GUILTY TX - Maleah Davis, 4, Houston, 5 May 2019 *EX-FIANCÉ ARRESTED* #12

[PommyMommy]

Why is it just charged as 'causing injuries to a child', when she was found dead?

I don't know. We haven't seen @mrsmmm for a while but she was following here and was verified as an attorney. I keep hoping she'll pop in and give us some insight. MOO

 

[katydid23]

She died later from the injuries is the way I read that charge? Odd.

Right, she died later and was dumped in a ditch, by the one who killed her.

I don't see the legal difference of her dying when he hit her, or later on, as she laid there alone, without medical treatment. That is clearly murder, in my opinion.

 

[CSIDreamer]

"...on or about May 1, 2019 while having assumed care, custody, and control of Maleah Davis..."

ETA: @CSIDreamer, Jinx!

I went in search of the timeline when I saw that date.

 

[CSIDreamer]

Right, she died later and was dumped in a ditch, by the one who killed her.

I don't see the legal difference of her dying when he hit her, or later on, as she laid there alone, without medical treatment. That is clearly murder, in my opinion.

Mine too.

 

[sparkleghost]

I don't know. We haven't seen @mrsmmm for a while but she was following here and was verified as an attorney. I keep hoping she'll pop in and give us some insight. MOO

Right, she died later and was dumped in a ditch, by the one who killed her.

I don't see the legal difference of her dying when he hit her, or later on, as she laid there alone, without medical treatment. That is clearly murder, in my opinion.

Apologies if a similar link/article has already been shared - the KHOU links never work for me here in the UK, so I don’t know what they say.

New charge filed against Derion Vence in connection with Maleah Davis' death

This one includes some commentary from “Legal Analyst” Brian Wice (I think we may have heard from him before on this case?) with speculation as to why the DA’s office may have gone down this route. It sounds like it may be easier to get a conviction in terms of proving guilt / the burden of proof at trial. MOO

 

[PommyMommy]

AUG 5, 2019
MALEAH DAVIS: Derion Vence facing new injury to a child charge in 4-year-old's death
[...]

The state earlier this month filed a motion for a protective order on medical records Vence's defense team requested. Court documents show the defense is seeking medical records from two hospitals, including Sugar Land Methodist, where the suspect made his original claim of being attacked. The defense is also seeking Maleah's medical records from Texas Children's and West Houston hospitals.

[...]

New charge filed against Derion Vence in connection with Maleah Davis' death
[...]

The charge is a first-degree felony, which carries the same penalty as murder, five to 99 years in prison.

"When all is said and done, if a jury finds this defendant guilty of injury to a child, the penalty range is the same as it would be had a jury convicted him of murder, five to 99 years to life in a penitentiary," KPRC legal analyst Brian Wice said.

[...]

If prosecutors had charged Vence with murder, they would have had to convince a jury that he knowingly and intentionally caused Maleah's death. Instead, with the injury to a child charge, prosecutors will have to convince a jury that Vence knowingly and intentionally caused Davis serious bodily injury.

[...]

According to court documents, Vence is accused of knocking Maleah to the floor, causing her to suffer a blunt trauma injury and then failing to provide Maleah with proper medical care for the injury.

According to court documents, prosecutors will argue that Davis knowingly and intentionally caused Davis serious bodily injury in five ways: by striking her with his hand, with a blunt object, by causing her to strike the floor, by causing her to strike a blunt object, and by failing to provide proper medical care to her.

[...]

Medical examiners said they will not release Maleah's autopsy results until the investigation is over.

[...]

The Harris County District Attorney's Office released a statement:

Derion Vence was charged Monday with a first-degree felony, punishable by up to life in prison, in the death of four-year-old Maleah Davis, Harris County District Attorney Kim Ogg announced Monday.

(continued at the link)

 

[PommyMommy]

Apologies if a similar link/article has already been shared - the KHOU links never work for me here in the UK, so I don’t know what they say.

New charge filed against Derion Vence in connection with Maleah Davis' death

This one includes some commentary from “Legal Analyst” Brian Wice (I think we may have heard from him before on this case?) with speculation as to why the DA’s office may have gone down this route. It sounds like it may be easier to get a conviction in terms of proving guilt / the burden of proof at trial. MOO

I will have to ponder this. It is not quite sinking in for me just yet. MOO

 

[lonetraveler]

I will have to ponder this. It is not quite sinking in for me just yet. MOO

I feel the very same. It's as if his explanation of pushing her out of his lap is going to be the State's case? I just really don't feel very good about this angle. I don't know who killed Maleah and I really hope that with this charge the killer does not go free if he did not kill her. I don't know what to think right now. I've got to think about this for a while.

 

[sparkleghost]

I will have to ponder this. It is not quite sinking in for me just yet. MOO

I feel the very same. It's as if his explanation of pushing her out of his lap is going to be the State's case? I just really don't feel very good about this angle. I don't know who killed Maleah and I really hope that with this charge the killer does not go free if he did not kill her. I don't know what to think right now. I've got to think about this for a while.

It is tough to know how to feel about it. I’m really glad to see further charges brought (little Maleah’s case is the first I ever followed on WS and had me in tears more than once!), but equally, I am terrified of him “getting away with it” / getting off lightly.

Perhaps further charges are to come still - the article also said that the full autopsy report won’t be released by the ME until the investigation is over, so they’re obviously still hard at work building their case. I will sit tight and hold onto hope for now!

 

[Seattle1]

I feel the very same. It's as if his explanation of pushing her out of his lap is going to be the State's case? I just really don't feel very good about this angle. I don't know who killed Maleah and I really hope that with this charge the killer does not go free if he did not kill her. I don't know what to think right now. I've got to think about this for a while.

