State v. Crump
| Decision Date | 06 June 2019 |
| Docket Number | No. 107460,107460 |
| Citation | 2019 Ohio 2219,137 N.E.3d 711 |
| Parties | STATE of Ohio, Plaintiff-Appellee, v. Tequila CRUMP, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
Michael C. O'Malley, Cuyahoga County Prosecutor, and Anna Faraglia and Owen M. Patton, Assistant County Prosecutors, for appellee.
The Law Office of Jaye M. Schlachet, and Eric M. Levy, Cleveland, for appellant.
JOURNAL ENTRY AND OPINION
{¶1} Defendant-appellant Tequila Crump appeals from her convictions for reckless homicide and child endangering. She assigns eleven errors for our review.1 Having reviewed the record and the controlling case law, we affirm the convictions, but we reverse a portion of the sentence and remand for resentencing.
{¶2} On October 17, 2016, Crump's five-year-old daughter, T.M., sustained severe burns to her hands and forearms. Several months later, on March 17, 2017, T.M. died. Crump and her partner, Ursula Owens ("Owens"), were subsequently indicted in a 15-count indictment in connection with both incidents. They were charged with aggravated murder, murder, felonious assault, and endangering children. The matter proceeded to a jury trial on May 31, 2018.
{¶3} Crump's former partner, Sabrina McCloud ("McCloud"), testified that she met Crump in Virginia while Crump was pregnant with T.M. T.M. developed normally but was hyperactive. McCloud eventually enrolled T.M. in preschool. At that point, T.M. was toilet-trained and knew letters, numbers, and colors. McCloud testified that T.M. once touched a hot stove, but she was able to quickly move her hand away to avoid being burned. In 2016, Crump met Owens and moved to Cleveland. T.M. stayed with McCloud for several weeks before joining Crump and Owens in Cleveland.
{¶4} Sierra Giles ("Giles"), Owens's former partner, testified that in 2006, she lived with Owens and her son, R.O. According to Giles, Owens was the main disciplinarian and used corporal punishment on R.O. By 2012, Giles and Owens were no longer living together. They formally agreed that Giles would have custody of R.O., and Owens would have weekend visitation.
{¶5} With regard to the events of October 17, 2016, Charles Yowler, M.D. ("Dr. Yowler"), former director of the burn unit at MetroHealth Medical Center ("MetroHealth"), testified that T.M. was admitted to the burn center following a referral from Rainbow Babies and Children's Hospital. T.M. had second-degree burns to her left hand and forearm and "dead [skin] third-degree burns" to her right hand and forearm. The third-degree burns extended all the way around her wrist and distal forearm. Although Crump and T.M. maintained that the burns occurred while T.M. was washing her hands, Dr. Yowler expressed concern that the injury did not happen as described. He noted that T.M. said that "I was screaming when my hands were under water," and also said that Crump was with her in the bathroom at the time of the burn. Dr. Yowler photographed the injuries and referred the matter to the Cuyahoga County Department of Children and Family Services ("CCDCFS").
{¶6} Dr. Yowler and Anjay Khandelwal, M.D. ("Dr. Khandelwal") subsequently determined that T.M.'s injuries required surgical skin grafting. The graft was ultimately successful, and T.M. was discharged back to Crump's care on October 29, 2016.
{¶7} MetroHealth pediatric social worker Kathryn Mahoney ("Mahoney") testified that Crump maintained that T.M. was burned while alone in the bathroom and washing her hands. Crump and Owens then ran cold water over T.M.'s hands and wrapped them in clean dressings. The following morning, they observed blistering, so they brought T.M. to the hospital. In a subsequent interview, Crump told Mahoney that Owens had turned on only the hot water before T.M. washed her hands then inadvertently prolonged the exposure to the hot water by draping a hot cloth over T.M.'s hands. Crump also indicated that T.M. had developmental issues and had an individualized education plan ("IEP") at her former school in Virginia but was not presently attending school.
{¶8} Christina Quint ("Quint"), a former CCDCFS social worker, testified that before the burn incident, she investigated the family regarding a claim that Crump punched and smacked T.M. in the face. However, after speaking with various people living at the home, Quint determined that the claim of abuse was false. During the investigation of T.M.'s burn, Quint noted that T.M. did not seem fearful of Crump or Owens and had no other injuries. Quint ultimately determined that the abuse claim for the burn was "unsubstantiated" or not conclusively proven.
{¶9} Marquetese Betts ("Betts"), a supervising social worker for CCDCFS, testified that she reviewed the "unsubstantiated" abuse finding. Betts noted that T.M. said that no one hurt her and there were no other signs of abuse. However, Betts exercised her discretion to keep the family's file open in light of continuing concerns for T.M. and the family's need for community resources.
