GA - Caliyah McNabb, 15 days, Newton County, 7 Oct 2017 *Arrests*

[MsFacetious]

The premeditation could have been in the moment. As in he became angry and got the baby and left the house and did what he did. He could have snapped and stormed out.


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Absolutely true in a legal sense. We've seen it many times.
I just get the impression they are referring to more than just a few minutes premeditation.
Just the way LE is wording things makes me feel like there was more planning.
Obviously he's an idiot... but that doesn't mean he didn't think he had a great plan to get away with it.

 

[rsd1200]

I got out!! It’s just hard to leave. Women’s shelters are an amazing thing. Some women stay there, I was truly blessed by a great boss and company who payed my rent for a year, payed for individual therapy for 2 years. So I was very very lucky.


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Congrats!! I'm very happy for you!

 

[Grouchymom]

IMHO too many people have children for the wrong reasons.

Those who have babies so someone will love ❤️ them should seriously rethink birth control.
Those who want babies to fill a void in their lives should get a stuffed animal 🐻 instead.
Those who want a mini-me should get a funhouse 🤡 mirror.
Those who want a baby to feel important or complete try a college degree 🎓 or a job.
Those who want babies as a way to catch 🎣or keep a significant other - get a new significant other.
Those who want a baby because they think it’s what they are supposed to do - break that rule, rebel please.
Those who want a baby as an accessory get a new purse 👜, bracelet 💍 or 🚗 (the car is cheaper than a baby)
Those that want a baby to obtain independence go to court ⚖️ become emancipated.

Those who want babies to love ❤️ should keep on making babies.
Those who want babies to love ❤️ More than life itself should keep on making babies.
Those who want to give a child the tools ⚒ to be a contributing member of society keep on making babies.

Those who aren’t afraid of:
being known only as someone’s Mom or Dad,
working long hours for no pay,
be sleep deprived for at least 25 years,
having their heart broken
having their heart swell with pride and
being willing to lay down your life to protect someone other than yourself
Those people should keep on making babies.👶🏻👶🏼👶🏽👶🏾👶🏿

Again, JMHO

 

[Jennifer17]

I know we're getting a bit o/t, but, heading back on track. Depending on the circumstances, there are children who do still love their parents, and want to see them, and look forward to their call, and that visit. Some blame the foster parent for them not being able to see their parents anymore, if rights are ultimately terminated. Many times foster care is not what folks think it is and even though things might have been very bad at home, they are now in a home of strangers, sometimes swept up in the middle of the night, and surrounded by new faces. Some of those strangers are in it for the $, and do what they have to do, while others are good folks, trying to do good things, and make the children feel loved and wanted. The ones who are in the latter group are very special folks. It's very difficult to win a child's trust and love and many times there is a lot of medical visits, mental health visits, and tension in the home, especially during the first couple of years. This is one of the reasons that I thought that maybe the father had contacted one of those internet sites, arranged for her to be "re-homed", for lack of a better word, and, to deflect any negativity within their church and community, devised the tree story (and it's even possible he could have arranged this withou his spouse even knowing). A community and church are much more sympathetic to a lost child, than, a child that you gave a way, or asked a re-homing fee for, on the internet.

I am not talking about children who have been in forster care. I am talking about men who have abused their own children and then force their own children to interact with them, by forcing said children to sit in the same room as them and converse with them. The very men who cannot be allowed to see them without supervision.

 

[rsd1200]

BBM

It appears that Mom called LE at 5:58 p.m. on October the 3rd. They have the contact listed as Courtney Dale. I think they just misunderstood her last name, and they have a phone number listed. (Bell and Dale do sound similar, especially if you have an accent and may be talking fast. I have to repeat words/spell them, for folks, and my accent is not as bad as some.)

It says that the complainant (Mom) is standing by at 1**7 W***Lawn Dr. Lot 31, and advised that she let her two y/o daughter and newborn, spend the night, w/her cousin, at Eagle Point MHP.

Complainant, CB, said that her parents picked the kids up, and took them, w/o her permission. CB was able to get the two year old child out of the car, but, her parents did take the newborn to 65 L***don Dr. (this is 15 miles away)

LE then got a call from TB, the grandfather, and it lists his phone number, and the address as 65 L**don Dr., in ref to having one of the children.

Note: CM's arrest for probation violation on 4/6/2017, lists his address as 65 L**don Dr.

Link to October 3rd, 2017, 911 call.

https://www.covnews.com/documents/345/Custodial_Int_12145_GA_Hwy_36__CAD_100317.pdf

I'm replying to my own post. I was looking at the addresses, and was wondering if the parents were at another location when the grandparents came by, maybe to see the baby, and were unhappy that the baby was in someone else's care. Maybe they didn't think the cousin was a good sitter, and/or it was too soon for the infant to be left with a sitter, and/or the sitter needed a break. It could have been the latter, CB says that the infant, and two year old spent the night with a cousin in the Eagle Hill MHP. The call was made, by mom, at 17:58. That's almost 6:00 p.m. So the kids had spent the night and on into the next day, the way the report is worded.

