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Coleman man found guilty of reckless conduct in baby's death
More Big Country A Coleman County jury this evening found Charles Yarbrough, 24, guilty of reckless conduct in the death of his 15-month-old foster daughter Lacey Lynn Nichols.
The case went to the jury at 10:43 a.m. and a verdict was returned after 8 p.m.
Yarbrough originally was charged with capital murder, but the jury chose to convict him on the lesser offense.
He faces a sentence of two to 20 years. The punishment phase of the trial will begin Monday.
Testimony during the weeklong trial indicated that Nichols died of blunt force trauma to the head. Yarbrough pleaded not guilty to the charges.
Before closing arguments began, 42nd District Judge John Weeks read the charges to the jury. The jury is considering Yarbrough's guilt or innocence for the capital murder charge and a second count of murder. Each count is a first-degree felony.
Weeks explained that a person can be charged with capital murder when the crime involves the death of a child six years or under. The jury must consider Yarbrough's guilt or innocence on both counts of the indictment.
If he acquitted those charges, the jury was asked to consider guilt or innocence on two lesser charges of injury to a child with serious bodily injury or injury to a child by reckless conduct.
During closing arguments District Attorney Joe Lee Rose reminded the jury that Yarbrough was left alone with Nichols on Jan. 9, 2006, and that he maintains the child fell off the couch and choked on a toy.
Rose called the chain of events leading to the child's death a "ton of bad luck" for Yarbrough, adding the child could not have fallen off the couch, choked and had the acute injury that doctors reported.
He then showed photos of the child to the jury.
"Somebody has got to stand up for her," Rose said.
Yarbrough's attorney Bob McCool called the case purely circumstantial and told the jury it was filled with reasonable doubt.
McCool reminded the jury that Nichols had just recently come to the home after being taken from her biological parents because of abuse. McCool raised questions about the child's 13-year-old sister, who had cared for her in the days leading up to her death.
"Unless the state proves beyond a reasonable doubt, you cannot send this man to prison for the rest of his life," McCool said.
Posted by Blaze on October 11, 2008 at 4:33 p.m. (Suggest removal)
I hope the good people of Coleman County send a strong statement by giving the maximum sentence, and that the life of a baby is valued, and that abusing and killing a baby will not be tolerated in Coleman County by anyone.
Posted by wmarkp on October 11, 2008 at 6:41 p.m. (Suggest removal)
Guilty, with no reasonable doubt may be hard to prove in this case. Wonder if they gave the man a 'polygraph test'. I also wonder why the high and mighty CPS of Texas would even allow someone whom is apparently extremely irresponsible to even foster a child. They, CPS, ought to be thoroughly investigated on this account, and might as well be investigated on ALL counts, statewide. I simply cannot await the responses I will receive after this comment. But, in my opinion, CPS should be held just as accountable as this man is being held.
Posted by DB on October 12, 2008 at 9:38 a.m. (Suggest removal)
He should have locked up for life.
Posted by keeblersdad on October 13, 2008 at 6:08 p.m. (Suggest removal)
Just heard late this afternoon the trial is a mistrial. Bunch of B--- S---. He needs to be hung.
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