{¶10} Irene Dietz, M.D. of MetroHealth ("Dr. Dietz"), testified that she performed a follow-up examination of T.M. in February 2017. Crump reported that T.M. was born prematurely and had developmental issues. Crump told Dr. Dietz that she had lost the child's birth certificate and other important papers, so the child was not enrolled in school. Dr. Dietz recorded that T.M. appeared extremely small for her age and had symptoms of malnourishment, including abdominal distention and thin extremities. Dr. Dietz recommended that T.M. take a nutritional supplement. Nothing in the history provided by Crump and Owens indicated that T.M. experienced seizures.
{¶11} Dr. Dietz examined T.M. again on March 7, 2017. She observed that the burns and skin grafts appeared to be healed. T.M.'s chest was clear, and she also gained five pounds since the last visit. Dr. Dietz noted multiple scars but no acute bruising. Dr. Dietz acknowledged that T.M. complained of stomach aches during both the February 2017 and March 2017 examinations. She also acknowledged that she recommended further blood tests.
{¶12} CCDCFS social worker Ada Johnson ("Johnson") testified that Crump's family resided in the home of Yamika Brock ("Brock"). Johnson did not observe peeling paint in the house, but she acknowledged that photographs of the home show that paint was peeling in some of the rooms. T.M. did not have a bed and slept with Crump and Owens, so Johnson arranged for her to get a bed. Johnson also accompanied the family to the follow-up medical appointments. Neither Crump nor Owens raised concerns about lead exposure during the appointments. However, Johnson acknowledged that T.M. had "weird marks" on her skin.
{¶13} With regard to the events of March 17, 2017, Cleveland paramedic Samuel Wilson ("Wilson") testified that when he arrived at the home at 10:06 p.m., T.M. was unconscious. Her pupils were fixed and dilated, indicating possible brain injury. She had vomit in her airway, her heart rate was 60, and her respiratory rate was four breaths per minute. T.M.'s Glasgow Coma value, a scale for assessing brain injury, was 3 out of a possible score of 15, indicating a severe injury with a poor prognosis. Wilson did not see signs of bodily trauma, however. Crump informed Wilson that T.M. had no prior history of seizures, but she had a seizure at noon and had been sleeping since that time.
{¶14} University Hospitals Pediatric Social worker Kimberly Foley ("Foley") testified that according to Crump, T.M. had a seizure at noon that she "sle[pt] off." Crump maintained that later that afternoon, she saw T.M. playing in her room, but by 10:00 p.m., T.M. was unconscious and was gasping for air.
{¶15} Pediatric Intensive Care Attending Physician Ann Stormorken ("Dr. Stormorken") testified that she was part of the team of physicians who treated T.M. Crump told Dr. Stormorken that T.M. was completely healthy earlier in the day and was not exposed to any illness, but at 11:00 a.m. T.M. had a seizure that lasted between three and five minutes. T.M. reportedly fell asleep until around 4:00 p.m. then slept again until 10:00 p.m. At that point, T.M.'s breathing was labored, so Crump called 911. Crump did not mention concerns about lead poisoning to Dr. Stormorken. Dr. Stormorken denied learning from Crump that prior to the 911 call, T.M. had six protracted seizures.
{¶16} Dr. Stormorken diagnosed T.M. as having a severe brain injury that was not likely to be survivable. Additionally, there was evidence of rib fractures from an older injury. Dr. Stormorken testified that there is no connection between seizures and life-threatening brain injuries. She also testified that lead poisoning does not manifest as acute brain injury, and an ordinary spanking would not result in the type of acute brain injury that T.M. displayed.
{¶17} Brock, owner of the house where Crump's family resided, testified that in the afternoon of March 17, 2017, she saw Crump checking T.M. with a stethoscope. Later, when the police arrived, Owens instructed Brock to tell them that T.M. experienced a seizure.
{¶18} Giles's 14-year-old son, R.M., testified that Owens's son, R.O., is his good friend. R.M. spent the night at Crump's house on March 17, 2017; he and R.O. played video games. There was nothing unusual about T.M.'s appearance or health, but the boys were forbidden from giving her water so that she would not wet herself during the night. At around 5:00 a.m., R.M. heard Owens yelling and T.M. crying. R.M. then heard two thuds, like the sound of something hitting the floor and the wall.
R.M. saw Crump and Owens standing next to T.M. who was on the floor in a "locked" position or "seized up" with her forearms against her chest. At that point, Crump carried T.M. to the bathroom and began splashing water on her face. When that failed to awaken T.M., Crump placed her on a bed and shook her. Crump and Owens searched the internet for information about CPR...
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