Graham v. State

740 S.E.2d 649, 320 Ga. App. 714, 2013 Fulton County D. Rep. 1011, 2013 WL 1165260, 2013 Ga. App. LEXIS 264
CourtCourt of Appeals of Georgia
DecidedMarch 22, 2013
DocketA12A2237
StatusPublished
Cited by4 cases

This text of 740 S.E.2d 649 (Graham v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. State, 740 S.E.2d 649, 320 Ga. App. 714, 2013 Fulton County D. Rep. 1011, 2013 WL 1165260, 2013 Ga. App. LEXIS 264 (Ga. Ct. App. 2013).

Opinion

BARNES, Presiding Judge.

Erica Lashae Graham was indicted for four counts of felony murder, two counts of cruelty to children, aggravated assault, aggravated battery, and making false statements to the police after her three-month-old baby died while in her care. A jury convicted her of four counts of voluntary manslaughter instead of felony murder and of all the remaining charges. The trial court merged the violent offenses into one voluntary manslaughter conviction and sentenced Graham to serve twenty years in prison, followed by five years in prison on the charge of making false statements. She appeals, contending that the evidence was insufficient to sustain the convictions. For the reasons that follow, we agree that the evidence was insufficient to sustain the voluntary manslaughter convictions and therefore reverse them. We conclude, however, that the evidence was sufficient to affirm the convictions for aggravated assault, aggravated battery, cruelty to children, and making false statements. Accordingly, we affirm in part, reverse in part, vacate the sentence, and remand for resentencing in accordance with this opinion.1

Viewed in the light most favorable to the verdict, the evidence established that on January 6, 2009, police and emergency medical technicians found Graham’s three-month-old baby dead shortly after Graham called 911 at 9:44 p.m. Graham gave conflicting accounts of the events preceding the baby’s death, first telling police that she lived alone with the baby and her other daughter at their apartment, that she had picked up the baby from the baby’s father earlier that evening at a gas station, that she had no contact information for the father, and that she had put the baby to sleep in her playpen when she came home. However, Graham actually lived with the baby’s father, whom she initially misidentified to the police. The father had put the baby to bed around 5:30 p.m. and left the apartment around 7:00 p.m. that evening, leaving Graham alone with the baby and the couple’s two-year-old daughter.

Graham’s neighbor testified that she heard a knock at her door around 9:30 the night the baby died, but no one was there when she answered it. She heard crying in Graham’s apartment and knocked on her door. Graham opened the door and asked if she could use the neighbor’s cell phone because “her baby had died.” The neighbor retrieved her cell phone from her own apartment, gave it to Graham, [715]*715and followed her upstairs to the baby’s room. Graham called someone and asked if he or she had seen “Mitchell,” who was later identified as the baby’s father, and the neighbor “let her know” she needed to end that conversation and call 911.

Graham then called 911 at 9:42 p.m. and gave the phone to the neighbor to speak to the dispatcher, who advised the neighbor to perform CPR on the baby. The neighbor testified that she felt no pulse and that the baby was cold, so she did not try to resuscitate her. Later that evening, the neighbor saw an unsent message in her cell phone’s outbox to an unfamiliar number. The message read, “If they asked, Justin was the father.”

A police officer who was dispatched to the scene with the paramedics testified that the baby was lying face up on the floor in an upstairs bedroom when they arrived at 9:48 p.m. She had no apparent injuries, and because the death appeared to be from natural causes, the officer covered her with a blanket and began interviewing Graham in anticipation of completing a standard deceased person report. Graham told the officer that she had picked up the baby from the baby’s father, “Justin Wallace,” at a gas station at 5:15 p.m. that day, although she later admitted that she lied about the father’s name. The child had been born prematurely and because her breathing was loud and labored, Graham told the officer that she knew the baby was alive when she picked her up from the father and put her to bed at 5:30 p.m., even though she was asleep. She also heard the baby breathing when she checked on her at 7:00 p.m., but when she checked again around 9:30 p.m., she heard nothing, and the baby was cold.

After a paramedic confirmed that the baby had passed away, the officer testified, Graham seemed upset for the first time and told the officer she did not know what the baby and father had been doing during the day. Graham could not provide the officer with contact information for the baby’s father. A forensic investigator from the Gwinnett County Medical Examiner’s office responded to the scene and also interviewed Graham. Graham again lied and said the child’s father was “Justin Wallace” and that he had kept the child at his apartment in Lawrenceville that day. She said she did not know his address because he had just moved, and he did not have a telephone. She told the investigator that she picked up the child from the father at a gas station and took her home, then recounted the rest of the evening as she had to the police officer.

The medical examiner performed an autopsy the next day. She testified that, although the only external sign of injury was a small hemorrhage in the baby’s left eye, an internal examination revealed multiple lateral and posterior rib fractures, some as old as three [716]*716weeks and others closer in time to her death. These fractures were not accidental, but were caused by someone squeezing the baby’s chest. The baby’s femur had been broken from trauma such as grabbing or pulling the leg, also around the time she died. Further examination revealed swelling in her brain, retinal hemorrhages in both eyes, and subdural hematomas and clotted blood under her skull, which were markers for the type of injury she had suffered. In the examiner’s opinion, the brain injury was caused by a significant rotational force from either an impact or a shaking, and the baby died “within minutes to hours” of receiving the trauma that caused her death.

Graham’s mother called the medical examiner’s investigator the day of the autopsy and correctly identified the child’s father as Mitchell Siegler, not Justin Wallace, as Graham said the night the baby died. Graham’s mother told the investigator that Graham and the father had moved into the apartment together five days before the baby died, and that the father had been present earlier that evening. She also called the detective assigned to the case “to clear up the whole story,” and told him that Graham had lied about the father’s identity because the father was on probation and she did not want him to get in trouble. She testified that the Department of Family and Children Services had become involved with the family when the baby was born prematurely with marijuana in her system, and that the baby had issues with her underdeveloped lungs. After two months in the hospital, the baby was released on December 12, 2008, to live with Graham and Graham’s mother. Graham was supposed to “get herself together, get off drugs,” and she and the baby’s father traded off taking care of the baby and her sister.

Both grandmothers testified that they had seen red spots in the whites of the baby’s eyes at the end of December 2008 and had encouraged Graham and the father to take the child to a doctor. The father’s mother, who worked at a daycare facility, testified that she had seen the balay twice the day she died. At lunch she had been alert and later that afternoon she was asleep in the car. She knew the baby was alive then because she could hear her loud, raspy breathing.

The father testified that he and Graham had two children, and that he had taken care of the baby all day.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dijoun Drake v. State
Court of Appeals of Georgia, 2022
Taylor v. the State
771 S.E.2d 224 (Court of Appeals of Georgia, 2015)
Eddie James King v. State
Court of Appeals of Georgia, 2014
King v. State
755 S.E.2d 22 (Court of Appeals of Georgia, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
740 S.E.2d 649, 320 Ga. App. 714, 2013 Fulton County D. Rep. 1011, 2013 WL 1165260, 2013 Ga. App. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-state-gactapp-2013.