GUILTY IA - Gabriel McFarland, 4 mos, dies of head trauma, Des Moines, 22 April 2014

[ScarlettScarpetta]

I doubt any jury will view their decision as "easy." Especially considering the witness is a teenager friend biased toward the mother. Wet and foaming at the mouth isn't evidence of death or fault. It is still within the realm of possibility that the father left Gabriel with the witness, still alive, because he did not know how to calm him and he knew she was a friend to the mother. If they were trying to feed him milk instead of formula, the child may have been very upset. We just don't know.



Easy case? Far from it.



JMO

Yeah none of those suppositions are facts. We have facts. The cops have facts and he alone us charged with murder.

[modsnip]

The truth is simpler. He is charged with first degree for a reason.
I don't make excuses for baby killers.


Forgive the autocorrect. Tapatalk has a mind of its own.

 

[AnaTeresa]

Yeah none of those suppositions are facts. We have facts. The cops have facts and he alone us charged with murder.

[modsnip]

The truth is simpler. He is charged with first degree for a reason.
I don't make excuses for baby killers.


Forgive the autocorrect. Tapatalk has a mind of its own.

BBM. Just my own personal experience here, but the first degree murder charge could indicate some pretty heavy evidence. However, I don't know the state's policy on infant murder. In some states, all shaken baby/abusive head trauma deaths are automatically charged as first degree murder. Other states, like my own, consider premeditation. I did a quick google, but I haven't dug up anything that definitively points to the policy for Iowa.

If Iowa doesn't charge all SBS/ABT deaths as first degree murder, that's a huge implication of premeditation and very damning.

 

[tlcya]

Will be interested in what you find AnaTeresa in regard to charging protocols on this sort of case.

As you say, that could give us a clearer indication on whether LE and the DA felt premeditation as defined by law is suspected in this case.

Look forward to reading what you find out on that.

 

[jjenny]

Shaken baby syndrome (abusive head trauma) cases can be charged as first degree murder in Iowa.
Thus the first degree murder charge does not indicate prosecution has evidence of premeditation.

"Waterloo attorney Nate Callahan said the problem is based in Iowa's felony murder law, which says deaths resulting from committing a forcible felony, including child endangerment, can be classified as first-degree murder."

http://wcfcourier.com/attorneys-say...cle_a76f7a58-3e86-5a88-9dcb-5016754a7945.html

 

[AnaTeresa]

Shaken baby syndrome (abusive head trauma) cases can be charged as first degree murder in Iowa.
Thus the first degree murder charge does not indicate prosecution has evidence of premeditation.

"Waterloo attorney Nate Callahan said the problem is based in Iowa's felony murder law, which says deaths resulting from committing a forcible felony, including child endangerment, can be classified as first-degree murder."

http://wcfcourier.com/attorneys-say...cle_a76f7a58-3e86-5a88-9dcb-5016754a7945.html

I saw this article previously, but as it was written in 1997, and the science has changed drastically since then, I was looking for more recent documentation regarding Iowa's policy. I've found some articles for other states, such as North Carolina, that indicate some states still have a blanket felony murder charge for SBS/ABT cases. I'm not seeing anything one way or the other on the National District Attorneys Association’s National Center for Prosecution of Child Abuse.

Iowa Code § 707.2 does provide a first degree murder charge for premeditation. However, it also provides a first degree charge when the person kills a child while committing child endangerment under section 726.6, subsection1, paragraph “b”, or while committing assault under section 708.1 upon the child, and the death occurs under circumstances manifesting an extreme indifference to human life.

However, it's unclear whether this is mandatory or discretionary for prosecutors in the state. I would guess, based on the wording of the statute, it's likely automatically applied for child endangerment type murders. That said, it's also possible he was charged because it was premeditated. Until we see an indictment, we won't know which section of the statute they have charged him with. I don't believe that's public record in this case yet - someone correct me if I'm wrong. I've not seen an indictment referenced in any media, but I might have missed it.

 

[ScarlettScarpetta]

BBM. Just my own personal experience here, but the first degree murder charge could indicate some pretty heavy evidence. However, I don't know the state's policy on infant murder. In some states, all shaken baby/abusive head trauma deaths are automatically charged as first degree murder. Other states, like my own, consider premeditation. I did a quick google, but I haven't dug up anything that definitively points to the policy for Iowa.

If Iowa doesn't charge all SBS/ABT deaths as first degree murder, that's a huge implication of premeditation and very damning.

Premeditation is not something that takes more than moments. If you pick up a child with intention to shake. That's premeditation right there.

Either way first degree means they have a lot.


Forgive the autocorrect. Tapatalk has a mind of its own.

 

[AnaTeresa]

Premeditation is not something that takes more than moments. If you pick up a child with intention to shake. That's premeditation right there.

Either way first degree means they have a lot.


Forgive the autocorrect. Tapatalk has a mind of its own.

