Justin Payne Claims Gf's 2yo Killed By A Pop Tart, While Out On Parole For Breaking 8wo's Skull

[Forensicwx]

The Montgomery County Prosecutor’s Office has approved charges of murder, involuntary manslaughter and 2 counts endangering children against Justin Payne....

The Montgomery County Coroner’s Office confirmed that Jacob Barker, 2, of Dayton, died at Dayton Children’s Hospital of injuries received on Saturday.

Justin Payne, 26, called 9-1-1 around 10:40 a.m. Saturday from an apartment on the 4900 block of Woodman Park Drive, saying that Jacob was unresponsive. He told a dispatcher his girlfriend’s son may have choked on a Pop Tart. He remained on the line with a dispatcher, who instructed him to begin CPR, for more than seven minutes until medics arrived.

However, shortly after 8 p.m. Saturday, police arrested Payne on suspicion of aggravated felonious assault, according to the police report.

And of course..

Until November 2014, Payne was an inmate at the North Central Correctional Institution in Marion, where he served a 2½-year sentence for endangering a child, a third-degree felony. The victim in the case was an 8-week-old infant who suffered serious injuries in January 2011 as a result of Payne’s actions, according to Montgomery County court records.

According to the state’s sentencing memorandum from May 2012, Justin Payne caused “devastating injuries” to a defenseless child in January 2011.

According to witnesses quoted in the memo, Payne “took the baby upstairs and shortly thereafter they heard a loud banging and the baby screaming. Defendant (Payne) caused a fracture to the baby’s skull, broken ribs and a broken ankle.”

Montgomery County Prosecutor Mat Heck Jr. asked for the maximum penalty of 36 months in prison. The judge sentenced Payne to 30 months. He was released Nov. 10, 2014, and according to the Ohio Department of Corrections online records, was set for three years of post-release control.

Payne had been out of prison for less than a year prior to this incident, according to Montgomery County court records. He is currently on probation.

http://m.whio.com/news/news/crime-law/dayton-man-held-in-reported-assault-on-child/nnGQy/

 

[LurkinLion]

Why would we ever allow anyone who has brutally beaten a newborn to walk free? What can he possibly have to offer society? He can't have any decency, compassion, or humanity. He can't have any self-control. He can't be trusted to be around humans or animals. What was letting him go supposed to achieve?

 

[Cameray]

Jacob Alan Barker - Source

 

[Pete Bondurant]

Every individual involved in granting this person parole...should be publicly flogged and then imprisoned.

 

[cubby]

Killer Pop Tarts, the things you learn at the DD.

 

[Krystal]

What kind of fucking window-licker lets some abusive asswipe around their children?

Goddamn it, Google exists, use it. He was in PRISON for breaking a baby, there would be records of that. FFS, check someone out before you let them around your children, especially alone.

 

[Alf]

He looks like the kind of ineffectual douche rocket that would have to beat on a kid because somebody his own size would hand him his ass.

--Al

 

[Felys2]

I saw a picture on Facebook of this little guy that someone posted, he had bruises and bandages and a swollen eye, no way mom didn't know, just had to have her penis you know!

 

[Oberle]

According to witnesses quoted in the memo, Payne “took the baby upstairs and shortly thereafter they heard a loud banging and the baby screaming. Defendant (Payne) caused a fracture to the baby’s skull, broken ribs and a broken ankle.”

Montgomery County Prosecutor Mat Heck Jr. asked for the maximum penalty of 36 months in prison. The judge sentenced Payne to 30 months.

No. Just fuck no. Someone does that to a baby, and they give him 30 months??? What the hell is wrong with our society? The parents of the current victim should sue the whole damn court system for endangering their children by letting this guy out. And what the f*ck is wrong with Ohio only having a maximum penalty of 36 months for brutalizing an infant.

 

[SimplySpaztastic]

No. Just fuck no. Someone does that to a baby, and they give him 30 months??? What the hell is wrong with our society? The parents of the current victim should sue the whole damn court system for endangering their children by letting this guy out. And what the f*ck is wrong with Ohio only having a maximum penalty of 36 months for brutalizing an infant.

