12-yo boy charged with capital murder in death of baby

**Kalehue** · April 21st, 2009, 06:46 PM

A 12-year-old boy was charged today with capital murder in the death of an 11-month old baby who died of blunt force trauma to the head, officials with the Harris County District Attorney’s Office said.

Because of his age, he is ineligible to be certified to be tried as an adult, according to Assistant District Attorney Donna Hawkins. She said the maximum sentence the boy could face if convicted is 40 years behind bars.

Hawkins said the death occurred March 12, but declined to give further details.

http://www.chron.com/disp/story.mpl/front/6384880.html

**goddess** · April 21st, 2009, 06:50 PM

r.i.p lil one.....

**Dark Star** · April 21st, 2009, 06:52 PM

Hmmm wish we had more information on this case. You've done got my curiosity piqued.

**Kalehue** · April 21st, 2009, 06:55 PM

Originally Posted by Hippiepoet

Hmmm wish we had more information on this case. You've done got my curiosity piqued.

Mine too. I've been looking for more info, but there's nothing more than this so far. I'll be watching, though...

**Rotten Apple** · April 21st, 2009, 06:58 PM

12 is young, but a 12 year old knows right from wrong. Well, most do...and some 12 year olds are HUGE.

I bet a dollar to a donut that this kid comes from a really fucked up background and/or people saw this coming.

Ugh.

**goddess** · April 21st, 2009, 07:02 PM

Now in days parents,don't care what there kids do.some kids fallow the crimes in video games......

**Athena** · April 21st, 2009, 07:02 PM

Originally Posted by Rotten Apple

12 is young, but a 12 year old knows right from wrong. Well, most do...and some 12 year olds are HUGE.

I bet a dollar to a donut that this kid comes from a really fucked up background and/or people saw this coming.

Ugh.

Is knowing right from wrong the only consideration, though? What about brain development and impulse control, or the ability to grasp consequence?

I say, if we wouldn't find guilty (except by reason of insanity) an adult with the mentality of a 12 year old, we can't possibly do that to an actual 12 year old.

**Dakota Valkyrie** · April 21st, 2009, 07:03 PM

No way, Rotn. They are all going to say he seemed like such a sweet child and would never hurt a fly. He probably helped neighbor ladies cross the street.

**goddess** · April 21st, 2009, 07:05 PM

were where the parents when this happened..they should of been watching the baby

**Rotten Apple** · April 21st, 2009, 07:11 PM

Originally Posted by Athena

Is knowing right from wrong the only consideration, though? What about brain development and impulse control, or the ability to grasp consequence?

I say, if we wouldn't find guilty (except by reason of insanity) an adult with the mentality of a 12 year old, we can't possibly do that to an actual 12 year old.

I guess I should have made myself more clear. Most kids know right from wrong because of the adults around them. Most 12 year olds are taught impulse control or are so worried about the consequences (i.e. punishment from adults in their lives) that they would never injure a baby to that extent.

In other words, there has to be some adults out there that dropped the ball with this kid. Not that he should be put to death, but if he is broken, fix him, if he can't be fixed, protect society from him.

An adult with the mental capacity of a 12 year old would be tried as an adult, but not sentenced to death depending on what state he is in. Am I wrong?

**Athena** · April 21st, 2009, 07:22 PM

Originally Posted by Rotten Apple

I guess I should have made myself more clear. Most kids know right from wrong because of the adults around them. Most 12 year olds are taught impulse control or are so worried about the consequences (i.e. punishment from adults in their lives) that they would never injure a baby to that extent.

In other words, there has to be some adults out there that dropped the ball with this kid. Not that he should be put to death, but if he is broken, fix him, if he can't be fixed, protect society from him.

An adult with the mental capacity of a 12 year old would be tried as an adult, but not sentenced to death depending on what state he is in. Am I wrong?