Yes, I know that. It's entirely possible it was premeditated [Iowa Code § 707.2(1)]; I am not discounting that. However, the first degree murder statute also provides such a charge for the death of a child that arises out of child endangerment or assault without premeditation [Iowa Code § 707.2(5)]. Until we see the indictment, we won't know which section of the first degree murder statute he has been charged.

I'm wondering if it was premeditated, given what we've heard so far. I think it's possible, given some of LE's statements to the media and what's been reported. There could also be issues from the adoption at play with regard to motive/intent/premeditation. But to be fair, it's also entirely possible he's being charged under Iowa Code § 707.2(5), and it wasn't premeditated. Like I said, we won't really know until we see the indictment.

 

[borndem]

I saw this article previously, but as it was written in 1997, and the science has changed drastically since then, I was looking for more recent documentation regarding Iowa's policy. I've found some articles for other states, such as North Carolina, that indicate some states still have a blanket felony murder charge for SBS/ABT cases. I'm not seeing anything one way or the other on the National District Attorneys Association’s National Center for Prosecution of Child Abuse.

Iowa Code § 707.2 does provide a first degree murder charge for premeditation. However, it also provides a first degree charge when the person kills a child while committing child endangerment under section 726.6, subsection1, paragraph “b”, or while committing assault under section 708.1 upon the child, and the death occurs under circumstances manifesting an extreme indifference to human life.

However, it's unclear whether this is mandatory or discretionary for prosecutors in the state. I would guess, based on the wording of the statute, it's likely automatically applied for child endangerment type murders. That said, it's also possible he was charged because it was premeditated. Until we see an indictment, we won't know which section of the statute they have charged him with. I don't believe that's public record in this case yet - someone correct me if I'm wrong. I've not seen an indictment referenced in any media, but I might have missed it.

How about the Arrest Warrant? I don't know anything about Iowa law - but (please forgive this ref, but it's all I know...) in NC, the arrest warrant must show probable cause to justify the arrest to the magistrate or judge who has the power to permit the arrest. The warrant might give a few details about why LE thought an arrest was justified -- maybe that might indicate something to do with premeditation. Dunno.

I am thinking, however, that the A/W is prolly also under wraps...

Just a thought.

 

[borndem]

Premeditation is not something that takes more than moments. If you pick up a child with intention to shake. That's premeditation right there.

Either way first degree means they have a lot.


Forgive the autocorrect. Tapatalk has a mind of its own.

bbm

Yes, SS -- we hear the phrase, "however short," very often when ADAs and/or judges are referring to premeditation.

 

[AnaTeresa]

How about the Arrest Warrant? I don't know anything about Iowa law - but (please forgive this ref, but it's all I know...) in NC, the arrest warrant must show probable cause to justify the arrest to the magistrate or judge who has the power to permit the arrest. The warrant might give a few details about why LE thought an arrest was justified -- maybe that might indicate something to do with premeditation. Dunno.

I am thinking, however, that the A/W is prolly also under wraps...

Just a thought.

The only thing I know about Iowa law is what I've discovered googling today, so it might be there, but I don't know. I have tried finding case documents, with little success. I'm not sure if that's because Iowa has these types of things under seal initially or if it's not available because he's a juvenile but it will appear once he's bound over to adult court.

Any Iowa natives on this thread who might be able to shed light on this?

 

[ScarlettScarpetta]

Will be interested in what you find AnaTeresa in regard to charging protocols on this sort of case.

As you say, that could give us a clearer indication on whether LE and the DA felt premeditation as defined by law is suspected in this case.

Look forward to reading what you find out on that.

The only thing I know about Iowa law is what I've discovered googling today, so it might be there, but I don't know. I have tried finding case documents, with little success. I'm not sure if that's because Iowa has these types of things under seal initially or if it's not available because he's a juvenile but it will appear once he's bound over to adult court.

Any Iowa natives on this thread who might be able to shed light on this?

If he is 17 then he is still a juvenile and so it may not be public.

 

[chaotic_idealism]

They could be charging him with first degree murder because that gives them room to suggest a plea-bargain that he'll accept, but will still be a hefty sentence. If he pleads guilty to a lesser charge, there's no trial, they still get to put him away for a long time without risking him getting away with it.

 

[ScarlettScarpetta]

They could be charging him with first degree murder because that gives them room to suggest a plea-bargain that he'll accept, but will still be a hefty sentence. If he pleads guilty to a lesser charge, there's no trial, they still get to put him away for a long time without risking him getting away with it.

I think they have to have a good cause for charging with First degree. It is not something they through out there. It could very well be what you think but I don't think they can charge first if there is not cause for it. They have to be able to support the charge.

 

[MyBelle]

BBM. Just my own personal experience here, but the first degree murder charge could indicate some pretty heavy evidence. However, I don't know the state's policy on infant murder. In some states, all shaken baby/abusive head trauma deaths are automatically charged as first degree murder. Other states, like my own, consider premeditation. I did a quick google, but I haven't dug up anything that definitively points to the policy for Iowa.

