STATE OF MISSOURI, Plaintiff-Respondent v. SAMANTHA RENEE DILLBECK

CourtMissouri Court of Appeals
DecidedSeptember 7, 2022
DocketSD37195
StatusPublished

This text of STATE OF MISSOURI, Plaintiff-Respondent v. SAMANTHA RENEE DILLBECK (STATE OF MISSOURI, Plaintiff-Respondent v. SAMANTHA RENEE DILLBECK) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE OF MISSOURI, Plaintiff-Respondent v. SAMANTHA RENEE DILLBECK, (Mo. Ct. App. 2022).

Opinion

Missouri Court of Appeals Southern District

In Division

STATE OF MISSOURI, ) ) Plaintiff-Respondent, ) ) v. ) No. SD37195 ) Filed: September 7, 2022 SAMANTHA RENEE DILLBECK, ) ) Defendant-Appellant. )

APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY

Honorable Calvin Holden, Circuit Judge

AFFIRMED

Following a bench trial, Samantha Dillbeck (Defendant) appeals from her

conviction of the class B felony of abuse of a child. See § 568.060.1 Presenting one point

on appeal, Defendant challenges the sufficiency of the evidence to support her conviction.

Finding no merit in her point, we affirm.2

1 All statutory references are to RSMo (2016). All rule references are to Missouri Court Rules (2021). 2 Defendant was also convicted of operating a child-care facility without a license, for which she was fined $250. See § 210.211. Defendant does not challenge that conviction on appeal. Factual and Procedural Background

Defendant was charged with abuse of a child for events occurring in March 2017.

After Defendant waived her right to a jury trial, the matter was tried to the court beginning

in March 2021. In a court-tried criminal case, the judge’s findings have the force and effect

of a jury verdict. Rule 27.01(b); State v. Crawford, 68 S.W.3d 406, 408 (Mo. banc 2002).

In reviewing for sufficiency of the evidence, our review is on the merits, regardless of

whether that issue was raised at trial. State v. Claycomb, 470 S.W.3d 358, 361-62 (Mo.

banc 2015). An appellate court considers all evidence in the light most favorable to the

court’s decision and grants the State all reasonable inferences. State v. Lammers, 479

S.W.3d 624, 632 (Mo. banc 2016). Contrary evidence and inferences are disregarded. Id.

We defer to the fact-finder’s “superior position to weigh and value the evidence, determine

the witnesses’ credibility and resolve any inconsistencies in their testimony.” State v.

Lopez-McCurdy, 266 S.W.3d 874, 876 (Mo. App. 2008). Viewed from this perspective,

the following evidence was adduced at trial.

Defendant ran an unlicensed, in-home daycare facility in 2016 and 2017. One of

the five or six children placed in her care was G.B. (Victim), who was born in July 2016.

Victim started attending Defendant’s daycare in October 2016, when he was approximately

three months old.

Victim was a happy, healthy child until December 2016, when he was diagnosed

and treated for strep throat. Then in January 2017, Victim began projectile vomiting every

morning. Victim’s mother (Mother) was very concerned and took Victim to see his

pediatrician “very frequently” between December 2016 and March 2017 because of the

vomiting issue. She was advised that Victim had a virus and to keep him hydrated with

Pedialyte.

2 On March 10, 2017, Victim vomited when Mother picked him up from daycare.

Mother took him to urgent care, where he was diagnosed with acid reflux and prescribed

medication.

March 10th was the Friday before spring break, and Mother, a schoolteacher, kept

Victim home with her the following week. Victim was not in Defendant’s care during that

time, and his vomiting resolved that week, although he had a cough and a fever. When

spring break ended, Victim went back into Defendant’s care.

March 21, 2017, was the second day after spring break. Mother dropped Victim

off at Defendant’s house and went to work as usual. Victim was “normal” that morning,

and Mother had no concerns about his health. A photo taken on Defendant’s phone showed

Victim awake and alert at 2:54 p.m.

Around 3 p.m. that day, Defendant called Mother. Mother did not answer because

she was in a faculty meeting, but instead sent Defendant a text asking if everything was

okay. Defendant responded, “No.” Mother then called Defendant, who said that Victim

was “having problems breathing.” Mother asked if Defendant had called 911, and when

Defendant said she had not, Mother directed her to call 911.

