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Washington v. Creekmore11/6/1989
Darren Creekmore appeals his conviction of second degree felony murder, based on underlying felonies of second degree assault and second degree criminal mistreatment. Creekmore contends the felony murder rule should not apply to these felonies. He also argues that his 720-month sentence is "clearly excessive" under the Sentencing Reform Act of 1981 (SRA) and that it constitutes cruel and unusual punishment under the state and federal constitutions. We affirm.
Facts
Creekmore kicked his 3-year-old son Eli in the stomach on the evening of September 26, 1986. Eli's bowel ruptured, and he died several hours later. The fatal assault culminated a history of child abuse.
For example, on May 1, 1986, a day-care worker noticed extensive welts and bruises on the back of Eli's legs and buttocks.
A: He had welts all over the back of his legs, both legs, a bruise behind his right knee. . . . e had welts all over both buttocks and bruises. He had a bruise on his left forehead, on the inside of his right arm, and on his left elbow.
They were narrow and went across both buttocks and . . . both of the legs. They were red, and they had the white markings of breaking through the first layer of skin.
Q: Eli complain of having any pain?
A: Yes.
Another worker noticed these injuries as well as bruises around Eli's penis and along his testicles.
A: He had welts on his legs, and in his groin area it was bruised above his penis and along the sides of his penis and down along the testicles.
They were welts, . . . and it looked like almost like a pinch where it was red on each side and white in the center.
It was all black and blue above his groin area, and on each side of his testicles there were big black and blue marks also, bruises.
Q: Were you concerned about those injuries?
A: Yes.
I called CPS.
The workers asked Creekmore about Eli's injuries. Creekmore initially denied, but later he admitted inflicting them.
Q: Did he tell you how he hit him, what he hit him with?
A: Yes. He said he got a yardstick . . .
Q: Did he show any remorse?
A: No.
Q: Did he show any concern towards Eli?
A: No.
Creekmore said Eli "deserved" the injuries, because Eli "deliberately defied" him by messing his pants. Creekmore explained to a friend in grisly detail how the injuries occurred and why he used a yardstick.
A: He told me that Eli had peed his pants in the morning and he had made him take off his pants and stand with his legs spread so he could take a ruler up and down the inside of his legs.
Q: Did he tell you why he hit him with the ruler?
A: He said that he wasn't supposed to hit him with his hands anymore because he was leaving hand prints, that he could use anything he could pick up, or he could kick him.
Creekmore's wife, Mary, testified that whenever Eli messed his pants Creekmore would get angry. He would spank Eli and push him to the floor. He would then make Eli stand up and push him down again. He would also kick Eli in the buttocks. Mary was afraid to leave Creekmore because he had hit her in the past.
A week before Eli died, Creekmore made him eat a jalapeno pepper until Eli threw up. Creekmore hoped to "potty train" Eli in this way; he told Mary that when Eli pooped, it would burn him. Mary took Eli to a doctor who prescribed clear fluids and bland foods. Eli was ill for several days but he gradually got better. Mary suggested taking Eli to a d
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