Jurors deliberate baby-death case

By Joe Gorman

jgorman@vindy.com

YOUNGSTOWN

Prosecutors said in closing arguments Friday for a man accused of killing his 15-month-old son there was no way the child could have suffered the massive injuries and still be able to function for several days.

Defense attorney Joseph Gardner, however, told jurors in Mahoning County Common Pleas Court a defense expert testified Rayvon Stewart could have been functioning after suffering the injury that led to his death, and jurors had a choice to believe his expert or the pathologist with the Summit County Coroner’s Office who performed the autopsy.

Gardner is representing Larry Dawson, 26, of Wesley Avenue, who is charged with murder and two counts of child endangering in the death of Rayvon in December 2012.

Testimony began Tuesday before Judge Shirley Christian. Jurors began deliberating the case about 11:30 a.m. Friday, and the judge sent them home about 5 p.m. They are expected to continue deliberating Monday.

An autopsy revealed Rayvon died from a massive brain injury caused by blunt-force trauma to the back of the head. Assistant Prosecutor Jennifer McLaughlin said the injury was so devastating it had to have happened within hours before help was summoned for the child.

Dawson was charged because the baby was in his care when he suffered the fatal injury. McLaughlin said Dawson was with his girlfriend – who is not Rayvon’s mother – and Rayvon was fine when she left the house. When she returned, Rayvon was near death, McLaughlin said.

After Rayvon was taken to Akron Children’s Hospital, Dawson left the hospital with his girlfriend, McLaughlin said.

She said McLaughlin’s demeanor and the absence of any injury to Rayvon when his girlfriend left is enough for jurors to conclude Dawson is guilty.

She said the judge would instruct the jurors that they were to give as much to circumstantial evidence as to direct evidence. She termed the case a “classic” circumstantial case.

“What else could have occurred at this time?” McLaughlin said. “Nothing else makes sense.”

Gardner said the baby’s injuries were consistent with a fall down the steps. Dawson told police he had found Rayvon at the bottom of the steps a few days before he died on his back. He also said that if Rayvon had been punched in the back of the head there would be marks from a fist, and no marks were found there.

Gardner also said the pathologist failed to take tissue samples of other marks on the baby’s head to prove his diagnosis that they were bruises.