Mother ended the call and hurried to leave school. In the process, she ran into the

school nurse and asked her to come along. They both drove the short distance to

Defendant’s house, and the nurse took over the 911 call and started providing emergency

care to Victim.

When Mother entered Defendant’s home, she saw Victim lying on his back on the

floor, unresponsive. Paramedics arrived and took Mother and Victim in an ambulance to

the hospital. Once there, Victim was taken to the trauma room.

3 Police also responded to the 911 call. An officer spoke to Defendant, who said that

Victim had been in her care all day, had acted normally, and had had a good day. Defendant

stated that Victim was sitting on the living room floor playing with another child when his

eyes suddenly rolled back in his head. He fell over, hitting his head on the floor, which

was both carpeted and covered by an area rug. Defendant was the only adult present when

Victim was injured.

Victim stayed in the hospital for seven days and experienced seizures while there,

although he had no prior history of seizures. By the end of the hospital stay, Victim was

still completely blind in one eye and partially blind in the other. Victim was no longer

vomiting, however, and he ultimately made a full recovery. He was never again in

Defendant’s care.

The State presented three expert pediatric physicians to testify about Victim’s

injuries and the mechanism that caused them. The three experts who testified were: Dr.

Diane Lipscomb, Dr. Mark Cascairo, and Dr. Jennifer Hansen. Each provided the

following testimony.

Dr. Lipscomb

Dr. Lipscomb, a pediatric and pediatric-critical-care physician, treated Victim at

Mercy Hospital. According to Dr. Lipscomb, Victim’s clinical presentation at the hospital

was of an “acute event” necessitating emergency services. He also had a low heart rate,

“agonal” meaning “irregular and ineffective” respirations, and was not crying or acting

normally. Victim also had seizures while at the hospital.

Victim was referred as a “trauma alert” because the history indicated that he had

suffered a “fall of some sort.” Physicians performed x-rays; blood work; CT scans of

Victim’s brain, chest, and abdomen; and an MRI of his brain. Victim had no bone fractures,

4 and the scans of his chest, lungs, heart, and abdomen were unremarkable. His bloodwork

was normal, indicating that he did not have any bleeding abnormalities or blood conditions

that could have caused his symptoms.

The scan of Victim’s brain, however, showed areas of “acute and subacute

bleeding[,]” which Dr. Lipscomb referred to as subdural hemorrhages, meaning bleeding

beneath the dura layer that surrounds the brain. Dr. Lipscomb identified subacute bleeding

in Victim’s brain scans as evidence of prior brain bleeds.

Victim also had retinal hemorrhages, or bleeding within the retinas, in both eyes.

The hemorrhages were present in multiple retinal layers.3

Dr. Lipscomb testified that Victim’s injuries were consistent with “nonaccidental

or abusive head trauma.” Further, his “life-threatening presentation” was inconsistent with

the report that Victim had fallen backward from a seated position onto a carpeted surface.

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Related

State v. Grim
854 S.W.2d 403 (Supreme Court of Missouri, 1993)
State v. Lopez-McCurdy
266 S.W.3d 874 (Missouri Court of Appeals, 2008)
State v. Hineman
14 S.W.3d 924 (Supreme Court of Missouri, 1999)
State v. Bateman
318 S.W.3d 681 (Supreme Court of Missouri, 2010)
State v. Crawford
68 S.W.3d 406 (Supreme Court of Missouri, 2002)
State v. Chaney
967 S.W.2d 47 (Supreme Court of Missouri, 1998)
State v. Nash
339 S.W.3d 500 (Supreme Court of Missouri, 2011)
State of Missouri v. Christopher C. Claycomb
470 S.W.3d 358 (Supreme Court of Missouri, 2015)
State of Missouri v. Blaec James Lammers
479 S.W.3d 624 (Supreme Court of Missouri, 2016)
State v. Pritchett
39 S.W.2d 794 (Supreme Court of Missouri, 1931)
STATE OF MISSOURI, Plaintiff-Respondent v. CHRISTA ELAINE MUELLER
568 S.W.3d 62 (Missouri Court of Appeals, 2019)

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STATE OF MISSOURI, Plaintiff-Respondent v. SAMANTHA RENEE DILLBECK, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-missouri-plaintiff-respondent-v-samantha-renee-dillbeck-moctapp-2022.