TN - Timea Batts, 11, shot by father after getting off school bus, 8 August 2016

[MsMarple]

The jury has begun deliberations.

The video here showed a bag containing 6k that LE found in Batt's closet - maybe that's why he was so nervous that day. The defense objected to admitting it into evidence but the judge allowed it.

http://www.wsmv.com/story/35907795/...te-shows-video-of-11-year-old-girl-being-shot

FIY, the video on this page does not show the shooting.

 

[MsMarple]

Jury will Continue Deliberating Thursday in Timothy Batts Trial

Her father was charged with reckless homicide, tampering with evidence, being a felon in possession of a firearm, and false reporting in the case. However, on Wednesday, the judge threw out the charge of false reporting.
...
“We both were just crying and apologizing so much and telling her how sorry I was and letting her know, ‘Timea, I didn’t mean to do this. You know I would never do anything to hurt you.’ And she was like, ‘Daddy, daddy, just tell me this is just a dream, tell me this is just a dream.’ And I kept on telling her ‘I’m sorry, Timea, I’m sorry.’ And she just was like, ‘I know it daddy, I know it,” Batts recalled.

http://wkrn.com/2017/07/19/testimony-continues-wednesday-in-timothy-batts-trial/

This is such a sad story - while I don't believe Batts shot Timea on purpose the shooting itself didn't have to happen. Batts should never had been in possession of a gun and his claim of "holding" it for his cousin who "had too much to drink" and so he left it with Batts - in its case - doesn't ring true.

According to the video, just minutes before shooting Timea, Batts is on video holding the gun, talking on his cell phone so it was not left in its case and was in his hand before Timea even got home from school.

Moreover, Batts shot blindly, not bothering to see who the "intruder" was, even though he knew all four of his kids were due home from school around that time. Batts claims he didn't know they were due home around that time though he was home that afternoon for the very purpose of being there when they got home from school.

http://fox17.com/news/local/timothy-batts-takes-stand-recounts-day-of-daughters-fatal-shooting

I get that he was skittish after having been the victim of a shooting (the perp was a man who had another child with Timea's mother), I get that he might have thought an intruder came into the house (msm reports that LE did not connect the bag of $6,000 to a crime, drug-related or otherwise).

What I don't get is that he should not have had the gun in the first place because he is a convicted felon and he himself admitted he shot without looking. Plus, how this all happened the way Batts testified doesn't make sense - the video timestamp shows he was not sleeping at the time of the shooting.

This is such a waste of a young life and shame on the community for not calling Batts out for his reckless behavior! IMO his actions absolutely qualify for reckless homicide.

RIP Timea. :tears:

 

[JusticeWillBeServed]

[video=twitter;888087474639175680]https://twitter.com/reporterlathon/status/888087474639175680[/video]

BREAKING #timothybatts not guilty attempted tampering, guilty felony gun possession. Hung on reckless homicide.

 

[JusticeWillBeServed]

Juror in Timothy Batts trial says 11-1 split led to hung jury

A member of the jury in the Timothy Batts trial is speaking out, and he says 11 of the 12 jurors thought Batts was guilty of the most serious charge he faced.

One hold-out wouldn’t budge, leading to a hung jury on the reckless homicide charge against Batts.

Batts offered some emotional testimony on the witness stand, but the jury was unmoved. He said they found it disturbing that a father with small children in the house would fire a weapon without knowing what or whom you’re firing at.

Still, he said they definitely believed him and at the time felt overwhelming emotions.

http://www.tennessean.com/story/news/2017/07/20/timothy-batts-trial-day-two-deliberations-underway/495337001/

Batts, who prosecutors say they plan to retry on the reckless homicide charge, faces two to four years in prison for the charge jurors convicted him of during the four-day trial before Sumner County Criminal Court Judge Dee David Gay. Batts, who has two felony drug convictions, is not permitted to have a firearm.

Sentencing is Sept. 1.

 

[MsMarple]

August 25, 2017, Batts takes plea deal in Timea's shooting.

"I’m not at liberty to say what the agreement is," Sumner County District Attorney Ray Whitley said Friday afternoon, adding, "There won't be another trial."
...
A sentencing hearing is set for Sept. 1, when the details of the plea deal will become public. Whitley said Batts will be sentenced on the reckless homicide count, and another charge on which the jury found him guilty: being a felon in possession of a weapon.

http://www.tennessean.com/story/new...atal-shooting-11-year-old-daughter/602904001/

Attorneys for Batts called the hung jury a "victory" for Batts and stated they planned to work with Whitley. On the day of the verdict, defense attorney Joy Kimbrough stated "I really want to talk to prosecutors, I'd really like to get this case resolved."
...
"Each charge carries from two to four years and the question is as to whether or not, I don't want to speculate, but each charge does carry two to four years," Whitley said. "So they could run concurrently or there could be a sentencing hearing on one or there could be a sentencing hearing on two. I know what we're going to do, but I'm not at liberty to say at this point and the judge had asked that we not say what is going to happen."

Batts has two previous felony drug convictions and that could have some bearing on the sentencing in this case

http://fox17.com/news/local/plea-deal-reached-for-timothy-batts-sentencing-scheduled-friday

I have a sinking feeling Batts will skate on the reckless homicide charge and maybe walk out with time served. I just know there's more to this story and I really, really hope the truth of what happened that day will eventually come out. Batts was spooked and defensive over something - why else would he be seen on CCTV pacing while on the phone with a loaded gun in his hand?

 

[MsMarple]

Sentenced to 4 years, under the plea agreement sentences of the other charges will be served concurrently. Must serve 30% - so about 14 months if he keeps his nose clean.

District Attorney General Ray Whitley argued that Batts should serve the maximum possible sentence because of his history of not abiding by terms of previous convictions. Batts had one misdemeanor conviction and one felony conviction related to possession of drugs. He received probation in both convictions.

In both cases, Batts, now 30, violated terms of his probation. After he was arrested last year for the shooting death of his daughter, Batts violated his bond when he failed a drug test because of cocaine in his system.
...
“I need them [his children] to know this was a horrible accident,” Batts said in a prepared statement he read to the court. “I need to be there so we can rebuild my family and move forward.”

http://www.tennessean.com/story/new...mothy-batts-sentencing-live-update/623625001/

Batts didn't even take responsibility for his actions and instead called the senseless shooting of Timea a "horrible accident." I suspect the penal system will see him again in the future.

RIP Timea :rose:

 

[JusticeWillBeServed]

Crime Watch Daily:
Dad mistakes daughter home from school for intruder, shoots her dead - October 2017