I am RAPIDLY loosing faith in the justice system, and the way sentences are actually served.

For example:
In the state of Colorado, a baby murderer was sentenced in Oct 2010, to a 14 year Department of Corrections sentence, followed by a 5 year period of parole (PLEA BARGAIN: PLED GUILTY to child abuse resulting in death- a class 2 felony. DISMISSED the manslaughter- class 1 felony.)
That 14 year sentence does NOT- in any way, mean she will serve 14 years behind bars.

Nope my friends, not at all...
She was released from prison in June 2014, to a DOC community corrections (halfway house.) After going through the year long program, she graduated on to became "A Non-residential" Community corrections inmate, and was allowed to find an apartment, and live on her own.

Yes..Even though she was sentenced to 14 years, and hadn't completed even HALF of that 14 years. (She actually only served about 3 and a half years in prison.) Yes...Even though the parole board denied her parole this past April..

If and when she is granted parole (not eligable til May 2016 now) as long as she is compliant with the requirements and completes the 5yrs parole, her sentence is then over. So technically she can be FINISHED with her sentence, parole and all before 14 yrs is even up. That is a GOD DAMN shame, and not in ANY way justice for the baby she snuffed out..(who would be starting kindergarten today actually, had he been given a chance) It's sickening and disgusting. Totally disturbing, beyond words even...

My point being, a prison sentence does NOT AT ALL mean that an offender will serve that sentence length of time behind prison walls. As fucked up as it all is, it is the reality of our justice system...

 

[CSI_Mayberry]

The 911 call
Justin Payne: I was using the bathroom, and my girlfriends baby-- I think he choked on a pop tart.
Dispatcher: Okay
http://www.whio.com/videos/news/man-accused-of-assault-on-two-year-old/vDYSpt/


Sounds like other case where the child molester offered pudding pops in exchange for sucking on his tube steak?

 

[Keepalowprofile]

Why would we ever allow anyone who has brutally beaten a newborn to walk free? What can he possibly have to offer society? He can't have any decency, compassion, or humanity. He can't have any self-control. He can't be trusted to be around humans or animals. What was letting him go supposed to achieve?

More pertinent question: why would this mother invite this son of a bitch into her beautiful child's life?
Society as a whole has many flaws.
But a mothers instinct and love for her child should have protected her baby. Its a primal instinct .
A mother that allows a known abuser near her child is flawed to say the least. I think the mother should be charged.

 

[Prettypink513]

Every individual involved in granting this person parole...should be publicly flogged and then imprisoned.

Don't forget the "mother" who allowed this monster to be around her poor little boy

 

[CbabyRKO]

There's a reason I don't read these stories. Coz stupid bitches like the mom somehow always find an abusive dick to kill their babies.
Fuck this bitch with a broken plunger handle.
Ugh. Just ugh. Fuck.

 

[robin299]

I wouldnt fuck this guy if they paid me!!! I wouldnt fuck him with anything other then a blowtorch up his ass do anal wit it ...ok enough of my sexual wantings and non wantings will someone please tell me why the hell the mother of this child would choose to be with someone who fucking broke a 8 week old babys skull!!!!!!!!!!!?? @nd bring him around your innocent children you chose to bring into this world who'your supposed to protect!?!?!?!? Ok you wanna be with'him fine !!!but dont bring him around your children now because of your SHITBRAIN IDEA a beautiful little boy is fucking dead because the pos you were fuckin killed him... O fuck i apologize 'the poptart did it well in prison they can nickname him poptart as they fuck his skull up and buttrape you on the daily! Maybe he was really speaking in the third person and his original nickname in prison'really was poptart so he was secretly admitting he did it!!! Well now his new name is poptart!! Fuck'you poptart! Just DIE i hope the judge/jury feels soo SHITTY and realise this fucker needs to be dead

 

[Sassedame]

Ok, just a thought, since we dont know this child's injuries just the baby before, from what I read, the article said 911 coached him through 7 minutes of CPR, can't that break ribs? EMTs? What if his past fucked him and the POS didn't do it this time? Doubt it but 7 minutes of inexperienced CPR on a child? I want to know the injuries..

