 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
People v. Tison12/30/2003
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
A jury convicted defendant Dennis Jay Tison of voluntary manslaughter (Pen. Code, § 192, subd. (a)) , and felony child endangerment (§ 273a, subd. (a)) for killing his 13-month-old daughter Isabel, who was in his sole care when she suffered fatal blunt trauma injuries to her head. The jury found true the special enhancement allegation that defendant caused willful harm or injury resulting in the death of his daughter. (§ 12022.95.)
On appeal, defendant contends the evidence is insufficient to support his conviction for voluntary manslaughter. He also contends the instruction on voluntary manslaughter was erroneous and misleading requiring reversal of the conviction. We find no error requiring reversal and affirm the judgment of conviction.
FACTUAL BACKGROUND
A. Events of January 12, 2001, Leading Up to and Following Isabel's Death
On January 12, 2001, defendant lived with his wife, Elena Tison, and their 13-and-one-half months old infant daughter, Isabel. Mrs. Tison left the house around 2 p.m. that day, leaving Isabel in defendant's sole care. At that time, Isabel was wearing a long-sleeved shirt and blue jeans.
At 5:07 p.m., defendant made a frantic-sounding telephone call to Mercy Folsom Hospital, indicating his daughter was hurt. He said he was coming into the hospital, and demanded a Life Flight helicopter and a pediatric trauma team. He was told the hospital had no pediatric trauma capability and advised to call 911 for an ambulance. Defendant hung up without responding, but seven minutes later, called a second time. He made the same demands and said he was leaving Orangevale. He was again repeatedly advised that the hospital did not have the necessary facilities and to call 911 for an ambulance.
Sometime later that day, defendant walked into the Emergency Department at Mercy Folsom Hospital cradling Isabel against his shoulder. Although it had rained earlier that day and the average temperature was 49 degrees, Isabel was inappropriately dressed in lightweight summer clothing, which was very clean and intact.
Defendant had some blood on his shirt, where the infant's head had been resting and he smelled strongly of alcohol. He began yelling at hospital staff, expressing anger that the helicopter was not there and loudly demanding a trauma team, a neurologist, and a helicopter. Defendant was very agitated and angry, seemed disinterested in his daughter, and told staff that he was both a lawyer and a doctor and threatened to sue the physician and the staff if his child died.
When it was determined Isabel had life-threatening injuries, she was transported by helicopter to the University of California Davis Medical Center where she died during surgery from severe head trauma.
Defendant's basic explanation for Isabel's injuries was that she jumped out an open window located in his second-story office. The details of this explanation varied and evolved as defendant told his story to various individuals. He explained to Folsom Police Detective Robert Challoner that he was seated at his desk in his office looking at something on the Internet while Isabel was playing on his desk. She suddenly lunged at the window, which was open because it was nice weather outside. He did not have time to react as the child went through the screen, falling 20 feet onto the deck
Page 1 2 3 4 5 6 7 8 9 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|