The Virginian-Pilot
©
CHESAPEAKE
The injuries to 3-year-old Alayah Mahone were, literally, indescribable - Dr. Wendy Gunther of the state medical examiner's office testified that she couldn't diagram them because the old and new bruises overlapped so much.
She and other witnesses in a Juvenile and Domestic Relations District Court hearing on Tuesday painted a graphic picture of Alayah's life. Her life ended Nov. 1, four days after rescue workers found her unresponsive in the care of her mother's fiancé, Leon Lamar Surgeon.
The evidence was enough for Judge Eileen Olds to send first-degree murder, malicious wounding and child-abuse charges against Surgeon, 39, to a Circuit Court grand jury.
On Oct. 28, Surgeon called 911. He had cared for Alayah on weekdays for about a month while his fiancé worked at a shipyard, staying at his sister's Western Branch home where he also watched three of her children, testimony showed.
He first told authorities that Alayah fell off the toilet twice, accounting for her injuries. But Detective Jamie Thomas said Surgeon admitted smacking the girl with a belt, grabbing her neck and shoving her face into a corner, shaking her and slamming her down on the toilet for soiling herself.
Thomas startled the courtroom by sharply slapping a wooden lectern to show how hard Surgeon said he sat the girl down.
"I was mad," Thomas quoted Surgeon. "I think I shook her too hard."
Two experts agreed. Gunther and Dr. Suzanne Starling, who directs the Child Abuse Program at Children's Hospital of The King's Daughters, described in detail the girl's injuries, old and new.
"She was covered from head to toe in bruises and abrasions," Starling said.
The cause of death was shaken-child syndrome, exacerbated by battered-child syndrome, Gunther said.
"She was beaten, shaken and left to die," Starling said, prompting a defense objection to her comment.
Surgeon didn't speak during the hearing, and the defense did not call any witnesses. His lawyer argued the evidence does not support a charge of first-degree murder.
Matthew Bowers, (757) 222-5221, matthew.bowers@pilotonline.com
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a caring heart
I as a mother, want to know why is it taking so long to finish this case. Also how can someone take the life of a beautiful little child that haven't even begun to live. I know without a doubt that baby did nothing to deserve what he did to her, and if he couldn't handle her he should have called her mother. I pray for justice soon so that little angel can rest in peace.
Lawyers
Lawyers... you can't live with them, and we can't really live without them. But I disagree with the defense lawyer, it sounds like there is plenty of evidence to support 1st degree murder charges since the abuse happened over a period of time as evidenced by the older and new wounds. It's people like him with a poor temperament that should never be allowed to have kids or even be around them. Kids are not punching bags for adults! This kind of heartache is not necessary. That poor child. She could have had a beautiful and successful life, but instead, she died at the hands of a monster. Simply outrageous. I pray for justice for the little girl.