 

[Forensicwx]

The 911 call
Justin Payne: I was using the bathroom, and my girlfriends baby-- I think he choked on a pop tart.
Dispatcher: Okay
http://www.whio.com/videos/news/man-accused-of-assault-on-two-year-old/vDYSpt/


Sounds like other case where the child molester offered pudding pops in exchange for sucking on his tube steak?

I'm certainly not defending this piece of shit. But neither his history nor the charges include any type of sexual offenses, so while he remains a waste of oxygen, I think it's a stretch to say he's a child molester. Just a child murderer.

 

[bigmtn]

Jacob Alan Barker - Source

Oh no he looks just like my grandson. Sometimes this crap hits me harder that others. I want to do very horrible things to the monster who stole this boys life. WTF is going on in this world. I can't kill a baby spider for crying out loud. I can't wrap my head around this right now. FFS!

 

[bigmtn]

I saw a picture on Facebook of this little guy that someone posted, he had bruises and bandages and a swollen eye, no way mom didn't know, just had to have her penis you know!

Karma please take mom down. Thank you!

 

[Cameray]

Additional links that might be of interest...

Here’s Jacob’s Obit...

Obituary | Jacob Alan Barker | George C. Martin Funeral ...

Jacob Barker (2013 - 2015)

FAIRBORN - Jacob Alan Barker, 2, of Dayton, passed away Sunday, August 9, 2015.He was born in Dayton on June 2, 2013. Preceded in death by his grandfather, Billie Barker. Survived by his mother, Christina Smith; father, Jesse A. Barker (Amanda); sister, Teegan; brother, Jonah; maternal grandparents, Lisa & Doug Gaffney; paternal grandparents, Randy & Tammy Jenkins; maternal great grandparents, Connie & Jerry Leo, Doris Gaffney; paternal great grandparents, Barbara Green, Harlo & Linda Jenkins; paternal great great grandmother, Maggie Stockert; aunts, Chelsea, Stephanie & Leah; uncles, Joseph & Forrest; numerous other extended family & friends. Funeral service 1 p.m. Thursday, Aug. 13, 2015 at Fairborn Enterprise Baptist Church, 1614 Stewart Blvd., Fairborn, OH 45324. Pastor Bobby Jenkins, officiating. Interment Byron Cemetery. The family will receive friends Thursday 11 a.m., prior to the service, at the church. Arrangements by the George C. Martin Funeral Home, Dayton. Condolences can be shared www.georgecmartinfuneralhome.com.

And two separate GoFundMe accounts were started for Jacob...

Justice for Jacob by Mindy Marie Howard - GoFundMe (gofundme account for father)

Justice for Jacob by Susan Stahl - GoFundMe (gofundme account for mother)

Under comments...

I have donated to the father's gofundme, but I would like to know were the mother was while this was going on before a make donation to her page. I feel very bad for the father and I have had him in my prayers.

 

[aspork666]

I remember this sick cock fucker.
Ohio when will you stawwwwp!

 

[Nell]

Together they have raised almost $15,000. That's more than enough profit off a dead child, and past what they need to bury him. Gofundme should shut that shit down.

 

[Krystal]

the article said 911 coached him through 7 minutes of CPR, can't that break ribs? EMTs?

The way I was taught was this: If done properly CPR will break ribs.

I've broken numerous, even a sternum once on a very frail elderly woman (who should have had a fucking DNR, sorry).

That said, I've done CPR more times than I ever wanted to on children and never once broke any ribs.

Could CPR have broken ribs? Yes, but so could him beating the child so...

 

[Sassedame]

The way I was taught was this: If done properly CPR will break ribs.

I've broken numerous, even a sternum once on a very frail elderly woman (who should have had a fucking DNR, sorry).

