Douglas Barnhill babysat while mom went to a funeral

[Dakota Valkyrie]

http://i39.tinypic.com/1179sgk.jpghttp://i41.tinypic.com/b88ok3.jpg
A Crittenden, Ky., baby’s death was a result of multiple blows to the head, according to the medical examiner, and the man babysitting her has been indicted for her murder.

On Jan. 4, Kentucky State Police detectives, responded to St. Luke West Hospital in Florence, Ky., to investigate the death of 1-year-old Kiara Smith after a 911 call.

Douglas Barnhill, 24, who was the child’s mother’s boyfriend, had called 911 and said that the child had fallen and struck her head at his residence.

Smith’s mother, a 17-year-old juvenile, had left the baby in Barnhill’s care while she attended a family funeral. It was during that time, which spanned over several hours, the child received her fatal injuries.

After the 911 call, the child was taken to the hospital where she was pronounced dead by the Boone County coroner.

Investigators determined that the injuries to the child were not consistent with the statements made by Barnhill. And medical evidence during the autopsy showed criminal actions had taken place.

Evidence gathered was presented to a Grant County grand jury Wednesday, and Barnhill was indicted for murder. He has been arrested and lodged in the Grant County Detention Facility under a $100,000 cash bond.http://www.kypost.com/news/local/story/Man-Indicted-For-Baby-s-Murder/2T_Latz3Ekm_csMS1ciiFA.cspx

[weavergroupie]

I wonder if the baby was his, she sure resembled him.

Dumb fuck, had to beat a baby for several hours. Too bad it wasn't good enough practice to keep the big Bubba's off your ass in prison.

[Silvahalo]

I seriously hope he will be killed in prison, brutal and unmerciful.

Ironic that she would leave her child to attend a funeral, only to find her baby killed during that very same time. She's a precious, beautiful baby girl.
The young mother will never really get past her death. It will haunt her for an eternity.
Damn her killer to hell.

[Inkdmomma78]

Slim shady cocksucker!! I hope he gets beat for hours in jail where he belongs! God, this makes me so mad. What a sweet little girl. Rest in Peace, little one :mad25:

[Dakota Valkyrie]

http://i0.simplest-image-hosting.net/168bf183b2abe8bc9188aacc163dd507/20120224-13.jpg
A northern Kentucky man has been granted a new trial in the death of his girlfriend's 13-month-old daughter - a child the Kentucky Supreme Court described as having a "a tragically short life."

The high court ruled that jurors in Grant County should have been allowed to consider second-degree manslaughter in the case of 27-year-old Douglas Brandon Barnhill of Crittenden in the death of Kiara Smith in 2009.

The jury handed down a guilty verdict to a charge of wanton murder. Barnhill is serving life in prison at Luther Luckett Correctional Complex in La Grange.

If Barnhill is retried, the court ruled, jurors must be instructed on second-degree manslaughter as a lesser-included offense.

Under Kentucky law, someone can be convicted of wanton murder if they act with extreme indifference to human life and engage in conduct which creates a grave risk of death to another person and causes that death. Second-degree manslaughter omits the requirement of extreme indifference to human life.

Jurors were instructed on reckless homicide, wanton murder and intentional murder. The high court found that jurors did not believe Barnhill acted recklessly or intentionally.

"And, under the facts presented, we conclude that a reasonable juror could believe that while Barnhill behaved wantonly, he did not act with extreme indifference to human life," the justices wrote in an unsigned opinion.
[...]

Prosecutors at trial argued that Barnhill hit Kiara several times in the head, causing the injuries. Barnhill's attorneys argued that he tripped and fell on the child and that someone else might have delivered the fatal blows.

No one disputed that Barnhill wrapped Kiara in a blanket after calling 911, then met the first-responders and was upset at the hospital.

"A reasonable juror could conclude that these actions negated the extreme indifference to human life element of wanton murder," the justices wrote.

The high court also admonished prosecutors about the use of emotion in the case. The justices said the use of demonstrative evidence is permissible, but too much emotion combined with theatrics could lead to another retrial.

"Without a doubt, jury trials are emotionally charged events and, perhaps, none more so than one related to the death of a child," the justices wrote. "It is vital that the emotion of the trial never overcomes the defendant's fundamental right to due process."
http://www.wlwt.com/r/30533996/detail.html

[Bohring]

What the fuck?! Jurors don't believe he acted recklessly? Repeated blows to the head? What am I missing?

[Dakota Valkyrie]

What the fuck?! Jurors don't believe he acted recklessly? Repeated blows to the head? What am I missing?
I think the writer of the article worded that poorly. The jury was given the choice of reckless homicide, wanton murder or intentional murder. They obviously felt what he did was beyond reckless but not so far as intentional. That left the wanton murder. And his actions were surely "wanton":

wan·ton
adjective
1. done, shown, used, etc., maliciously or unjustifiably: a wanton attack; wanton cruelty.
2. deliberate and without motive or provocation; uncalled-for; headstrong; willful: Why jeopardize your career in such a wanton way?
3. without regard for what is right, just, humane, etc.; careless; reckless: a wanton attacker of religious convictions.
[...]http://dictionary.reference.com/browse/wanton

Two types of KY Murder (both capital offenses)

