Stewart v. State

William Grant Stewart appeals his convictions for murder and related crimes in regard to the death of his five-month-old son James Antonio Stewart.1

We view the evidence in a light most favorable to the jury’s verdicts. On the day in question, appellant called 911 to report that the victim was not breathing. A sheriff’s deputy who responded to the 911 call testified that she found the child lying in his crib, not breathing and without a discernible pulse. She administered CPR until paramedics arrived. The paramedics noted the child was exhibiting signs of oxygen deprivation and immediately transported him to the hospital. At the scene, appellant told the deputy that he and the co-defendant Matea Mendez Stewart, who was the child’s mother,2 had laid the child down for a nap and when they went back to check on him, he was unresponsive and had a blanket or towel over his face. A responding paramedic testified appellant told him that he had last checked on the child “20 minutes ago.” Before appellant and the co-defendant left for the hospital, the deputy informed them that their home was a crime scene and the couple gave their permission for authorities to stay inside the house to investigate. Investigators found reddish-brown stains on stuffed animals inside the child’s crib and some reddish-brown stains on a bib and burp cloth located in the couple’s bathroom. The stains were later determined to be the blood and DNA of the victim. The treating emergency hospital personnel were able to improve the victim’s breathing. The treating emergency physician said she discovered that the child had fractured ribs and a bruised skull. While at the emergency hospital, appellant told police that he laid the victim down and checked on him twice in 30 minute intervals. Appellant said when he checked on the victim the second time, the victim had a towel over his face and was not breathing; at that point, appellant called 911 and administered CPR as instructed by the 911 operator. Co-defendant agreed with appellant’s version of events. Appellant gave a written statement to the same effect.