That said, I've done CPR more times than I ever wanted to on children and never once broke any ribs.

Could CPR have broken ribs? Yes, but so could him beating the child so...

With his history he was screwed no matter what but my legal thought processes get going and reading the article it was like whoa.. That would be fucked up..but as I said I doubt we will be surprised.

 

[CSI_Mayberry]

I found "a" Christina Smith, found guilty off Forgery 2011 CR03779 and placed on 5yr probation. Arrest warrant issued 6/23/2015. Because she got a ticket 12/10/2014

THE STATE OF OHIO


Plaintiff

-vs-

CHRISTINA L. SMITH

Defendant

Case No.:2011 CR 03779

Offense: FORGERY (UTTERING) (F5)

Supervision:04/08/2014

Maximum Expiration Date: 04/07/2019

Attorney: Kimberly Vernekar/Public Defender

OFFENDER ARREST NOTICE

The Honorable FRANCES E. MCGEE, Judge

This is to inform the Court that Offender Christina L. Smith was cited (not arrested) on December 10, 2014, for the

offense of DUS 3rd Violation of suspension (M1); No Drivers License (M1) and Traffic Control Lights (MM) in

C#2014 TRD-14825.

(XX) At this time, I recommend no further action, pending final disposition of the new case.

The criminal court issued an arrest warrant for this Christina Smith on 6/23/2015
And apparently the Traffic court reffered it's case to collections and issued a vehicle registration block on 8/14/2015 at 17:33:03.83.

I don't know if this is the mommy or not but I think the baby died Saturday 8/15/2015 and this is interesting to me

 

[CSI_Mayberry]

These people entered into a court room and told the public...No comment.

Then these same people left the court room and created a go fund me account claiming that it would be Justice if the public pay for the child's medical bills and funeral expenses.

Why should the child's name be used to pay for his own past medical bills and tombstone. Why not mommy, daddy and Justin pay these bills. The child was being forced to pay to flush Justin's turds down the toilet and share his milk cerial with Justin. Why should the child pay for his own funeral services.

The family still wants to remain silent. Ok so what about the manager of the apartment, Did the manager know a convict was living there and baby sitting on the toilet?

What about the parole officer, did the parole officer know Justin got a job, baby sitting his girlfriends children.

And where were the other children?
And Where are they now?
Are they with The Go Fund Me Biker Incest Family?

Is Susan Stahl the leader of a biker incest family? Is that why she has no comment?

 

[CSI_Mayberry]

On the Justice for Jacob FB page They said something like.. They are still pleading the 5th. because there is an open investigation. Also..They don't want to focus on Justin's Thingy anymore. They just want to concentrate on getting the public to send them more money.

 

[Lauralye]

It makes me want to scream every time I see a go fund me account that is asking for money to help with medical cost..america has so many different programs to help low income or no income families and medicaid takes care of all the expense.. .even if the parent's were to lazy and did not apply for it than once the child is in the hospital a employee comes to your room to put in a application..

For all you future pos out there ..if you kill or neglect your child you are not the victim .. You dont get to play the victim ..

 

[ForeverPossitive]

That's her..

 

[Auntie Mame]

I know no one has posted to this thread for a while, but I am Jacob's great grandmother. The monster will be sentenced tomorrow to a mandatory 16 years. 16 years..really??? For murdering our precious angel. So far, my granddaughter has walked away scott free. Another injustice. I just wanted to let you all know that Jacob's daddy has taken all funds that remained in the go fund me site and started an LLC that gives assistance to victims of child domestic violence. At Christmas, they adopted a family and provided everything for them to have a wonderful holiday. They have fundraisers to continue the fight for awareness. Jacob's paternal grandmother has worked tirelessly to get the new legislation passed that will require all of these monsters must be registered just like sex offenders. We miss that little wonderful boy so much. You all may be happy to know that Jacob's big sister has been living with her Daddy since this happened. Hope reigns eternal that this too will be a permanent situation.