Impulse control is an executive function, no more teachable than common sense. It's why, on average, a 30 year old with 2 years driving experience will do better than a 16 year old with the same amount of experience. Kids as young as this one is are far more likely to commit to something before thinking it through than an adult. I suppose it's possible that parents dropped the ball, but it's just as possible they didn't. It doesn't take but a split second to inflict blunt force trauma to an infant.

As for the rest, you're right. I wasn't actually directing that at you. It was more a throwback to an older thread involving a 12 year old who shot his dad's girlfriend. Mah bad.

That said, the adult with the diminished capacity would be charged as an adult but be found not guilty entirely (by reason of mental deficiency) or receive a drastically limited sentence in comparison. You charge a kid as an adult, they don't get those considerations.

**buggysmommy** · April 21st, 2009, 07:28 PM

My guess is he was probably always left to take care of this baby while
parent(s) are out doing whatever and most likely he became resentful of this child.

Any way you look at it, the kid has some issues that should be addressed and I guess you have to ask yourself if 40 years behind bars is the answer. I am actually torn on this one. My husband would wonder if this makes the kid a permanent throw away-since he may not have had the right guidance in the first place. Did he know right from wrong-maybe so, but children mauch what they see and maybe, just maybe, he didn't see much right. I do believe that for a child to do such a heinous thing, it is definately indicative of serious mental issues. Or even mentally abusive issues. The flip side is if this kid came from the proverbial Park Avenue type upbringing-where there would be no such thing as doing the wrong thing-then he clearly has severe mental issues.

Either way, a baby is dead and another child is potentially fucked for life. Sad, sad scenario my friends...

**Dakota Valkyrie** · April 21st, 2009, 08:21 PM

[...]
The young suspect’s mother, Tawanna Scott, says authorities told her that her son had confessed to committing the crime. But she doesn't believe that he did.

“My son says he never told the detective that. He said, ‘I never told him I threw no baby. Why would I throw a baby?',” she said. “They are trying to charge him with capital murder. If it was to come out that he did do it, I don’t believe he did it on purpose.”

On April 14, the townhome where the crime happened was empty, but last month it was full of children and two women. The adults were not in the room, but the baby’s 5 and 7-year-old brothers were.

They claim the 12-year-old boy threw the baby.

The mother of the baby does have a history with Children's Protective Services.

Scott said that when she arrived at the townhome to pick up her kids, hours after the baby was injured, she was the first to call 911.

Scott says that her son is ADHD, is on medication and had once been suspended, but she says he’s not a violent child. She says that he often took care of his younger siblings. There are nine of them.

If the boy is convicted, he could be imprisoned for the next 40 years.

In Texas, 14 is the minimum age to be certified as an adult in criminal court, but a child as young as 10 can be charged with capital murder.

In Harris County, killing a child younger than 6 is typically a capital murder charge which means the defendant could face the death penalty.

http://www.khou.com/topstories/stori....f985b91d.html

**ineedanap** · April 21st, 2009, 09:57 PM

Originally Posted by buggysmommy

My guess is he was probably always left to take care of this baby while
parent(s) are out doing whatever and most likely he became resentful of this child.

Any way you look at it, the kid has some issues that should be addressed and I guess you have to ask yourself if 40 years behind bars is the answer. I am actually torn on this one. My husband would wonder if this makes the kid a permanent throw away-since he may not have had the right guidance in the first place. Did he know right from wrong-maybe so, but children mauch what they see and maybe, just maybe, he didn't see much right. I do believe that for a child to do such a heinous thing, it is definately indicative of serious mental issues. Or even mentally abusive issues. The flip side is if this kid came from the proverbial Park Avenue type upbringing-where there would be no such thing as doing the wrong thing-then he clearly has severe mental issues.

Either way, a baby is dead and another child is potentially fucked for life. Sad, sad scenario my friends...

ITA with your post, but who's going to be the guinea pig here? Do you allow the kid/adult when sentence served out, and hope they don't re-offend? It's such a catch 22, really.

**Silvahalo** · April 21st, 2009, 10:20 PM

On April 14, the townhome where the crime happened was empty, but last month it was full of children and two women. The adults were not in the room, but the baby’s 5 and 7-year-old brothers were.

