John Lincoln Powers, 24, was co-parenting his 2-month-old child, Kiara, at a residence on Merlin Way when the incident occurred, according to prosecutors. He went to Texas after the death of his daughter and was arrested there after he was indicted in December for child endangering, a second-degree felony, and murder.
Powers’ trial began June 20 in Judge Jennifer McElfresh’s courtroom. The prosecution rested Tuesday and then Powers took the stand testify in his own defense.
After closing arguments, the jury began deliberations at 9 a.m. Wednesday, according to prosecutors.
Second-degree felony child endangering carries a possible sentence of two to eight years in prison. Sentencing is set for July 13.
Butler County Prosecutor Michael Gmoser said that while he does not second guess a jury decision, the split verdict did “disturb” and “shock” his staff and Fairfield Police investigators.
“I have to seek a understanding as to how juries make the decisions and I think I know how it was reached for an inconsistent verdict in this case,” Gmoser told the Journal-News Thursday
He pointed to the law defining murder in two sections, “purposeful killing of somebody” and “violent conduct without the purpose to kill,” which is often referred by attorneys as felony murder.
“I believe this jury had serious concerns about the labeling under Ohio law with respect to murder. Finding somebody who is responsible for causing serious assaultive behavior, but they were unable to connect that to murder, which they felt should be more in line with the generally accepted definition in the street of murder compared what is the lawful definition of murder,” Gmoser said.
He applauded the work of the police investigators and his prosecutors, saying the medical evidence was spot on.
“It was never the less a guilty finding. A serious felony and my expectation is he will serve some serious prison time a the result,” Gmoser said.
Defense attorney Aricia Underwood did not respond to request for comment.
During the first day of trial, the jury saw body camera footage of a Fairfield police officer doing chest compressions with his thumbs in an attempt to revive Powers’ daughter. The defendant cried and wiped away tears as he saw his lifeless daughter on the floor in a pink sleeper.
Officer Andy McGuffey and paramedics were unsuccessful. The infant was pronounced dead on May 10, 2022.
Butler County Assistant Prosecutor Lindsay Sheehan said Powers recklessly abused the baby, causing her death.
Underwood said her client, who often cared for his daughter alone, was “careful; he was loving, he did not shake his daughter to death.”
The child was born in March 2022 and the couple’s relationship ended April 3, 2022. Powers continued to care for his daughter alone after the couple separated, according to prosecutors.
“(The defendant) complained that the child was difficult with him and screamed at him,” Sheehan said during opening statements.
The child’s mother, Kylee Johnson, noticed bruising on the child’s chin area, which Powers said happened when he was burping her, according to prosecutors.
The baby’s vomiting was noted by the mother on April 22, 2022, and on May 9, 2022, after a doctor’s appointment with an ultrasound to try to determine the source of the vomiting. Powers had care of the baby.
At about 8 p.m. that night, Powers messaged the mother saying the child had vomited all over him. He later told detectives he had put her down “harder than normal,” according to court documents.
The child never again appeared neurologically normal, had seizures and screamed all night until Powers called 911 about 5 a.m. May 10, 2022, according to prosecutors. The baby was lifeless when emergency crews arrived, according to prosecutors.
Powers told police that his daughter, who weighed almost 10 pounds and was 22 inches long “was an “a****** to him because she screamed at him for no reason,” Sheehan told jurors.
An autopsy revealed Kiara suffered a massive head injury that killed her on May 10, 2022, and had additional healing brain injuries.
Underwood told the jury there are thousands of text messages between Powers and Johnson — some indicating Kiara would often vomit in the care of both parents.
“This was a tragic accident,” Underwood said during opening statements, noting Powers did not “lawyer up” and wanted to talk to police to find out what happened to his baby.
During cross examination by Underwood, Johnson said it was true about five other people interacted with Kiara during the time period prosecutors say she was abused.
About the Author
