State v. O'Connor10/2/2000
This is a case involving two defendants: O'Connor, the mother's friend, was convicted of Aggravated Child Abuse through injury and Aggravated Child Abuse through neglect. Lekin, the mother, was convicted of Aggravated Child Abuse through neglect. We affirm the conviction of Aggravated Child Abuse through injury, as we hold that a four-year-old who received a skull fracture, epidural bleeding, swelling and bruising around the eyes and face, and the pain associated with said injuries has sustained "serious bodily injury." Further, we find sufficient evidence to support both convictions for Aggravated Child Abuse through neglect. Finally, we reject the arguments that the state was required to elect a specific "serious bodily injury" and that Aggravated Child Abuse through neglect is not an offense in Tennessee.
Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed
John Everett Williams, J., delivered the opinion of the court, in which Gary R. Wade, P.J., and Norma McGee Ogle, J., joined.
OPINION
The defendants, Nicholas O'Connor and Nikol Lekin, appeal from convictions by a Shelby County jury. Defendant O'Connor was convicted of one count of Aggravated Child Abuse through injury and one count of Aggravated Child Abuse through neglect. For these offenses, he was sentenced, as a Range I offender, to two concurrent twenty-year terms. Defendant Lekin was convicted of one count of Aggravated Child Abuse through neglect. For this offense, she was sentenced, as a Range I offender, to one fifteen-year term. Both defendants now appeal but raise different arguments. Defendant O'Connor asserts that:
(1) Insufficient evidence supported the jury's finding of "serious bodily injury" necessary for either of his convictions.
Defendant Lekin asserts that:
(1) The trial court erred in its failure to sever her case from defendant O'Connor's case;
(2) insufficient evidence supported the jury's verdict;
(3) the trial court in various regards deprived her of a unanimous verdict; and
(4) she was convicted of an offense that does not exist at statute in Tennessee.
After careful review, this Court affirms the judgments in all respects.
FACTS
At the time of the offense, February 27, 1997, the two defendants, O'Connor and Lekin, were living together with Lekin's children in Moscow, Tennessee. On that date, Lekin left her four- year-old daughter, A , with O'Connor. O'Connor abused the child. He struck the child on her bottom, propelling her into a bathroom door-facing. The impact caused A to sustain bruises on her bottom, significant bruises to the face and eyes, and a skull fracture. In fact, for days following, she was barely recognizable with large black and yellow eyes swollen nearly shut.
Despite this appearance, neither Defendant O'Connor nor Defendant Lekin took the child to the hospital. Two days after the offense, Defendant Lekin's sister, who had seen the child, called Children's Services. Under their direction, A was finally transported to the hospital with Defendant Lekin.
Once admitted to the hospital, A was placed in intensive care for observation. Her injuries, including a skull fracture and epidural bleeding, were identified as intentionally inflicted blunt force trauma, and Child Services removed her from the defendants' care. However, A did not require any treatment at the hospital; instead, her stay was simply for diagnostic and observation purposes.
On account of this abuse and their failure to more promptly seek medical care for A, Defendants O'Connor and Lekin were indicted
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