They claim the 12-year-old boy threw the baby.

The mother of the baby does have a history with Children's Protective Services.

Scott said that when she arrived at the townhome to pick up her kids, hours after the baby was injured, she was the first to call 911.

Scott says that her son is ADHD, is on medication and had once been suspended, but she says he’s not a violent child. She says that he often took care of his younger siblings. There are nine of them.

Well, the only witnesses are children, 5 and 7 of age. Hmm., they are old enough to know if one throws a baby, but the circumstances why and how will never be clear. In any case, a child of 12 should understand that throwing a baby is not a good idea. He's been around the children and often cared for them. He could have had a moment of frustration and threw the baby not intending to bring grave harm, but nevertheless did it impulsively. The ADHD factor may have exasperated his ability to cope too. No child of 12 should be left to care for so many young children. Heck, caring for my 2 boys keep me busy enough and test my patience often, and I'm an adult ....9 kiddos, and I'm assuming he cared for them all at once at times, that's just insane. Of course, he could have been playing with the kids and was over zealous in throwing the child and didn't intend to harm the baby.

My 12 year old nephew is a real good kid, smart, very gentle with his 2 yr. old brother, just adores him. Still, I would think leaving him with the baby for an extended amount of time would be a challenge in patience and judgment. If he had to contend with 9 children, well, hell, who knows what might happen.

I think before this 12 year old is charged as an adult if it comes to that, they better have their facts straight and consider all circumstances and his ability to cope under such circumstances. There were two adults there, wtf happened that no one called 911 until mother came home, and that was 2 hrs. after the incident?!
I would be in an uproar with the adults involved.

The idea that a baby was under such care by the consent of an adult is at the least questionable, why were the adults present not charged at all? the fact that a baby died under such circumstances makes me very angry.

As usual, ....:"the kids never get a chance at all...."

Rest in peace little Deandre Washington....so sorry.

**Kalehue** · April 22nd, 2009, 09:43 AM

Prosecutors have charged a 12-year-old boy with capital murder in the death of a 10-month-old baby who had been left unattended by adults at a home in southeast Houston.

The 12-year-old, who has not been identified, remains in the custody of Harris County juvenile authorities after the Harris County District Attorney’s Office filed the charge on Tuesday.

The baby, Deandre Washington, suffered blunt force trauma to the head on March 12 at the home where he lived with his mother and siblings. Deandre was taken to Texas Children’s Hospital, where he died two days later, officials said.

Houston police and Children’s Protective Services have begun investigations into the circumstances leading to Deandre’s death.

CPS officials said Deandre’s mother and the mother of the accused boy left at least five children alone at the duplex in the 3700 block of Lehall, near Scott.

“It appears they just told them, ‘We’re going to run out and we’re going to be back,’ ” said Gwen Carter, a CPS spokeswoman. “When they came back, the infant was unconscious.”

It wasn’t clear whether the 12-year-old was supposed to be watching out for the children or if another person had been given that responsibility, Carter said.

“We talked to everybody,” Carter said. “We were unsure as to what had occurred.”

CPS investigators asked Deandre’s mother to place her other children with relatives until their investigation has been completed, Carter said.

Carter said that about one year ago, the agency had looked into an issue involving one of Deandre’s siblings.

“We had tried to visit with her (the mother) but we couldn’t locate her,” Carter said. “We weren’t able to complete our investigation.”

She wasn’t aware of any CPS dealings with the mother of the 12-year-old. Neither parent could be reached for comment on Tuesday.

Tawanna Scott, the mother of the 12-year-old, told KHOU (Channel 11) that police investigators told her that her son confessed to the crime. She said her son has denied responsibility for the death.

Deandre’s mother moved out of the duplex on Lehall days after the incident, said neighbors, including Keisha Brown.

