Jones v. State

820 S.E.2d 696, 304 Ga. 594
Supreme Court of Georgia·Decided October 22, 2018·No. S18A0775·Published·Cited by 40 cases

Opinion

Warren, Justice.

*698**594Rico Jones was found guilty of felony murder, five counts of cruelty to children in the second degree, and one count of possession of marijuana in connection with the drowning death of Camyria Arnold.1 Jones contends that the evidence was insufficient to sustain his convictions and that the trial judge erred by expressing an opinion about the evidence in violation of OCGA § 17-8-57. We agree that the evidence was insufficient to support Jones's convictions for cruelty to children in the second degree by smoking marijuana in the children's presence, and we reverse the convictions for those three counts. The evidence was legally sufficient to support the jury's guilty verdicts on the remaining counts, however, and we identify no violation of OCGA § 17-8-57. We therefore affirm Jones's remaining convictions.

1. Viewed in the light most favorable to the jury's verdicts, the evidence presented at trial showed the following. On December 26, 2010, at around 7:00 a.m., Jones drove his girlfriend, Porsha Harper, to work at a Waffle House. The two had one child together, one-year-old P.J., who rode in the car with Jones when he took Harper to work. Harper also had two other children, three-year-old Camyria and **595five-year-old N.H., whom Jones left at home asleep in the family's Albany apartment.

A few hours after Jones dropped Harper off, Jones returned to the Waffle House with N.H. and P.J. in the car and told Harper that he had taken Camyria to the hospital. Jones told Harper that when the children got up that morning, he discovered that Camyria and N.H. had wet the bed. He disciplined the two children by spanking them with a belt and then gave them a bath. After the children got out of the bath, Jones told Camyria and N.H. to lie down for a nap. Jones then fell asleep for "five to ten minutes" before waking up to P.J. crying. When he woke up, Jones said, he noticed Camyria walking strangely, as though she were dizzy or drunk, and she looked drowsy. As Jones explained it, he thought Camyria might have swallowed some medicine, so he put his finger down her throat and she threw up a little bit of water and red fluid. Jones said that he then held Camyria under a cold shower for one or two seconds to try to wake her up. He said that Camyria seemed more alert for a few minutes, but then began acting drowsy again, so he rushed her to the hospital.

Upon arrival at the hospital, Camyria was unresponsive, barely breathing, and had a core body temperature of 91 degrees, indicating that her body was shutting down and she was "about half dead." Her eyes were fixed and dilated, suggesting significant brain injury. The attending physician, Dr. Raymond Gutierrez, heard "rales" or crackling sounds when he listened to her breathing, indicating that she had fluid in her lungs. Camyria vomited a pink-tinged watery emesis, which *699also can be a sign of fluid overloading the lungs.2 Dr. Gutierrez ordered a CT scan, which showed swelling of the brain, and a chest x-ray, which showed inflammation and "infiltrates" (foreign matter) in the lungs. Blood tests showed that Camyria had a critically low sodium level. She had fresh purple-and-red linear bruises on her inner left thigh and outer right thigh and hip, and also had fresh bruises on her abdomen.

When Harper arrived at the hospital, she noticed what looked like belt marks on Camyria's thighs. She told Jones that he had whipped Camyria too hard. Camyria's grandmother, who had come to the hospital, also noticed bruises on Camyria's neck, legs, arm, and chest. The grandmother had checked Camyria for bruises the day before, as she did every time she saw Camyria, and had found none.

When Dr. Gutierrez asked Jones what had happened, Jones's responses were evasive and his demeanor was "stoic" and "flat"; he did not seem upset. Jones told Dr. Gutierrez that he had put Camyria **596in the bathtub with her sibling and then had fallen asleep. Dr. Gutierrez asked if Camyria had swallowed anything or been sick before Jones brought her to the hospital, and Jones responded that she had not. After Harper arrived at the hospital, Dr. Gutierrez told Harper and Jones that Camyria probably would not survive. Harper was very upset, but Jones did not respond. Because the hospital in Albany was not equipped to care for critically ill children, Camyria was transferred to a hospital in Macon, where she passed away on December 27, 2010.

Dr. Yameika Head, an expert in Child Abuse Pediatrics, examined Camyria's body at the hospital. Dr. Head found unusual rectangular-shaped bruises on Camyria's outer left thigh and the left side of her neck. She also found a deep bruise on the outside of her right thigh and bruising on the inside of both thighs, which is a part of the body where children do not usually get bruises. Dr. Head also reviewed Camyria's medical records and discussed the child's history with Camyria's biological father and paternal grandmother. Based on all of this information, Dr. Head was "very concerned" that Camyria had suffered "inflicted trauma or child abuse, until proven otherwise."

A Georgia Bureau of Investigation medical examiner, Dr. Melissa Sims, performed an autopsy on Camyria. Dr. Sims determined that Camyria's death was caused by complications from asphyxia, which means that the body is unable to receive or use oxygen. Camyria's inflammation of the lungs, brain swelling, and low sodium level all were consistent with an asphyxial event. Forms of asphyxia include, among others, hanging, strangulation, choking, drowning, smothering, and positional asphyxia. In Dr. Sims's opinion, the most likely asphyxial event in Camyria's case was drowning. A freshwater drowning, which can occur in a bathtub, will cause water to pass through the membranes of the lungs and into the blood supply, diluting the blood and lowering a person's sodium level. Dr. Sims determined that the manner of death was homicide, and that Camyria would have had to be submerged from one to three minutes to deprive her of oxygen long enough to cause the injuries seen during her autopsy.

At trial, Dr. Gutierrez testified that his clinical impression was that Camyria had been drowned by being submerged and held under water. He testified that a neurologically typical three-year-old who fell in water would push herself up out of the water and would not simply lie in the water and drown. Dr. Gutierrez acknowledged that a very low sodium level was a dangerous and potentially fatal condition for a child, and that a sodium level that low could cause swelling of the brain. He also agreed that low sodium could cause a child to appear drowsy or drunk, but explained that splashing cold **597water on a child in that condition would not cause her to improve, even for a few minutes.

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Jones v. State, 820 S.E.2d 696, 304 Ga. 594 (Ga. 2018).

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