If Iowa doesn't charge all SBS/ABT deaths as first degree murder, that's a huge implication of premeditation and very damning.

He is a juvenile who has not been arraigned. He has also been charged with child endangerment, which fits with first degree murder charge, Sect. 5.

707.2 MURDER IN THE FIRST DEGREE.
A person commits murder in the first degree when the person
commits murder under any of the following circumstances:
1. The person willfully, deliberately, and with premeditation
kills another person.
2. The person kills another person while participating in a
forcible felony.
3. The person kills another person while escaping or attempting
to escape from lawful custody.
4. The person intentionally kills a peace officer, correctional
officer, public employee, or hostage while the person is imprisoned
in a correctional institution under the jurisdiction of the Iowa
department of corrections, or in a city or county jail.
5. The person kills a child while committing child endangerment
under section 726.6, subsection 1, paragraph "b", or while
committing assault under section 708.1 upon the child, and the death
occurs under circumstances manifesting an extreme indifference to
human life.
6. The person kills another person while participating in an act
of terrorism as defined in section 708A.1.
Murder in the first degree is a class "A" felony.
For purposes of determining whether a person should register as a
sex offender pursuant to the provisions of chapter 692A, the fact
finder shall make a determination as provided in section 692A.126.

http://coolice.legis.iowa.gov/Cool-...ory=billinfo&service=IowaCode&ga=83&input=707

 

[MyBelle]

They could be charging him with first degree murder because that gives them room to suggest a plea-bargain that he'll accept, but will still be a hefty sentence. If he pleads guilty to a lesser charge, there's no trial, they still get to put him away for a long time without risking him getting away with it.

They could also be charging him with first degree murder and child endangerment to send a message to the public that they are very serious about this case and how this child fell through the apparently huge cracks in the Iowa's legal system. He has not been arraigned. Police refused to release details of their investigation or autopsy. They have publicly stated the investigation is ongoing.

JMO

 

[MyBelle]

The only thing I know about Iowa law is what I've discovered googling today, so it might be there, but I don't know. I have tried finding case documents, with little success. I'm not sure if that's because Iowa has these types of things under seal initially or if it's not available because he's a juvenile but it will appear once he's bound over to adult court.

Any Iowa natives on this thread who might be able to shed light on this?

I live in the region and a talk radio discussion I heard the other day said he was charged with 1st degree murder to ensure it would be in adult court. If he was just charged with child endangerment resulting in death, he could remain in juvenile court.

No link because I heard it on the radio.

 

[ScarlettScarpetta]

They could also be charging him with first degree murder and child endangerment to send a message to the public that they are very serious about this case and how this child fell through the apparently huge cracks in the Iowa's legal system. He has not been arraigned. Police refused to release details of their investigation or autopsy. They have publicly stated the investigation is ongoing.

JMO

This child did not fall through the cracks. He was with his mother who was taking good care of him by all accounts and then his father when left alone with him killed him. The investigation was ongoing before the charge of murder. That was when that was said. They have their man now. Now we wait for the court system.

 

[chaotic_idealism]

I agree; family services couldn't have prevented this one.

If there had been some history of the father abusing the child before, if someone had made a report, if the mother had suspected and tried to get help and not gotten it--that would have been something that family services could prevent. But this looks like the father just killing the baby the first time he was alone with him, without having previously abused the baby at all.

It would be nice if every murder were predictable and preventable. But not every killer telegraphs their actions beforehand. This one apparently didn't.

 

[ScarlettScarpetta]

I agree; family services couldn't have prevented this one.

If there had been some history of the father abusing the child before, if someone had made a report, if the mother had suspected and tried to get help and not gotten it--that would have been something that family services could prevent. But this looks like the father just killing the baby the first time he was alone with him, without having previously abused the baby at all.

It would be nice if every murder were predictable and preventable. But not every killer telegraphs their actions beforehand. This one apparently didn't.

She said that he had been over many times and helped with the baby when he was there. Even giving him baths.. There was no way to know this would happen. It is just so tragic.

 

[MyBelle]

I agree; family services couldn't have prevented this one.

If there had been some history of the father abusing the child before, if someone had made a report, if the mother had suspected and tried to get help and not gotten it--that would have been something that family services could prevent. But this looks like the father just killing the baby the first time he was alone with him, without having previously abused the baby at all.

It would be nice if every murder were predictable and preventable. But not every killer telegraphs their actions beforehand. This one apparently didn't.

[modsnip]. Of course family services can't prevent something they know nothing about. If the baby had been dismissed from the hospital to a teenage mother with no job and not in school, the hospital social services would have to report it to social services agencies so that food, formula, health care, shelter, heating assistance could be provided to both mother and child. The mother is a minor child herself and is as much a victim as her child.

JMO