“After it happened, I didn’t see them again,” Brown said.

http://www.chron.com/disp/story.mpl/front/6384880.html

**seductress** · April 22nd, 2009, 10:07 AM

As the mother of a 12 year old boy, I'm a little on the fence about the capital murder charge. I know my child and I know that violence is the last he will act on, but that doesn't mean he would not unintentionally hurt someone. At 12 do they really realize that "throwing" the baby will kill him/her? It doesn't state anywhere how hard he threw the baby, meaning was he playing and throwing the baby in the air and thinking he was strong enough to catch him? Was he angry when it happened?

I also believe that if this boy did do this, it was not intentional. I know that in Wisconsin to convict on criminal charges means that the state must prove intent. So that would be proving that the boy meant to kill this baby.

this 12 yr old little boy is probably going through hell right now and is going to need alot of therapy to get over this.

But list's also not forget about the victim in all of this, that innocent little baby. RIP little one.

CPS needs to be looking into BOTH families right now

**buggysmommy** · April 22nd, 2009, 03:52 PM

Originally Posted by Kalehue

http://www.chron.com/disp/story.mpl/front/6384880.html

This is where it always goes-"not my boy-he wouldn't do that". Well bitch, he probably would if he were constantly left to care for a bunch of kids-some of which were no responsibilty of yours or his. These fucking people blow me away.

Bitch, why don't you stand up and take responsiblity for it? You left your 12 year old son to care for an infant, 5, 7 and god knows what other ages. He is a child himself-and clearly nothing more than a built in babysitter to a bunch of bitches that obviously can't keep their fucking legs closed! If you can't take care of the kids-then don't fucking have them!

Damn this shit pisses me the fuck off...

**Athena** · April 22nd, 2009, 04:04 PM

Originally Posted by buggysmommy

This is where it always goes-"not my boy-he wouldn't do that". Well bitch, he probably would if he were constantly left to care for a bunch of kids-some of which were no responsibilty of yours or his. These fucking people blow me away.

Bitch, why don't you stand up and take responsiblity for it? You left your 12 year old son to care for an infant, 5, 7 and god knows what other ages. He is a child himself-and clearly nothing more than a built in babysitter to a bunch of bitches that obviously can't keep their fucking legs closed! If you can't take care of the kids-then don't fucking have them!

Damn this shit pisses me the fuck off...

This is pretty common practice, and I don't find it inherently wrong, myself, considering the article suggests that the women were only gone briefly.

**Kalehue** · April 22nd, 2009, 05:14 PM

Minutes after a judge determined that a 12-year-old boy charged with capital murder in the death of a 10-month-old baby would stay in custody for at least 10 more days, a family spokesman denied all allegations against the youth.

“He said, ‘I didn’t do it. I would never throw a child,’” Johnnie B. Jeremiah, a minister acting as a spokeman for the boy and his family, said this afternoon.

During a hearing this morning, Judge Beverly Malazzo heard from the boy’s mother, aunt and grandmother about the child’s history and home life.

Citing the seriousness of the accusation, Malazzo determined that the boy who had been left with other children unattended by adults at a home in southeast Houston would get another detention hearing May 5.

The 12-year-old, whose name has not been released, remains in the custody of Harris County juvenile authorities after the Harris County District Attorney’s Office filed the charge on Tuesday.

http://www.chron.com/disp/story.mpl/front/6384880.html

**Unamused Cat** · April 22nd, 2009, 05:21 PM

The local news just stated that the boy was home from school the day of the baby's death. Although he is a B student, he has been suspended 4 times, for hitting a girl, stalking another student and a couple other things I don't recall at the moment. They also stated that the boy's father had previously died in a shooting.

**Kalehue** · April 22nd, 2009, 05:27 PM

Originally Posted by Unamused Cat

The local news just stated that the boy was home from school the day of the baby's death. Although he is a B student, he has been suspended 4 times, for hitting a girl, stalking another student and a couple other things I don't recall at the moment. They also stated that the boy's father had previously died in a shooting.

Why doesn't that surprise me?

Why on earth would they leave at least four other children alone with him?

