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Washington v. Creekmore11/6/1989 octor again, but Creekmore opposed the idea.
Mary explained the events of September 26, 1986, which led to Eli's death. Eli was eating dinner alone. Creekmore sat next to him, and Eli started to cry. Creekmore ordered Eli to go to his room, which Eli did, but he continued crying. Creekmore rushed into the bedroom. From the living room, Mary heard "a gasp and a thud." When Creekmore came out of the bedroom, Mary asked him what he had done. Creekmore said, "Nothing."
A few minutes later, Eli came out of his bedroom and told Mary he pooped his pants. Creekmore asked Eli, "Why did you poop your pants, boy?" Eli said, "Because you kicked me in the stomach." Creekmore yelled, "That's not true, and if you want me to make it true, I'll make it true." Creekmore then raised his foot as if to kick Eli. Creekmore was skilled in martial arts, and Mary knew this; she said, "No, don't kick him." Creekmore told her to go back into the living room, where she heard the rest.
Creekmore told Eli to wash his pants in the toilet. Eli said he peed his pants, and Creekmore said he was getting a belt. Mary tried to stop him, but he told her to stay out of it. She heard him whip Eli several times. "Eli was crying, and Darren was asking Eli if he wanted some more, and then he would hit him some more."
After a while, the noises stopped. Eli said he had to poop, so Creekmore told him to get on the toilet. Creekmore came
out of the bathroom saying Eli fell in the toilet. He said Eli would stay there until he could get himself out. Mary tried to help Eli, but Creekmore would not let her.
Eventually, a friend arrived. Mary then went to free Eli. She found him in the toilet with his butt in the water and his arms and legs hanging over the rim. He looked weak and limp. Eli had vomited on himself, so Mary took him out of the toilet and cleaned him up. He had "stripes" across his bottom and a 2- by 3-inch red mark on the left side of his abdomen. Creekmore came into the bathroom, and Eli started to vomit some more. Mary told him they should take Eli to a doctor. Creekmore said, "No, he's just throwing up because he's mad." Mary testified that Eli never threw up when he was mad.
Hoping to keep Creekmore away from Eli, Mary put Eli to bed and suggested that she, Creekmore, and their friend play a board game. While they were playing, Eli was moaning and vomiting. Mary checked on him several times and cleaned him up. At one point, Creekmore looked at her as if to say, "you better stay away from him." Creekmore then went into Eli's bedroom and told him to shut up and go to sleep.
Mary went to bed at about 10:45 p.m. She could hear Eli moaning, but she felt it was hopeless to try to get him to a doctor because Creekmore would not allow it.
Creekmore's friend testified that Eli came into the living room while Mary was sleeping. Eli looked "really white," and "he couldn't walk very well." Creekmore's friend said Eli should go to a hospital, but Creekmore said he would take care of it. Creekmore put Eli on his lap momentarily. Eli was shaking and sniffling. Creekmore then told Eli to go back to bed.
Creekmore checked on Eli at about midnight. A few minutes later, Creekmore came out of Eli's room and said Eli was dead. Creekmore's friend told him how to administer CPR. He called an ambulance, woke up Mary, and returned to help Creekmore. Paramedics arrived promptly,
but Eli was not breathing, and he had no pulse. They tried without success to revive Eli.
Mary rode in the ambulance to the hospital. Creekmore's friend ran there, as it was only 2 1/2 blocks away. Creekmore arrived 15 minutes late
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