The charge is a first-degree felony, which carries the same penalty as murder, five to 99 years in prison.

"When all is said and done, if a jury finds this defendant guilty of injury to a child, the penalty range is the same as it would be had a jury convicted him of murder, five to 99 years to life in a penitentiary," KPRC legal analyst Brian Wice said.

[...]

If prosecutors had charged Vence with murder, they would have had to convince a jury that he knowingly and intentionally caused Maleah's death. Instead, with the injury to a child charge, prosecutors will have to convince a jury that Vence knowingly and intentionally caused Davis serious bodily injury.

I believe prosecutor is doing all he can to insure a guilty verdict under injury to a child charge, which will keep DV incarcerated for maximum term.

The burden of proof for injury to child requires convincing jury that DV knowingly and intentionally caused Maleah serious bodily injury. I'm confident this burden can be met.

The burden of proof for murder is a high one -- proving DV knowingly and intentionally caused Maleah's death.

 

[dixiegirl1035]

Mother of Maleah Davis responds to new charge against Derion Vence

From abc13

Maleah Davis' mother, Brittany Bowens responded to the new charge, saying, "It's not fair to Maleah. At this point I want to know what happened to my daughter. The fact that he went through a great extent to cover himself is unbelievable. It's not enough. These charges aren't enough. But I have faith justice will prevail. Maleah we love you forever."

 

[dixiegirl1035]

New charge filed against Derion Vence in connection with Maleah Davis' death

From click2houston

"When all is said and done, if a jury finds this defendant guilty of injury to a child, the penalty range is the same as it would be had a jury convicted him of murder, five to 99 years to life in a penitentiary," KPRC legal analyst Brian Wice said.

If prosecutors had charged Vence with murder, they would have had to convince a jury that he knowingly and intentionally caused Maleah's death. Instead, with the injury to a child charge, prosecutors will have to convince a jury that Vence knowingly and intentionally caused Davis serious bodily injury.

"It basically gives the state a break," Wice said of the new charge, "in terms of the ... quality of the evidence they would have to submit to a Harris County jury to get what they believe will be a life sentence."

 

[PommyMommy]

AUG 6, 2019
Mom’s ex faces new charge in death of 4-year-old Maleah Davis
[...]

District attorney’s office spokesman Dane Schiller said the investigation in the case continues and a potential murder charge against Vence is “not off the table.”

Murder and injury to a child both carry a sentence of up to life in prison, Schiller said.

[...]

 

[?mysterian?]

He hit Maleah with his hand and also with a blunt object causing her to strike the floor. Then threw her body away. What a disgusting sickening coward.

Yes, and I don't think it was the first time she had ever been hit like that, IMO.

 

[?mysterian?]

I feel the very same. It's as if his explanation of pushing her out of his lap is going to be the State's case? I just really don't feel very good about this angle. I don't know who killed Maleah and I really hope that with this charge the killer does not go free if he did not kill her. I don't know what to think right now. I've got to think about this for a while.

Don't forget about the two specific mentions of her being struck with the blunt object. He's going to be hard pressed to explain that away, IMO.

ETA: Plus, where was her medically-necessary helmet she was supposed to be wearing? Can't someone be charged with neglect for her not having that on?

 

[v0x]

Complete, newly filed court documents attached.

Source: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records

Case # 164142601010- 3

 

[katydid23]

Well, if they go with the lower charges, I hope and pray they give him the maximum sentence. Because if he just gets the 2 years minimum, he will be set free almost immediately.

 

[girlhasnoname]

I hope this defendant is nailed to the prison walls until he takes his last breath. Poor Maleah was abused and neglected prior to this incident, and hopefully there will be more charges to others going forward.
#JUSTICEFORMALEAH

 

[tlcya]

I believe prosecutor is doing all he can to insure a guilty verdict under injury to a child charge, which will keep DV incarcerated for maximum term.

The burden of proof for injury to child requires convincing jury that DV knowingly and intentionally caused Maleah serious bodily injury. I'm confident this burden can be met.

The burden of proof for murder is a high one -- proving DV knowingly and intentionally caused Maleah's death.

I tend to agree. I'm happy to see this new charge. I think it wise for the state to make this charge as it's one with a lesser burden of proof. Not to be morbid and without going into detail, I suspect the COD will never be known. DV will never tell anything but a self serving version of events and the mowers did what they did as far as the remains. This new charge, IMO may be the best chance to get a stiff sentence for DV.

 

[PommyMommy]

Michelle Choi on Twitter
HAPPENING NOW: A group of #maleahdavis supporters showed in court, we’re waiting to see if Derion Vence, Maleah’s stepdad will stand before a judge. This time he’s facing a new charge: injury to a child in connection to her death. I’m told he’s on the docket. #KHOU11 #HTownRush
9:22 AM - 7 Aug 2019 from Houston, TX

Michelle Choi on Twitter
Update: Derion Vence case reset for Sept. 16 - judge set both of his bonds at $45,000 each, including the new charge of injury to a child. Maleah Davis supporters including her cousin says they’re beyond frustrated and angry about what’s happening in the case. #khou11 #HTownRush
9:53 AM - 7 Aug 2019 from Houston, TX

Ivory Hecker FOX 26 on Twitter (Video)
#MaleahDavis Update: Derion Vence did not appear in court this morning as his bond was set at $45,000 for the new charge of injury to a child causing serious bodily injury. I tried to ask his attorney Dorian Cotlar a few questions. Not a friendly guy.
10:27 AM - 7 Aug 2019