Tag

child abuse

Kelly Turner sentenced for killing daughter Olivia Gant

Kelly Renee Turner was sentenced Wednesday. Feb. 9, to 16 years in the Colorado Department of Corrections for killing her daughter Olivia.

Kelly Renee Turner

Douglas County District Court Judge Patricia Herron sentenced Turner, 43, after she pleaded guilty Jan. 3 to one count of negligent child abuse causing death, a Class 3 felony; one count of theft of between $100,000 and $1 million, a Class 3 felony; and one count of charitable fraud, a Class 5 felony. Other counts were dismissed a part of the plea agreement.

“This is not a perfect outcome, but this is not a perfect case,” said District Attorney John Kellner. “I’m proud of our team that fought so hard for justice — after so many years — for little Olivia.

“By pleading guilty, the defendant admits what she did to Olivia. She also lied about her daughter’s condition and using those lies to her own financial gain. This is a despicable crime, and absolutely this defendant deserves to serve years behind bars.”

In 2018, Douglas County Sheriff’s investigators began looking into Turner, who lived in Highlands Ranch. Doctors and child welfare workers were concerned about one of Turner’s daughters. Turner kept bringing that daughter in for treatments that were not medically necessary, and Turner admitted to lying about her daughter’s medical history.

When the doctors and child welfare workers discovered that Turner’s daughter Olivia had died of a mysterious, untreatable illness at age 7 in 2017, they contacted law enforcement.

The surviving juvenile daughter was moved from Turner’s care, and she improved.

Investigators took the case to the grand jury, which has subpoena power. Several doctors said that descriptions of Olivia’s ailments were dependent on Turner, who approved surgery after surgery and insisted Olivia was not getting better. It was Turner who pushed for a Do Not Resuscitate order and sought to put Olivia into hospice care.

Turner lied about not having access to private insurance and enrolled her family in Medicaid to pay for giant health care bills. She turned Olivia into a media story, and sought donations for her care, expenses and funeral on fundraising platforms and from charities.
Turner was indicted on 13 counts by the 18th Judicial District Grand Jury in October 2019.

Chief Deputy District Attorney Christopher Gallo prosecuted the case with Senior District Attorney Valerie Brewster.

“This is not a perfect justice by any means,” Gallo said of the case’s resolution, “but it is in the interest of justice. This plea recognizes some level of accountability for this vile, unthinkable years-long crime.”

“There is no plea agreement or trial outcome that can atone for what was done to Oliva during her short seven years of life,” Brewster said. “But today guarantees that there will be a permanent record and a recognition of what she endured; Olivia deserves at least that.”

Elbert driver who caused crash that killed 6-yr-old found guilty

An Elbert County jury determined late Friday that the man who caused a car crash that killed a 6-year-old girl is responsible for her death.

Gary Wayne Williams, 70, of Parker was found guilty April 23 of four felonies in the crash that killed Reagan Purdy.

Williams was driving his Toyota 4Runner westbound on I-70 in Elbert County on Nov. 18, 2018. He was pulling a trailer and lost control. He ended up facing eastbound in the westbound lanes. He drove the wrong way on the interstate for 3 miles and T-boned a Toyota Tundra that was veering off the road to avoid being hit by the wrong-way 4Runner. Reagan was in the rear seat of the Tundra. Reagan’s father was driving the Tundra and was seriously injured but survived.

“This defendant knowingly and recklessly drove his truck the wrong way on the interstate for 3 miles,” said District Attorney John Kellner. “If not for this defendant’s willful actions and reckless choices, young Reagan Purdy would still be alive. This verdict is the consequence.”

The jury convicted Williams of:
• Child abuse causing death, a Class 2 felony (F2)
• First-degree assault, F3
• Vehicular homicide, F4
• Vehicular assault, F5

The case was prosecuted by Deputy District Attorney Meghan Gallo and Chief Deputy District Attorney Eva Wilson.

Sentencing is set for June 8. The presumptive sentencing range for a Class 2 felony is 8-24 years in the Colorado Department of Corrections. The sentence enhancers in this case push the range to 16-48 years.

Convicted sex offender gets 80 years for sex assault on child

A convicted sex offender who filmed himself sexually assaulting a 5-year-old girl was sentenced last week to 80 years in prison.

Erik McDaugale

Arapahoe County District Court Judge Darren Vahle sentenced Erik McDaugale, 31, of Aurora to 80 years in the Department of Corrections. McDaugale, who had prior child sex assault convictions, pleaded guilty to four counts of sexual exploitation of a child on Oct. 23, 2020. Other counts were dismissed as part of the plea agreement.

“Crimes against children are some of the most difficult cases we prosecute,” said District Attorney John Kellner. “These are trusting victims, who often don’t understand the crimes being committed and don’t know to seek help. The predators in our communities target them for those reasons, and we have to take measures to keep those predators away from our kids.”

In the spring of 2019, the Colorado Internet Crimes Against Children Task Force received a tip from the National Center for Missing and Exploited Children. Aurora police traced child pornography videos and images back to McDaugale, who was living in the basement of an acquaintance. There was an active arrest warrant for McDaugale for failing to register as a sex offender. He had been sexually assaulting a child in the home and sharing videos and photos of the assaults online.

