State v. Thompson

802 S.E.2d 623, 420 S.C. 192, 2017 WL 1955307, 2017 S.C. App. LEXIS 43
CourtCourt of Appeals of South Carolina
DecidedMay 11, 2017
DocketAppellate Case No. 2014-001198; Opinion No. 5485
StatusPublished
Cited by4 cases

This text of 802 S.E.2d 623 (State v. Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Thompson, 802 S.E.2d 623, 420 S.C. 192, 2017 WL 1955307, 2017 S.C. App. LEXIS 43 (S.C. Ct. App. 2017).

Opinion

GEATHERS, J.:

Appellants, Courtney Shante Thompson (Mother) and Robert Antonio Guinyard (Father), were tried jointly and convicted of homicide by child abuse (HCA) and unlawful conduct toward a child. They now seek review of their convictions, arguing the trial court erred in denying their respective motions for a directed verdict on each charge because the State failed to present substantial circumstantial evidence of guilt. Appellants also challenge the admission of photographs of their son (Victim) pursuant to Rule 403, SCRE, arguing any probative value the photographs may have had was substantially outweighed by the danger of unfair prejudice.1 We affirm.

[197]*197FACTS/PROCEDURAL HISTORY

At approximately 6:15 p.m. on July 1, 2013, Richland County Emergency Medical Services received a call to respond to a cardiac arrest at Appellants’ home. When first responders arrived at the home, they found Victim, a four-year-old boy, lying on the floor in the living room. He was wearing jeans, but no shirt. Victim was not moving or breathing, he had no pulse, and he was cold to the touch. A paramedic cheeked Victim’s heart for electrical activity, but tragically, she found none. Subsequently, investigators from the Richland County Sheriffs Department found Victim’s blood on the walls of the living room, hallway, and rear bedroom as well as on a white metal pipe that also had Father’s blood on it.2

Mother gave her first statement to police at 9:45 p.m. on July 1, 2013. In her statement, she indicated that she went to Richland Memorial Hospital on June 29, 2013 to give birth to another child and was discharged from the hospital on July 1, 2013 in the early afternoon. She further indicated that after she arrived home, she discovered Victim had wet the floor in the play room. She alleged Victim was autistic and would soil and wet his surroundings. She also alleged she got in the shower and started washing off when she “heard a loud noise like a tumbling fall.” She stated she got out of the shower and found Victim on the floor in the play room with his feet toward the dresser. She further stated,

He was crunched up and his body was stiff. His butt was up in the air[,] and he was [kind of] on his head. ... He was biting his lip hard. ... When I popped his lip out from his teeth to keep him from biting it off[,] he went flat on me. He just dropped. ... He was not responding. ... I picked [Victim] up like he was a baby and took him to the front room (living room). Blood was coming from his lip. I had blood on my hand and went to my room to get my phone off the floor. I called 911, They told me how to do CPR. I did what he told me. ... When [the ambulance] got there[,] they put something on his chest[,] and they did not do nothing. They just said that he was gone.

[198]*198Father also gave a statement to police on July 1, 2013. He alleged he was cooking dinner earlier that evening when he heard a “boom.” Mother allegedly came down the hallway with Victim in her arms and Victim “was in and out.” Father further alleged that after Mother called 911, he hid in a closet with the new baby because he was afraid the baby would be taken away.

On July 2, 2013, Dr. Amy Durso, a forensic pathologist, performed Victim’s autopsy and reported the cause of death as “[efctensive soft tissue hemorrhage and bleeding ... due to multiple acute and healing blunt force injuries due to non-accidental trauma.” Later that day, police investigators went over the autopsy results with Mother, who then gave a second statement, explaining to investigators that her first statement “was not the truth.” Mother alleged that when she came home from the hospital, she found Victim naked, lying in a puddle of urine, and “very weak.” Victim allegedly was drinking water “like he had not had water in days. ... His feet, legs, knee, butt, and arms were swollen and kind of blue. [Victim] was just out of it.” Mother further alleged that after she went to take a shower, she heard Victim

crying like he was in pain and getting hit. I jumped out of the shower. [Victim] was stretched out on the floor in my room. I stood [Victim] up and he dropped to his knees. [Victim] was breathing funny. [Victim] fell to the floor. ... [Victim] was walking down the hall[,] and he collapsed after taking about three steps. [Victim] balled up[,] and it looked like he was having a seizure. ... I talked [to Victim] that morning at around 11 [a.m.] and my son told me that he was beaten with a pole. ... When I got home[,] I saw blood flecks on the walls in the play room[,] [o]n the walls in the [hallway,] and on my room door. There was blood on the closet door in my room[,] and the door had a hole in the middle. There was blood in the carpet.

Later that evening, Appellants were arrested and charged with HCA and unlawful conduct toward a child.

On July 5, 2013, Victim’s paternal grandmother, Patricia Guinyard, asked police to accompany her to Appellants’ home to collect some clothes for Father and Appellants’ newborn child. According to the police investigators accompanying Mrs. [199]*199Guinyard, she was going through a large pile of clothing in Appellants’ master bedroom closet when she found a child’s size 5 shirt, still wet with blood, buried in the pile. DNA testing indicated the blood on the child’s shirt was Victim’s blood.

Appellants were tried together on May 19-28, 2014. At trial, the State presented the testimony of Dr. Olga Rosa, a forensic pediatrician who was qualified as an expert in child abuse pediatrics. Dr. Rosa reviewed Victim’s medical records from his birth on April 18, 2009 through September 11, 2012, his last known doctor visit. Dr. Rosa also reviewed Victim’s developmental records and genetic counseling records, photographs relating to Victim’s death, and Dr. Durso’s autopsy report. Dr. Rosa testified that the Department of Social Services (DSS) placed Victim in foster care on June 19, 2009, when he was only two months old, and DSS returned Victim to Appellants’ care on April 6, 2012. According to Mother, DSS placed Victim in foster care because of an incident in which Victim almost fell out of the vehicle she was driving.

With the exception of some initial instability, Victim thrived during his time in foster care. Dr. Rosa stated that Victim was not autistic. She explained that Victim failed an autism screening test at his eighteen-month well-child checkup merely because he was having speech difficulties at the time, which is common for children in foster care. Dr. Rosa also stated that by March 2012, Victim was “growing well.” Dr. Rosa reported,

His growth parameters [were] great. ... He [was] toilet trained, and he [was] speaking ... in two to three word sentences, complete sentences. He [was] interacting. He [was] socialized ... he [had] what we call social [adaptive] skills, so he [could] interact with same age peers, with adults, with his teachers at the level of almost a three-year-old.

However, soon after DSS returned Victim to Appellants in April 2012, he began regressing. Denise Jones, Victim’s last foster mother, testified she spoke to Mother over the telephone a couple of days after DSS returned Victim to Appellants. Mother told Jones that Victim would not use the bathroom. Jones told Mother that Victim was using the bathroom when he was living with her and asked Mother to let her know [200]*200if she needed any help. However, Jones never heard from Mother again.

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Bluebook (online)
802 S.E.2d 623, 420 S.C. 192, 2017 WL 1955307, 2017 S.C. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thompson-scctapp-2017.