, and Aggravated Child Neglect

As relevant to this case, felony murder is the “killing of another committed in the

perpetration of or attempt to perpetrate any . . . aggravated child abuse [or] aggravated

child neglect.” T.C.A. § 39-13-202(a)(2). Aggravated child abuse occurs when a person

“knowingly, other than by accidental means, treats a child under eighteen (18) years of

age in such a manner as to inflict injury” and the act of abuse “results in serious bodily

injury to the child.” Id. §§ 39-15-401(a), -402(a)(1). Aggravated child neglect occurs

when a person “knowingly abuses or neglects a child under eighteen (18) years of age, so

as to adversely affect the child‟s health and welfare” and the act of neglect “results in

serious bodily injury.” Id. §§ 39-15-401(b), -402(a)(1). If the victim is under the age of

eight, aggravated child abuse and aggravated child neglect are Class A felonies. Id. § 39-

15-402(b).

The Defendant asserts that the State failed to establish that he “knowingly”

committed aggravated child abuse and aggravated child neglect. The term “knowing”

refers to a person who acts knowingly with respect to the conduct or the

circumstances surrounding the conduct when the person is aware of the

nature of the conduct or that the circumstances exist. A person acts

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knowingly with respect to a result of the person‟s conduct when the person

is aware that the conduct is reasonably certain to cause the result.

Id. § 39-11-302(b). Aggravated child abuse and aggravated child neglect are classified as

nature-of-conduct offenses and not result-of-conduct offenses. Dorantes, 331 S.W.3d at

386 (citing State v. Hanson, 279 S.W.3d 265, 276-77 (Tenn. 2009); State v. Ducker, 27

S.W.3d 889, 897 (Tenn. 2000). For example, to establish child abuse as a nature-of-

conduct offense, the evidence must be sufficient to establish that “the defendant was

aware of the nature of his conduct when he treated the victim in such a manner as to

inflict injury, and that, in doing so, he acted other than by accidental means.” Dorantes,

331 S.W.3d at 386 (citing Hanson, 279 S.W.3d at 277). “[T]he Tennessee child abuse

and neglect statute is clear that „knowingly‟ modifies „treats‟ or „neglects.‟” Ducker, 27

S.W.3d at 897. To establish aggravated child abuse, “it is the actual act of treating a

child in an abusive manner that must be knowing conduct; a defendant need not know

that his or her conduct will result in serious bodily injury.” State v. Prater, 137 S.W.3d

25, 33 (Tenn. Crim. App. 2003). Likewise, if a defendant knowingly neglects a child so

as to adversely affect the child‟s health and the child suffers serious bodily injury as a

result, the defendant has committed aggravated child neglect, regardless of whether the

defendant knew what the result of the neglect would be. See Ducker, 27 S.W.3d at 897.

The evidence, when viewed in a light most favorable to the State, established that

while the victim was under the Defendant‟s sole custody and care, the victim sustained a

severe head injury, multiple fractured ribs, a lacerated liver, and numerous bruises all

over his body. While the Defendant asserts that the injuries were caused by the victim

falling and running into various objects and during the transportation of the dumpster to

the crime scene offices, the jury chose to reject the Defendant‟s testimony that the

victim‟s injuries were self-inflicted. The jury, rather, credited Dr. Chancellor‟s testimony

during which she rejected any suggestion that the injuries were caused by the victim

running into hard objects as unlikely and her testimony that the majority of the victim‟s

injuries occurred while he was still alive and before he was placed inside the dumpster. It

was within the province of the jury to assess witness credibility and determine the weight

and value to be given to the evidence. Bland, 958 S.W.2d at 659. Moreover, given the

extent and nature of the injuries sustained, the jury could reasonably infer that the victim

would not continue to inflect severe injuries on himself.

The State presented proof that Defendant was angry at the victim‟s mother

because she had not picked up the victim as planned and that the Defendant no longer

wanted the victim to live with him. While the victim sustained injuries, the Defendant

injured his hand, and it began to bleed. A hole or indention was discovered in a door in

the apartment, and the Defendant‟s blood was found in multiple rooms throughout the

apartment. The Defendant offered differing accounts to the police and at trial regarding

-21-

how and when he sustained the injury. Prior to the victim‟s disappearance, neighbors

reported hearing noises from the apartment, sounding as if a fight was occurring. Based

upon the wet mop and the towel with both the blood of the Defendant and the victim that

were recovered from the scene, the jury could reasonably infer that the Defendant

attempted to clean the apartment following the assault. The Defendant drove the victim

to an isolated area and disposed of his body inside a dumpster. While the Defendant

maintained that he placed the victim‟s body in the dumpster because he panicked, the

jury could reasonably infer that he attempted to dispose of the victim‟s body in an effort

to conceal his actions in beating the victim. The Defendant attempted to explain the

victim‟s disappearance by concocting a story whereby he awoke from a nap to find the

victim missing. The Defendant repeated the story to police, neighbors, and the press.

Witnesses reported that the Defendant seemed calm and unconcerned during the initial

stages of the search for the victim.

Based upon the nature and extent of the victim‟s injuries which occurred while

under the victim was under the Defendant‟s sole custody and care and the Defendant‟s

actions in attempting to dispose of the victim‟s body and conceal the offenses, we

conclude that the evidence is sufficient to establish that the Defendant knowingly treated

the victim in such a manner as to inflict injury, that he acted other than by accidental

means, and that the victim died as a result. We also conclude that the evidence is

sufficient to establish that the Defendant knowingly neglected the victim so as to

adversely affect the victim‟s health and that the victim died as a result. Accordingly, we

conclude that the evidence is sufficient to support the Defendant‟s convictions for felony

murder, aggravated child abuse, and aggravated child neglect.

B. Resisting Official Detention

Tennessee Code Annotated section 39-16-602(a) provides:

It is an offense for a person to intentionally prevent or obstruct anyone

known to the person to be a law enforcement officer, or anyone acting in a

law enforcement officer‟s presence and at the officer‟s direction, from

effecting a stop, frisk, halt, arrest or search of any person, including the

defendant, by using force against the law enforcement officer or another.

“Force” is defined as “compulsion by the use of physical power or violence and shall be

broadly construed to accomplish the purposes of this title.” T.C.A. § 39-11-106(a)(12).

The Defendant asserts that the evidence is insufficient to support his conviction for

resisting official detention because he was in custody on other pending charges when the

officers attempted to take his thumbprint in relation to the new charges. An “arrest” is

-22-

defined as “the taking, seizing, or detaining of the person of another, either by touching

or putting hands on him, or by any act which indicates an intention to take him into

custody and subjects the person arrested to the actual control and will of the person

making the arrest.” State v. Crutcher, 989 S.W.2d 295, 301 (Tenn. 1999) (citations

omitted). While an arrest may be affected absent formal works or a station house

booking, “there must be actual restraint on the arrestee‟s freedom of movement under

legal authority of the arresting officer.” Id. at 301-02.

Although the Defendant was already in custody on other charges, Lieutenant

Mullins testified that the new charge of felony murder was considered a new arrest and

required a new arrest ticket, an affidavit of complaint, a bond recommendation, and new

fingerprinting. The Defendant was taken into custody at the jail for a new charge of

felony murder and was subjected to new booking procedures as a result. By refusing to

provide a fingerprint as part of the booking procedure, he was resisting the “arrest” for

the new charges.

The Defendant also asserts that the evidence was insufficient to establish that he

engaged in force. However, the evidence established that he placed his hands and arms

inside of his shirt and swung his elbows and fists in an effort to prevent the officers from

obtaining his thumbprint. We conclude that this evidence is sufficient to establish that

the Defendant resisted the new arrest by force. The Defendant is not entitled to relief

regarding this issue.

CONCLUSION

Based upon our review of the record and the applicable law, we affirm the

judgments of the trial court.

____________________________________

JOHN EVERETT WILLIAMS, JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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