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Covington v. Commonwealth11/25/2003
Orlando Lawrence Covington, Sr. appeals his bench trial conviction for second-degree murder. He argues the evidence is insufficient to support his conviction because it fails to prove malice or an intent to harm. For the reasons that follow, we disagree and affirm the trial court's decision.
BACKGROUND
"On appeal, 'we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom.'" Archer v. Commonwealth, 26 Va. App. 1, 11, 492 S.E.2d 826, 831 (1997) (citation omitted).
So viewed, the evidence proved that on Friday afternoon, November 30, 2001, three-year-old Jordan Nelson left his babysitter's house to spend the weekend with Covington, a friend of the family. As previously arranged by Tracie Nelson, Jordan's mother, Covington was going to baby-sit over the weekend and assist in toilet training the toddler. Tracie Nelson testified Jordan was in good health Thursday night and that she noticed no bruises or injuries on Jordan's body when she dressed him Friday morning. Brenda Whitaker, Jordan's babysitter, testified Jordan did not display any signs of injury or illness on November 30 before Covington picked him up at her house. Nahir Perez, Jordan's pre-school teacher, also testified she did not observe any injuries on Jordan that day.
According to Covington, after he picked up Jordan from Whitaker's house they went to church. Covington testified that while there Jordan fell and sustained a rug burn to his face.
Lieutenant Chris Jones testified that in response to an emergency call from Covington, he arrived at Covington's house during the early morning hours of December 2, 2001. Covington was downstairs when Jones arrived, and Jordan was upstairs having a seizure on the floor. Chris Wiggins, an EMS provider, testified Covington indicated Jordan had had two to three seizures during the previous two hours. As Wiggins removed Jordan's clothing to examine the child, he noticed multiple contusions to the right side of Jordan's skull, his chin, left shoulder, sternum, chest, clavicle, and both legs. Wiggins later encountered Covington in the hospital waiting room. Wiggins heard Covington state that Jordan's mother, Tracie, was out of town and unavailable. Officer Floyd Boswell, who was working in an off-duty capacity at the hospital when Covington arrived with Jordan, also heard Covington tell the nurses he could not contact Jordan's mother.
Forensic nurse examiner Kim Wieczorek testified Jordan's injuries were consistent with blunt force trauma from an external force. She noted Jordan also had sustained abrasions on his ankle and genital injuries. She opined it was unlikely Jordan could have sustained the brain injuries on Friday night at the church, as suggested by Covington.
Dr. William Shafer examined Jordan in the emergency room. Shafer testified that based upon Jordan's cluster of injuries he suspected the boy had been abused and suffered, in part, from Shaken Baby Syndrome. Shafer opined all of Jordan's injuries, with the exception of the facial abrasion, occurred contemporaneously.
Social worker Gretchen Icard interviewed Covington at the hospital. Covington initially told Icard only that Jordan sustained a rug burn to his face on Friday night, that he spent all day Saturday with the child, and stopped at a store on the way home that evening. After the extent of Jordan's injuries were ascertained and reported to Covington, Covington contacted Icard and stated that Jordan had also fallen while skateboarding at the store, that he hit his head on the floor, but appeared fine the rest of the night.
Dr. Marcella Fier
Page 1 2 3 Virginia Personal Injury Attorneys
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