When Irene Calhoun returned to her Yorkville home at about 1 a.m. Saturday, her 2-year-old daughter looked to be sound asleep after being watched by a teenage babysitter for several hours, state police said Monday.
The mother of three saw no sign of the alleged assault and sexual attack that had been
unleashed earlier that night against the toddler, Melissa Calhoun, and no reason to believe that she would later find Melissa dead shortly before 9 a.m. that morning, state police Capt. Mark Lincoln said during a news conference at state police Troop D headquarters in Oneida.
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While neither state police nor prosecutors have revealed what might have prompted Champagne’s alleged attack against the girl, a state police arrest report reveals the level of brutality that was brought upon Melissa in the last hours of her life.
Champagne allegedly
struck her in the face with his hand, then
shoved her until her head forcefully slammed against the floor, according to the felony complaint. Melissa also was
hit with the door of a refrigerator, which caused her to strike her head on a nearby table, and she was allowed to
fall while standing on a bed so that her head would strike a nearby piece of furniture, the report continues.
And at some point, either before, during or after the attack,
Champagne sexually assaulted Melissa while her 1½-year-old sibling also was inside the home, the report stated. A 5-year-old sibling was not home at the time, police said.
An autopsy conducted over the weekend determined Melissa died from blunt force trauma to her head, but
it remains unclear what injury caused her death and what time she actually died. State police said the young girl
might still have been breathing when her mother checked on her in the middle of the night.
“The child could have been alive and injured, and passed away sometime after the mother arrived,” Lincoln said.
[...]
Second-degree murder is the only crime that a 13-year-old juvenile can be prosecuted with in criminal court in New York, McNamara said. This allows Champagne to be prosecuted in Oneida County criminal court if he is indicted, instead of Family Court.
Prosecutors have 45 days to seek an indictment from the grand jury.
If the case goes to trial and he’s convicted, the maximum punishment Champagne could face is 9 years to life in a juvenile detention facility and then a prison, while the minimum is 5 years to life, McNamara said.
Champagne initially was charged with second-degree manslaughter, but the charge was upgraded to a more serious murder charge once autopsy results became available and after prosecutors further discussed the case with state police, McNamara said.
Second-degree murder is the most common murder charge brought against defendants in New York state, and covers both intentional killings and deaths caused by depraved indifference, First Assistant District Attorney Michael Coluzza said.
According to the depraved indifference murder charge that Champagne faces, he also is accused of failing to seek medical attention for Melissa after the alleged assault.
[...]
As Champagne appeared in court Monday, his family members shed their own tears at the thought of what the young boy is accused of doing and that he might spend the rest of his life incarcerated, Bach said. As for Champagne himself, Bach said he didn’t have enough time to judge whether the boy felt scared or saddened by what had happened.
Bach was not yet ready to speak about the allegations because he hadn’t had a chance to discuss the case with Champagne, but he plans on visiting the teen at the facility sometime this week, he said.
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