I was noticing something else, the address for Eagle Hill Mobile Home Park is 12145 Highway 36 Covington, GA 30014-5378. Each trailer has a lot #. The call says Lot 31.

CB states that she (comp) is "standing by" at W**dlawn Rd. (I don't think that street name is in the trailer park). There is a W**dlawn Rd, with that address #, nine miles to the east of the MHP (and there is a W**dland Rd, and a W**dland Ridge, a few miles to the northwest of the MHP, but neither are in the MHP).

At 6:50 p.m. the grandfather, TB, called LE, ref having one of the children. His address is listed as the L*udon address and is eight miles from the MHP.

I just found a couple of those a bit interesting, and wondered about that other address too, and how long the kids had stayed with the cousin before the grandparents had come for them, and when the grandparents returned the infant to her parents. I hope this makes some sort of sense.

 

[rsd1200]

I am not talking about children who have been in forster care. I am talking about men who have abused their own children and then force their own children to interact with them, by forcing said children to sit in the same room as them and converse with them. The very men who cannot be allowed to see them without supervision.

Okay, I understand where you are coming from now. I misunderstood. Quite honestly if someone is a <modsnip> child abuser, they should go to prison, and stay in prison. Some parents just need parenting classes, and some guidance, that's where I was going. Intentional harm? No. As I said in my OP (I think it was on here) I've seen children who have been deliberately harmed, and who have lived in a home with a violent parent. Lock up these people who are hurting children, and others, and keep them locked up.

 

[2Hope4]

Oh man. Those grandparents. They knew the kids needed to be with them, and from the 3rd to the 7th....baby went missing on the 7th. I can't imagine their grief. Tried to save them. I wonder why Courtney would have called the police instead of goin to her Dad's and getting the kids? Entire thing is just messed up and a baby dead. :tantrum:

 

[cvaldez1975]

I don't agree with the snapping thing. It seems like an excuse to me. He was an ok person, he just snapped and killed a 15 day old infant? Who snaps like that? She was crying? Snap. She wouldn't drink her milk? Snap.

I'm not making excuses for him I just meant he may not have planned for days.... he may have planned it within a couple minutes


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[JanetElaine]

Aw, I am so so sorry that you and your children have to deal with such a nightmare. :candle: :grouphug:


The courts these days are leaning heavily towards the sentiment that " being a parent is a fundamental right."

I am sorry, but I think that a parent gives up that right, once they sexually or physically abuse their child, or any child. If you decide to rape a child, you should not count on retaining your 'rights' as a father. JMO

Thank you. And I agree.

 

[Abp5]

I don't agree with the snapping thing. It seems like an excuse to me. He was an ok person, he just snapped and killed a 15 day old infant? Who snaps like that? She was crying? Snap. She wouldn't drink her milk? Snap.

I agree. I think he planned this. This is a quote from one of the local news articles.

“Detectives allege that not only did McNabb kill his 2-week-old, who disappeared on Saturday, but also that he planned her murder and the effort to hide her body in a duffel bag in the woods.
Police told Channel 2’s Nicole Carr that the suspect was not just a dad who snapped.”


http://www.wsbtv.com/news/local/father-charged-with-murder-in-death-of-2-week-old/623258743

 

[Vivette]

Yes, this is true. My now exH raped our daughter (at 13) and sexually abused our son (up to 3 years old) and when he gets out of prison in five years I'm going to have to deal with him getting custody back and visitation (right now he has neither).

Omg no

 

[Karinna]

I agree. I think he planned this. This is a quote from one of the local news articles.

&#8220;Detectives allege that not only did McNabb kill his 2-week-old, who disappeared on Saturday, but also that he planned her murder and the effort to hide her body in a duffel bag in the woods.
Police told Channel 2&#8217;s Nicole Carr that the suspect was not just a dad who snapped.&#8221;


http://www.wsbtv.com/news/local/father-charged-with-murder-in-death-of-2-week-old/623258743

Did McNabb admit or confess to any of the crime he is charged with??
This is what is on the Criminal Warrant
Aggravated Battery.
Concealing Death of Another.
Felony Murder malice.
Premeditated Murder is not proven after the fact, but the intent prior to committing the act. If they have evidence to prove that then all well and good, but if not they might have a hard time proving it because the standard by prosecution to prove PM is quite difficult from my understanding of the law.
Guess we will just have to wait & see until this goes to the Grand Jury.