**Unamused Cat** · April 22nd, 2009, 05:49 PM

The 12-year-old has nine siblings, and all but two live with their mother, Tawanna Scott. Deandre's mother has three other kids.

The two mothers came home after the 12-year-old boy called them to say Deandre was not breathing, calling 911 after they got home, Olguin said. She said the other children witnessed the 12-year-old throw the baby to the floor.

Deandre suffered two skull fractures and bleeding in multiple organs.

Scott, the 12-year-old's mother, told Houston television station KHOU-TV that police told her the boy confessed, but that her son denied that to her. She also insisted that if he did throw the baby, it was an accident. He did more than just throw that baby.

Attempts by The Associated press to reach Scott were unsuccessful Wednesday. Authorities have not released the name of Deandre's mother.

CPS has not taken custody of any of the two mothers' children. It is legal to leave children alone as long as one child is 12 or older.

http://www.google.com/hostednews/ap/...bq4xgD97NO8Q00

**Kalehue** · April 22nd, 2009, 05:54 PM

Deandre Washington

Court documents said the boy, whose name was not released, was visiting the baby's family when his mother and the baby's mother left the house, leaving the 12-year-old to care for several younger children.

Child Protective Services interviewed children in the house about what they saw.

"What they're saying is they saw the 12-year-old throw the baby on the floor. The baby started crying and then that the baby stopped crying," said Estella Olguin with Child Protective Services.

http://www.click2houston.com/news/19248999/detail.html

**Marv** · April 22nd, 2009, 06:33 PM

Deandre suffered two skull fractures and bleeding in multiple organs.

I agree UC, he did way more than throw that child to the floor to cause that amount of damage.

he has been suspended 4 times, for hitting a girl, stalking another student and a couple other things

He is clearly not a stable child. No way should he have been left alone with all those kids. The mothers need to be held accountable too.
His mother knew of his past behaviours, yet still left him to babysit while she went out (probably for some 'me time' away from her many kids). Kids can be downright sadistic, and are capable of committing terrible acts of violence.

**Redshoes** · April 22nd, 2009, 07:27 PM

The mother has TEN children?? TEN??? All younger than the 12 year-old? And he was often responsible for watching his younger siblings? Why have an army of children when you do not have the time to watch them yourself? I'm sorry, but I cannot get over the sheer number of the children.

And she apparently left 5 of them alone in this townhouse? Why? This case is confusing.

As much as I wouldn't allow a stranger (or, as we have all talked about, a love interest) watch my children, I sure as hell wouldn't trust my 12 year old that has behavioral issues to watch them either.

**lamexcore** · April 22nd, 2009, 11:26 PM

Hard to judge because we don't really know the facts, but I don't think he did anymore than drop or throw the baby to the floor once. It doesn't take much to seriously injure a baby. We don't know if this was a carpeted floor or hardwood or anything, which I think could make a big difference. This child will probably eventually tell what really happened, whether it was an accident that happened while he was playing with the baby or if he really did throw this baby to the ground. I do agree that the parents shouldn't have left all these kids alone in a house together even if they were just going to be gone briefly. There was two adults one of them could have stayed back to make sure everything was going to be under control.

**ineedanap** · April 23rd, 2009, 12:55 PM

Originally Posted by ohmarvellousme!

I agree UC, he did way more than throw that child to the floor to cause that amount of damage.

He is clearly not a stable child. No way should he have been left alone with all those kids. The mothers need to be held accountable too.
His mother knew of his past behaviours, yet still left him to babysit while she went out (probably for some 'me time' away from her many kids). Kids can be downright sadistic, and are capable of committing terrible acts of violence.

I agree, you don't get internal injuries and bleeding from being thrown. More is going on here, some was using that baby as a punching bag.

**Earth2Amanda** · April 23rd, 2009, 03:17 PM

I think the boy should be punished, but 40 years is a bit extreme.

**smallwonder4** · April 23rd, 2009, 03:36 PM

That poor child looks scared in the picture posted of him. :(

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