Posted 8:33 am Wednesday, June 24, 2009
Tyler Man Receives 8-Year Sentence For Injuring Toddler
By MALENA OGLES
Staff Writer
Staff Writer
A Tyler man who prosecutors said beat a 19-month-old child was sentenced to eight years in prison Tuesday by a Smith County jury.
Carnell Damond Adighije, 23, pleaded guilty to injuring his ex-girlfriend's son while babysitting.
A jury of seven men and five women in 241st District Judge Jack Skeen Jr.'s court sentenced Adighije after about three hours of deliberation. He faced two to 10 years in prison and was eligible for probation.
Adighije will be eligible for parole after serving 25 percent of his sentence.
The mother of the child Krystal Williams testified she was living in the 2700 block of North Grand Avenue on Oct. 18, 2008, when she called Adighije asking him to baby-sit their infant daughter and her 18-month-old son while she went to work.
When she returned home for an hour-long lunch break her 19-month-old son approached her, crawled into a ball and began crying. She immediately noticed a red bruise on his face and other marks on his body.
"He (Adighije) said he fell on the exercise machine," she said.
Ms. Williams said she saw bruises covering the child's body and after consulting with a friend took him to the emergency room.
Trinity Mother Frances Hospital emergency room physician Ricky Cameron said the child was brought to the hospital with six or seven red marks covering his face, back, forearms and buttocks.
Cameron said the injuries could be consistent with someone being hit, and because of the type of injuries on the child, the hospital contacted Child Protective Services.
He added that while the injuries did not permanently damage the child, "injuries to the head certainly could cause brain damage."
"I did not see any injuries that led me to believe the child needed to stay overnight," he said.
Tyler Police Officer Daniel Forbey was called to the hospital to photograph the child's injuries.
Forbey testified that among the photos he took was one of a "substantial bruise" on the child's left cheek.
"It didn't look like an accident. I have two kids of my own and it looked intentional," Forbey said of the child's injuries. "Someone had done more than a normal spanking,"
Tyler Police Department Detective Michelle Brock, who investigated the case, said Adighije gave officers varying stories as to why the child had marks on his body, finally saying he was "not for sure" what happened.
After Adighije failed to meet with Ms. Brock on several occasions to discuss the child's injuries a warrant was issued for his arrest.
Ms. Brock testified that she received a tip that Adighije was at Ms. William's apartment on North Grand Avenue.
When officer arrived, Ms. Williams told police that Adighije was not in the apartment.
After receiving permission to search the apartment, police found Adighije inside the master bedroom closet and arrested him.
Williams also was placed under arrest and later pleaded guilty to hindering apprehension, a third-degree felony.
"I was upset, angry, hurt, and I didn't understand to be honest. I really wanted to know what happened," she said when asked why she agreed to meet with Adighije.
Ms. Williams testified Adighije told her to lie to the police when they asked if he was in the apartment.
Ms. Williams said after the beating, Child Protective Services placed her son in speech therapy because he was "not talking like a normal 2 year old."
After questioning, Ms. Williams said she could not be sure that placing the child in speech therapy was related to his injuries.
She said that Adighije was around and had baby-sat her son since he was born and that there were no prior signs of physical violence.
She also said that before the incident her son was a happy baby but now has become combative although she has no idea if the behavior is related to the incident.
Both children are currently in the custody of Child Protective Services.
Assistant District Attorney Guy Conine said that this is not a probation case.
"Can you imagine what that baby was going through the fear he was going through when his mom went to work that morning when the defendant for whatever reason starts beating him up?" he said.
Defense attorney Zach Davis said it would better serve the community to sentence Adighije to the maximum amount of probation where he could continue to be supervised while working, going to school and paying child support, all terms of probation.
Davis asked the jury to also take into consideration that there were no permanent injuries to the child and that Adighije does not have a history of violence toward children.
Adighije's grandmother also testified that her grandson has never been convicted of a felony.
Adighije's prior misdemeanor convictions include evading arrest or detention and two counts of criminal trespassing.