507.020 Murder.
(1) A person is guilty of murder when:
(a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or
(b) Including, but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person.http://www.lrc.ky.gov/KRS/507-00/020.PDF

Reckless homicide in KY is even a less offense than manslaughter (1 to 5 years prison):


507.050 Reckless homicide.
(1) A person is guilty of reckless homicide when, with recklessness he causes the death of another person.
(2) Reckless homicide is a Class D felony.http://www.lrc.ky.gov/KRS/507-00/050.PDF

The charge that was omitted and thus the basis for granting a new trial (5-10 years prison):

507.040 Manslaughter in the second degree.
(1) A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including, but not limited to, situations where the death results from the person's:
(a) Operation of a motor vehicle; or
(b) Leaving a child under the age of eight (8) years in a motor vehicle under circumstances which manifest an extreme indifference to human life and which create a grave risk of death to the child, thereby causing the death of the child.
(2) Manslaughter in the second degree is a Class C felony.http://www.lrc.ky.gov/KRS/507-00/040.PDF

I think wanton murder was the right conviction. Hopefully the granting of a new trial won't change anything. Repeatedly beating a 1-year-old in the head is far more than 2nd Degree Manslaughter.

[Bohring]

I need you on speed dial so you can make sense of all that I find confusing. It would be a round-the-clock shift, for sure.

[Dakota Valkyrie]

I need you on speed dial so you can make sense of all that I find confusing. It would be a round-the-clock shift, for sure.
I was curious myself of what the differences were. Just thought I'd share what I found. Hubby calls me an infomaniac... and wishes I was a nymphomaniac instead.

[Bohring]

I was curious myself of what the differences were. Just thought I'd share what I found. Hubby calls me an infomaniac... and wishes I was a nymphomaniac instead.

You mean you didn't go find all this out just for me?!

My husband calls me an egomaniac. Wonder why.

[Dakota Valkyrie]

You mean you didn't go find all this out just for me?!

My husband calls me an egomaniac. Wonder why.
Nope. Sorry. I am the center of my own universe. :rofl:

[Terri Baston]

NO he was not her father. He is just the beast that killed her.

[Valasca]

Now why you gotta insult beasts by comparing them to him? (giggle)

[Terri Baston]

The names I would like to call him our not very friendly so I usually stick with beast or monter. Kiara was my granddaughter.

[Valasca]

That's okay, Ms Baston. None of us are user friendly.
Feel free to call him whatever name you want. Take out your frustrations here. We can handle it and would be happy to listen.
What's going on with him? Is he getting beat in prison? We hope so.

[Terri Baston]

Beat? I wish.. He is in protective custody so he does not get beat. We should find out in the next few weeks what happens next. He is a son of a bitch for putting my son and my family though this again. MAY HE BURN IN HELL!!!

[Valasca]

Keep us updated.
How is everyone holding up? How are YOU, besides rightfully angry? Keeping your health up?

[Terri Baston]

Very angry yes.. More shocked then anything. We are all holding up good, this has always been about Kiara and nothing else. I will stand and fight for my little angel no matter what.. She will ge the justice she deserves, and will always be the hole missing in my heart.

[TheMeaningOfItAll]

Very angry yes.. More shocked then anything. We are all holding up good, this has always been about Kiara and nothing else. I will stand and fight for my little angel no matter what.. She will ge the justice she deserves, and will always be the hole missing in my heart.
That makes me so sad. I wish I had the right words of comfort, but I'm horribly inept at those kinds of things. Please keep us updated.:hug:

[Valasca]

I've no idea what to say, Ms Baston. I have never been in your situation nor will I ever be since I don't have children.
All I can say is I'm sorry you must suffer through this.

[BreakTheSilence]

Terri,
I can't begin to imagine what your family is enduring. This beast murdered your little angel. I hope and pray that he gets another life sentence. My thoughts and prayers are with your family during this very trying time. I pray that God give your family the strength and courage to get through this. Your beautiful angel, Kiara will never be forgotten.

BTS

[Silvahalo]

Beat? I wish.. He is in protective custody so he does not get beat. We should find out in the next few weeks what happens next. He is a son of a bitch for putting my son and my family though this again. MAY HE BURN IN HELL!!!
@Terri Baston (http://www.dreamindemon.com/forums/member.php?u=7405) so very sorry for your loss.
Kiara was so precious in pictures, I can only imagine how precious, as you held her to you.
My deepest, heartfelt sympathies to you and your family.


http://i510.photobucket.com/albums/s341/silvahalo68/Fallen angels/FallenAngels2/KiaraJaeSmith1yo.jpg


http://www.youtube.com/watch?feature=player_detailpage&v=KuwcADSojJ0

I Stand For Kiara FB. (https://www.facebook.com/pages/I-STAND-FOR-KIARA/328308031011)

[Terri Baston]

Thank you all for your nice words. I will keep you all posted. Since day one this has been about nothing but Kiara and getting the justice she deserves. I will continue that stance for the rest of my life is I have to.. Dead or alive I will do anything to honor my little girl. I STAND FOR KIARA...

[AngelFire]

The names I would like to call him our not very friendly so I usually stick with beast or monter. Kiara was my granddaughter.


Words can't express how deeply sorry I am for your loss.