Tuesday, July 14, 2009

Babysitting boyfriend accused in beating death of toddler (Anderson Creek, North Carolina)

Babysitting boyfriend ANTONIO GLENWOOD BYRD is accused in the beating death of his girlfriend's toddler daughter. Needless to say, Mom was working.

http://www.dunndailyrecord.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=108666&TM=39646.15

7/13/2009 10:57:00 AM

Trial Begins In Child Murder Case

Reece Murphy Reporter

The trial of an Anderson Creek man charged in connection with the death of his girlfriend's toddler began Friday afternoon with opening statements and testimony from the crime scene investigator and the child's mother.

Antonio Glenwood Byrd, 26, is charged with first-degree murder for the July 2, 2007, death of 2-year-old Miracle McLean.

Mr. Byrd, then the boyfriend of the child's mother Sheteka McDougald, was charged after he took the unresponsive toddler to the Anderson Creek Fire Department saying she had drowned.

An autopsy later revealed the girl had actually died from internal bleeding associated with blunt force trauma to the abdomen. The autopsy also revealed the child had suffered blunt force trauma to the head and was recovering from a fractured right shoulder at the time of her death.

The prosecution, represented by Assistant District Attorneys Davis Weddle and Teresa Postell, framed their short opening statement on an emotional appeal based on the little girl's death and Mr. Byrd's alleged actions that morning.

"Beaten," Mrs. Postell began, pausing to let the word sink in, "and bleeding so badly internally that she would never take another breath."This case is about the defendant Antonio Byrd and the victim Miracle McLean," she said. "Miracle had a beautiful name ... On the evening of July 1, 2007, that was the last time she saw her mother."

Mrs. Postell went on to say that Miracle was fine when her mother left for work at the Waffle House in Spring Lake a little before 9 a.m. July 1. According to later statements by defense attorney Tony Buzzard, Mr. Byrd had already left for his 7 p.m. to 7 a.m. shift at the General Shale Brick Plant in Moncure, more than 40 miles away from the couple's home on Jersey Lane in Anderson Creek. Miracle and her 3-year-old sister were left over night in the care of Mr. Byrd's father, Glenwood Byrd.

Mrs. Postell said Mr. Byrd beat the child after returning home from work the morning of July 2. She said Mr. Byrd didn't bother to call 911."He put her in the car. But Miracle didn't go to the hospital," Mrs. Postell said. "The defendant didn't take her to the hospital because it was a holiday weekend and because the defendant didn't have a license and didn't want to get a ticket."

First he went to a relative's house where the defendant's father - the defendant's father - took Miracle to the fire station he'd just driven by," she said. "She was fine when she was left with the defendant."

Mr. Buzzard's opening statement consisted of three main points, that Miracle was in the care of Mr. Byrd's father all night, a man who had a motive in maintaining Miracle was fine when he left her with his son; that his client is mildly mentally retarded with an IQ of 64 and as a result unable to handle emergencies well; and that the time line of events versus the time it would have taken for Miracle to die of her injuries vindicate his client.

"I'm going to write some times down for you," Mr. Buzzard said. "I want you to pay particularly close attention to these times because they are important."

According to Mr. Buzzard, the medical examiner who conducted the autopsy said the child's injuries had to have been inflicted approximately 30 to 45 minutes up to approximately six to eight hours before her death.

Mr. Buzzard said he would show how Mr. Byrd was sent home and clocked out of work around 5:14 a.m. when a machine broke down on the production line where he worked. He said Mr. Byrd called his father to come pick him up and by the time he left work it was around 6.

Mr. Buzzard said on the way home, Glenwood Byrd took his son to the temp office in Sanford through which he worked so that Mr. Byrd could drop off his time card finally arriving home and he and the two girls were left at the home at 7 a.m. He said Glenwood Byrd dropped his son and the children off and left abruptly and quickly.

"That creates a window of opportunity between 7 to 7:09," Mr. Buzzard said. "In that time Tony Byrd would have had to walk into that house, become enraged and beat Miracle McLean so bad that she died nine minutes later."

Mr. Buzzard said when his client arrived home, he put the girls in the bath but didn't realize the child was lethargic.

He said when Mr. Byrd stepped away to get the child some clothes, he came back and found her head was under water. He said his client panicked and went to find his father because he didn't know what to do.

He said he caught up with his father at a store in the area. The two took Miracle to a friend's house nearby and finally on to the nearby Anderson Creek Fire Department where they arrived at 7:14 a.m.

After emergency workers failed to resuscitate Miracle, she was taken to Womack Army Medical Center where she was pronounced dead.

"I ask you to keep an open mind and keep an eye out for those times I gave you," Mr. Buzzard said. "When you do, I ask you to return a not guilty verdict."

Following an afternoon break, the prosecution continued its case with testimony from the crime scene investigator and the child's mother, Sheteka McDougald, who told jurors about how she found out Miracle had died."

He said he dropped her off at the fire department and he said she had drowned," she said. "When he said she had drowned, I kind of thought she had died because when you say somebody drowned they're dead."

"What did he (Mr. Byrd) say about himself?" Mrs. Postell asked.

"That he was going to jail," Ms. McDougald said.

The case continues today with cross examination of Ms. McDougald by the defense.