Range v. State

Defendant starved her 2-year-old twins who were unable to stand, walk or talk when DFACS removed them from her custody.

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Malaika Gail Range and Carlos Antwuan Copeland were indicted by a Clayton County grand jury on two counts of cruelty to children by starving Range’s two-year-old twins. A jury found them guilty on both counts. Range’s amended motion for new trial was denied, and she appeals, asserting four enumerations of error. Finding no error, we affirm. 1. Range asserts the general grounds, contending that the State failed to prove every element of the crime of cruelty to children or her involvement in the acts charged. The facts of this case were stated in considerable detail in Copeland’s appeal, which was decided by this court in October 2003. Copeland v. State , 263 Ga. App. 776 589 SE2d 319 2003. That evidence showed that the twins were discharged from the hospital after their birth with no serious medical problems, but two years later were found to be in a starving condition for which there was no medical explanation. They were unable to stand, walk, or talk. Id. at 777-778. As soon as the children were removed by DFACS from Range’s and Copeland’s custody and placed in foster care, “they began to grow, walk, and talk.” Id. at 779. While Copeland and Range testified that they fed the children normally, two physicians testified that the children’s malnourished condition was such that they could not have been fed as Copeland and Range claimed, and that no “organic condition” was found to explain their malnutrition. Id. at 779.

As we held in Copeland , “a review of the record in a light most favorable to the verdict reveals ample evidence from which a rational trier of fact could have found that appellant wilfully deprived the children of necessary sustenance to the extent that the children’s well-being was jeopardized.” Citation and footnote omitted. Id. at 779-780. The trial court did not err in denying Range’s motion for directed verdict.

Range v. State

Defendant starved her 2-year-old twins who were unable to stand, walk or talk when DFACS removed them from her custody.

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