“This is conduct of the most appalling and egregious nature. This defendant repeatedly sexually abused a 5-year-old girl, grooming her for this purpose. He recorded this sexual abuse so he could relive it again and again and again – and he shared this with others who shared his perversion to sexually abuse children,” said Deputy District Attorney James Bornhoft, who prosecuted the case. “There is no sentence harsh enough for any of these actions in singularity, much less for all of these actions taken together. All I can say is this plea agreement will make sure that this defendant doesn’t step foot in society again.”

Vahle noted the sentence was harsh but said it was appropriate.

“What you have done are terrible things,” he told McDaugale as he imposed the sentence Jan. 15. “Child pornography revictimizes the children you have already harmed – and it creates a new obsession/perversion in other people – you are part of the cycle that will cause victimization of another child. You cannot ever be near children.”

Lower court overruled in “failure to report” school case

A senior Arapahoe District Court judge has ruled that criminal cases against two Cherry Creek School District employees arising from a grand jury indictment charging them with failure to report child abuse should be dismissed. The judge found the statute of limitations had run out on the offenses prior to the indictment.

The Arapahoe County Court trial judge had ruled in response to a defense motion seeking dismissal that the crime of failure to report child abuse is a “continuing offense,” and that the statute of limitations does not run until the crime is discovered or the abuse is finally reported.

Senior Judge Schapanski’s decision overruled the trial court.

“This ruling highlights the tremendous risk of danger to our children created by an extremely weak law. This ruling and the inadequacy of the mandatory reporter law means that a teacher, a therapist, a member of the clergy, or many others who know about the abuse of our children — and is required by law to report such abuse to the authorities — could escape responsibility for choosing to protect the abuser, instead of our children, if they just keep a secret for as little as 18 months. In a society that claims to want to protect the most vulnerable among us, how does that make any sense?” said District Attorney George Brauchler. “I urge the Attorney General to appeal this decision, and I urge the legislature to address this issue going forward. I urge the legislature to choose our children over the teachers union, the church and any other special interest group that doesn’t put protecting our kids over their own membership.”

The grand jury on Jan. 4, 2018, indicted Adrienne MacIntosh, who was a dean at Prairie Middle School; and David Gonzales, who was principal of the school. Each was indicted on one count of knowingly and/or willfully failing to report information concerning the abuse of a child in violation of CRS 19-3-304, a Class 3 misdemeanor. The statute of limitations is 18 months.

The grand jury found that in April 2013 a student at Prairie Middle School disclosed to another student that she had what she called a sexual relationship with one of her teachers, Brian Vasquez. The student who received the information told a school administrator. The victim was disciplined and law enforcement and social services were not notified, the grand jury said.

In August 2017, a separate investigation by law enforcement into Brian Vasquez led to him admitting to the 2013 sex assault on the student, along with incidences involving other students that took place later. In September 2018, Vasquez was sentenced to 40 years to life in prison.

Child abuse conviction in Aurora baby’s co-sleeping death

An Aurora woman has been convicted of child abuse for sleeping in the same bed with her infant son and her boyfriend, while drunk and high.

Tierra Collins, 29, will be sentenced on the misdemeanor count of child abuse on March 9.

The charges stem from the death of Collins’ 3-month-old son, Nazairean Newton, on June 29, 2016.

Investigators learned Collins and her boyfriend, Gregory Newton, lost their 6-month-old son Azyian Newton, in July 2014, in a nearly identical co-sleeping incident.

Judge John Scipione allowed evidence of the first death to be used in the trial.

“Parenting is one the most important responsibilities you’ll ever have. It requires you to make sacrifices, requires you change your behavior, and requires you to put someone other than yourself first,” said Senior Deputy District Attorney Amy Ferrin, who prosecuted the case. “Sadly, Tierra Collins was unwilling to do these things, and as a result she put her son’s life at risk.”

“There are few cases as challenging as the death of a baby in the presumed safety of a parent’s bed. But standing up for the voiceless and the most vulnerable amongst us is our mission,” said District Attorney George Brauchler. “Getting drunk and high in someone’s home may be a reality for some adults, but when that conduct puts at risk a baby, it is a crime. The right and ability to have children comes with the obligation to protect them from harm. Here, Collins put her interest in drugs and alcohol above her duty to her baby.”

Collins faces trial in the death of Azyian on May 30; the father of both children, Newton, is scheduled for trial on Feb. 28.

Probation for day care worker who let toddlers wander off

A day care worker who let two toddlers wander into a street was sentenced Nov. 13 to 12 months of probation.

Bisharo Mohamed, 26, of Aurora, pleaded guilty Oct. 23 to negligent child abuse, a Class 3 misdemeanor.

On May 15, 2017, Mohamed was working at Rising Stars Day Care on Cornell Avenue in Aurora.

The father of a toddler attending the day care was on his way to pick up his son when he saw the boy and another toddler walking on Cornell Avenue. He stopped and put the two toddlers in his car.

An investigation by Aurora Police determined Mohamed was supposed to be supervising the two toddlers when they were found in the street.

Mohamed had no prior criminal convictions. As part of her plea agreement, she will take a parenting class and perform 30 hours of community service. Her conviction ensures she will not be able to work at any licensed child care facility.

“This person should not be entrusted with the care of other people’s children in a daycare,” said District Attorney George Brauchler, “and this outcome ensures that she won’t.”