State v. Blakey

203 S.W.3d 806, 2006 Mo. App. LEXIS 1594, 2006 WL 3054659
CourtMissouri Court of Appeals
DecidedOctober 30, 2006
Docket27335
StatusPublished
Cited by28 cases

This text of 203 S.W.3d 806 (State v. Blakey) 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 v. Blakey, 203 S.W.3d 806, 2006 Mo. App. LEXIS 1594, 2006 WL 3054659 (Mo. Ct. App. 2006).

Opinion

PHILLIP R. GARRISON, Judge.

Following a bench trial, Jackie D. Bla-key (“Defendant”) was convicted of second degree murder, a violation of Section 565.021, 1 abuse of a child, a violation of Section 568.060, and two counts of endangering the welfare of a child in the first degree, violations of Section 568.045. Defendant appeals his convictions, contending that the trial court erred in permitting testimony regarding Defendant’s prior acts of violence, and in allowing a State’s witness to testify as an expert. We affirm.

Defendant does not challenge the sufficiency of the evidence supporting his convictions. In the light most favorable to the verdict, the record reveals the following.

*809 In April 2004, two-year-old T.S. (“Victim”), who had been living with his father, began living with his mother, Amy Skiles, (“Skiles”) and her boyfriend, Defendant, in Lampe, Missouri. Initially, Skiles’ sister took care of Victim while Skiles and Defendant were working. However, in May 2004, Defendant became unemployed and took on the responsibility of watching Victim while Skiles was at either of her two jobs.

After Skiles got off of work the morning of May 6, 2004, she took Victim to a garage sale, and then swimming, before going to her job as a waitress. Later that evening, Defendant brought Victim to see Skiles at work, and they had something to eat. While there, Victim was in good spirits, playing and running around, but when Skiles returned home from work that evening, Victim would not leave her presence, which she thought was unusual.

Skiles went to work the next morning, but returned in the afternoon and took Victim to a church garage sale, and then to the grocery store. As they were leaving the grocery store, Victim complained that his “private” area was hurting. When Skiles returned home she checked Victim’s genitals and observed that the area was red, but she did not notice any other bruising on his body. Defendant told Skiles that the area was red because Victim was wetting his pants.

As Sidles was leaving for work that evening, Victim began “screaming and bawling.” This was behavior that she had never observed and she thought it was unusual, but she left Victim with Defendant.

When Skiles returned home from work that night, she noticed a “Bengay” type smell. Defendant met her at the front door and said that he had already put Victim to bed because he was feeling sick, explaining that the dog had knocked Victim down the hill in the backyard. Skiles looked into Victim’s room and saw that he was in his bed wrapped in a sheet. Thinking that nothing was wrong she took a shower and then watched television. Later, she heard Victim whimpering, but Defendant said he was fine.

Skiles fell asleep on the couch, but she was awakened around 4:30 a.m. the next morning when Defendant yelled for her to come into the bedroom. When she did, she saw Victim lying naked near the end of the bed, with a towel and ice cubes placed on his chest. Defendant said that Victim had stopped breathing, and he had placed him under cold water to revive him. Sidles told Defendant that they needed to take Victim to the hospital, but Defendant said they could not do that, and removed the towel covering Victim’s body, revealing bruising on Victim’s abdomen. Defendant said Victim received the bruises when the dog had knocked him down the hill, but they could not take him to the hospital, because they would be suspected of child abuse. He explained that Victim had not been feeling well that night and he had not eaten supper. Defendant said that Victim was naked because it hurt whenever he put clothes on him.

When Skiles reached for Victim, Defendant raised his fist to her, and said “[she] wasn’t taking [her] son to the hospital.” Skiles, who felt threatened, did not take Victim to the hospital, instead she fed him a popsicle which he threw up ten minutes later.

Skiles checked in on Victim the next morning, and then left for work. Later that morning, Skiles’ next door neighbor, Hayden Bridges (“Hayden”), ran into his house and told his older sister, Kelsey Bridges (“Kelsey”), to call 911 because Victim was not breathing. Kelsey called 911 and ran next door taking the phone with *810 her. When she arrived at Skiles’ trailer she saw Defendant leaning over Victim, who was blue and lying naked in front of the door. Hayden and Kelsey took turns speaking to the 911 operator and relaying instructions to Defendant as he administered CPR.

Paramedic Robert Staab (“Staab”) received a dispatch informing him that a two-year-old had drowned in the bathtub. He arrived with the ambulance at 11:06 a.m., finding Victim pale and lifeless. Upon observing bruising on Victim’s chest, abdomen and legs, Staab believed that he was dealing with an abuse situation. As he was trying to get Victim to start breathing, Staab asked Defendant if Victim had been in the tub, and Defendant said that Victim had gone to get something to drink and then “layed [sic] down, and stopped breathing.” Staab and his partner started CPR and compression. Staab, who hooked Victim up to a heart monitor and determined that Victim’s heart had not been beating for up to ten minutes, administered drugs to Victim and was able to get his heart to start beating again. Victim was then transported by helicopter to St. John’s Hospital (“Hospital”) in Springfield.

Sergeant Tony Stephens (“Sergeant Stephens”) of the Stone County Sheriffs Department was dispatched to Defendant and Skiles’ home in reference to a possible child drowning. After arriving at 11:18 a.m., Sergeant Stephens asked Defendant what had happened, and was told that Victim had laid down, turned a “funny color” and then stopped breathing. Defendant told Sergeant Stephens that he ran cold water over him in the bathroom in an attempt to revive him. When Staab pointed out the bruising on Victim’s body to Sergeant Stephens, Defendant volunteered that the dog had knocked Victim down in the backyard the day before. Sergeant Stephens observed vomit in the bathroom, on a pair of blue jeans and in the front room where Victim was being attended to. He noted that Defendant appeared extremely nervous.

After arriving at the Hospital, Victim was seen by Dr. Christopher Edwards (“Dr. Edwards”) after a CAT scan was performed. When Dr. Edwards reviewed Victim’s CAT scan, he noticed free air and fluids outside of the intestine, which indicated a perforation in the intestine. He also observed “a tremendous amount of bruising across ... his abdominal cavity externally, all the way from the rib cage down to the pelvic bones[,]” as well as bruises on both arms, a “bluing coloration of his skin ... that ... comes from lack of blood flow and lack of oxygenation to the skin[,]” and swelling in the genital area. It was clear to Dr. Edwards that Victim needed immediate surgery if he were to live.

When Victim was taken to surgery, his heart and lungs stopped working, and Dr. Edwards had to administer life-saving drugs. He then opened the chest cavity and performed a cardiac massage to circulate Victim’s blood to his body and to his brain. Once Victim’s blood began circulating again, Dr. Edwards opened up Victim’s abdomen to further assess his injuries. He discovered that a tremendous amount of free air and intestinal contents had leaked into the cavity itself.

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Cite This Page — Counsel Stack

Bluebook (online)
203 S.W.3d 806, 2006 Mo. App. LEXIS 1594, 2006 WL 3054659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blakey-moctapp-2006.