 

[MsMarple]

Did McNabb admit or confess to any of the crime he is charged with??
This is what is on the Criminal Warrant
Aggravated Battery.
Concealing Death of Another.
Felony Murder malice.
Premeditated Murder is not proven after the fact, but the intent prior to committing the act. If they have evidence to prove that then all well and good, but if not they might have a hard time proving it because the standard by prosecution to prove PM is quite difficult from my understanding of the law.
Guess we will just have to wait & see until this goes to the Grand Jury.

Georgia law doesn't require premeditation. Malice murder is defined as

(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
https://law.justia.com/codes/georgia/2016/title-16/chapter-5/article-1/section-16-5-1/

IMO implied malice could be applied here since CM deliberately used an object to hit Caliyah that was capable of killing her, which it did. IOW, he showed a reckless disregard of the likelihood it would kill her, as opposed to (as an example) throwing a smaller, lighter object like a ball at her which ended up rupturing an organ. MOO.

Anyway, both malice and felony murder carry the same punishments. Another weird thing about Georgia law is that juries can find defendants guilty of both malice and felony murder, although I believe the judge merges the two and sentences it as one conviction if there is only one victim..

 

[Karinna]

Georgia law doesn't require premeditation. Malice murder is defined as

(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
https://law.justia.com/codes/georgia/2016/title-16/chapter-5/article-1/section-16-5-1/

IMO implied malice could be applied here since CM deliberately used an object to hit Caliyah that was capable of killing her, which it did. IOW, he showed a reckless disregard of the likelihood it would kill her, as opposed to (as an example) throwing a smaller, lighter object like a ball at her which ended up rupturing an organ. MOO.

Anyway, both malice and felony murder carry the same punishments. Another weird thing about Georgia law is that juries can find defendants guilty of both malice and felony murder, although I believe the judge merges the two and sentences it as one conviction if there is only one victim..

Thanks for the link regarding GA law on murder. Didn't LE mention about the premeditation in msm though?
Does "blunt force trauma" necessarily mean struck with an object? What if the perp. bashed her head into a wall or a sharp corner etc., wouldn't that also be a blunt force trauma? Sorry to be so graphic, but have read about that type of thing in child murder cases before, and that is also called blunt force trauma causing death.
Wonder if they found a murder weapon with McNabb's DNA on it if they think there was an object the baby was hit with?
There was also drug paraphenalia found near Caliyah's body, wonder how that factored in if at all?
The mother mentioned in her 911 call that they were both asleep on the sofa and the baby was in a back room with the sister. Wonder what time they both went to sleep on the sofa if the baby's last feed was around 5am? Lots of questions in this case for sure.

 

[i8mypaint]

Thanks for the link regarding GA law on murder. Didn't LE mention about the premeditation in msm though?
Does "blunt force trauma" necessarily mean struck with an object? What if the perp. bashed her head into a wall or a sharp corner etc., wouldn't that also be a blunt force trauma? Sorry to be so graphic, but have read about that type of thing in child murder cases before, and that is also called blunt force trauma causing death.
Wonder if they found a murder weapon with McNabb's DNA on it if they think there was an object the baby was hit with?
There was also drug paraphenalia found near Caliyah's body, wonder how that factored in if at all?
The mother mentioned in her 911 call that they were both asleep on the sofa and the baby was in a back room with the sister. Wonder what time they both went to sleep on the sofa if the baby's last feed was around 5am? Lots of questions in this case for sure.

They did say blunt force trauma with an unidentified object. I took it as he did not bash her head into something. I believe it states that in the arrest warrants.


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[Karinna]

They did say blunt force trauma with an unidentified object. I took it as he did not bash her head into something. I believe it states that in the arrest warrants.


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Then they must of found said object with both McNabbs's and the baby's DNA on it i would think?

 

[i8mypaint]

Then they must of found said object with both McNabbs's and the baby's DNA on it i would think?

I’m very unsure about this because it says unidentified object... so does that mean they don’t know what it is. I’m very interested in what they do have, that points solely to the Dad? (Besides the obvious)


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[Karinna]

I&#8217;m very unsure about this because it says unidentified object... so does that mean they don&#8217;t know what it is. I&#8217;m very interested in what they do have, that points solely to the Dad? (Besides the obvious)


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Agree,& If it states "unidentified object" then that does imply they don't know what it is. They sure will need evidence that the father committed the crime though for the charges to stick and for a conviction in court if this goes to trial, which i imagine being a murder case it will go through to trial. A lot of people thought Casey Anthony's case was a slam dunk in her murdering of Caylee at trial and look how that worked out.

 

[cvaldez1975]

ive been thinking this for a few days but didn't say it because it is graphic....... I think they should check his shoes #cries I have put off verbalizing that.

They did say blunt force trauma with an unidentified object. I took it as he did not bash her head into something. I believe it states that in the arrest warrants.


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[cocomod]

He could have thrown her against the wall. Unfortunately, since joining WS, I have heard this many times. If a person can't handle a baby crying, I just wish that they would give the baby up to a loving home. :cry: