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White v. State

Defendant's videotaped statement was admissible since he signed a written waiver after the officers read him his rights, he was a high school graduate and the officers did not threaten him or offer him any hope of benefit.

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A jury convicted Wendell Allen White of the murder of his six-month-old son.1 The state sought the death penalty, but the jury returned a verdict of life imprisonment without parole. White contends that the trial court erred in admitting his two custodial statements. Because the first statement was excluded from evidence and White knowingly and voluntarily made the second videotaped statement after police advised him of his rights, we affirm.

The evidence at trial shows that White reached through a window and unlocked the back door at his girlfriend’s house. He pulled his son, Wendell Allen Middlebrooks, off the kitchen table where he was sleeping in his car seat. White ran away with the child, but later returned to speak to Ayeisha Middlebrooks, the baby’s mother. A cousin of White’s talked to him for more than 30 minutes, trying to calm him and get the baby. White refused to give the baby to anyone other than Ayeisha and jogged away when she refused to talk to him. Deputies followed White to a nearby school where he threatened to kill the baby if they got any closer. As Ayeisha ran to the school screaming at White, he looked over in her direction, grabbed the baby’s ankles, lifted him up and swung down, slamming the baby’s head against the pavement two times. Five witnesses testified that they saw White slam the baby to the ground, and the medical examiner testified that the baby died from massive blunt force injuries to his head.

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