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View Full Version : GUILTY 13 yr old charged with 2nd degree murder of 2 yr old



laura08
06-23-2010, 03:29 PM
http://www.cbsnews.com/8301-504083_162-20008573-504083.html?tag=latest

YORKVILLE, N.Y. (CBS/WTVH) Police charged a Whitesboro, N.Y. teenager with second-degree murder Monday after the 2-year-old girl he was babysitting on Friday was found dead,.

The 13-year-old boy pleaded not guilty in Floyd Town Court where he was held without bail awaiting a hearing on Friday, said State Police Capt. Mark Lincoln during a news conference.

According to WTVH, the boy is accused of hitting "family friend" Melissa Calhoun in the face with his hand, causing her to hit her head on the floor and a table. Investigators believe he then slammed Melissa's head into a refrigerator door and proceeded to sexually assault her.

2goldfish
06-23-2010, 05:33 PM
oh. my. god.

believe09
06-23-2010, 05:45 PM
snip
If convicted, the boy could serve a maximum of 9 years to life in prison and a minimum penalty of five years in prison.
snip

For murdering and sexually assaulting a 2 year old? Who appeared fine when Mom got home? How was she fine I wonder after being sexually assaulted?

I am so confused.

OK wait-I get it...of course the baby was in bed when she got home, and then when she got up in the morning the child would not wake up.

Words fail.

believe09
06-23-2010, 05:47 PM
The boy must have given a statement to someone. Because otherwise how would they know he hit her in the face and she "hit her head" on the table when she fell....

nurselady
06-23-2010, 06:03 PM
I think i am gonna be sick..

JLMcKenna83
06-23-2010, 07:01 PM
The worst part is that he will not be charged with the sexual assault. Only the murder. But he is being charged as an adult.

Linda7NJ
06-23-2010, 07:26 PM
the worst part is that he will not be charged with the sexual assault. Only the murder. But he is being charged as an adult.


bbm good!

RoseWhite
06-23-2010, 07:35 PM
awful awful story. :( So sad.

kbl8201
06-23-2010, 10:26 PM
im smelling a 13 year old confession without parents or a lawyer here.

doesnt mean he didnt do it but this might get ugly

2goldfish
06-24-2010, 05:41 AM
The worst part is that he will not be charged with the sexual assault. Only the murder. But he is being charged as an adult.

WHYYY.


I hate everything I have read about this! wtf was mom thinking leaving a 13yo male "family friend" to babysit til 1 am?


I am trying hard not to always sling fury at anyone other than the actual perp but come the freak on! I wouldnt leave my 16 year old SON alone with my 3 year old SON long enough to run to the shop at 3pm, let alone til 1 am! what was she doing? grocery shopping? yeah right?


what state is this again, is it one where commiting a felony (sexual assault) while committing actions leading to a murder leads to capital murder? wtf with second degree murder and drop the sexual charges? WHY? did they think a jury wouldnt try a capital murder against a 13yo?

and what happened to 13yo to cause this crap, I am pretty sure yon average 13yo male cant get off the video games long enough to consider sexually assaulting A TWO YEAR OLD.

lizzybeth
06-24-2010, 08:04 AM
I'm not saying ALL thirteen year old boys, but MOST thirteen year old boys aren't mature enough to babysit, especially a two year old. Granted if the baby was also sexually assaulted, this boy has more problems than immaturity.

carrie
06-25-2010, 12:23 AM
Not sure if this is accurate, but in the comments section on one of the news stories about this, a poster wrote that in New York, 1st deree murder is reserved for someone who kills a police officer. 2nd degree murder in New York, the poster said, is equal the 1st degree murder in other states.

Lovejac
06-25-2010, 12:52 AM
http://www.uticaod.com/news/x1353756209/13-year-old-charged-with-murder-in-Yorkville-childs-death

snipped

Perhaps just as shocking was that Melissa’s death allegedly occurred at the hands of the 13-year-old babysitter, Alec Champagne, an eighth-grader at Whitesboro Middle School who previously had watched Calhoun’s children without incident at their 1202 Ney Ave. home

snipped

And at some point, either before, during or after the attack, Champagne sexually assaulted Melissa while her 1-year-old sibling also was inside the home

snipped

Champagne initially was charged with second-degree manslaughter, but the charge was upgraded to a more serious murder charge once autopsy results became available

Much more info in this article

Lovejac
06-25-2010, 12:57 AM
http://www.uticaod.com/highlight/x1353758338/Yorkville-murder-Calling-hours-Wednesday-for-girl-2

picture of the babysitter

WhyaDuck?
06-25-2010, 01:01 AM
New York - First-degree Murder
Title H, Art. 125, Sec. 125-27
125.27 Murder in the first degree

A person is guilty of murder in the first degree when:
1. With intent to cause the death of another person, he causes the
death of such person or of a third person; and
(a) Either:
(i) the intended victim was a police officer as defined in subdivision
34 of section 1.20 of the criminal procedure law who was at the time of
the killing engaged in the course of performing his official duties, and
the defendant knew or reasonably should have known that the intended
victim was a police officer; or
(ii) the intended victim was a peace officer as defined in paragraph a
of subdivision twenty-one, subdivision twenty-three, twenty-four or
sixty-two (employees of the division for youth) of section 2.10 of the
criminal procedure law who was at the time of the killing engaged in the
course of performing his official duties, and the defendant knew or
reasonably should have known that the intended victim was such a
uniformed court officer, parole officer, probation officer, or employee
of the division for youth; or
(iii) the intended victim was an employee of a state correctional
institution or was an employee of a local correctional facility as
defined in subdivision two of section forty of the correction law, who
was at the time of the killing engaged in the course of performing his
official duties, and the defendant knew or reasonably should have known
that the intended victim was an employee of a state correctional
institution or a local correctional facility; or
(iv) at the time of the commission of the killing, the defendant was
confined in a state correctional institution or was otherwise in custody
upon a sentence for the term of his natural life, or upon a sentence
commuted to one of natural life, or upon a sentence for an indeterminate
term the minimum of which was at least fifteen years and the maximum of
which was natural life, or at the time of the commission of the killing,
the defendant had escaped from such confinement or custody while serving
such a sentence and had not yet been returned to such confinement or
custody; or
(v) the intended victim was a witness to a crime committed on a prior
occasion and the death was caused for the purpose of preventing the
intended victim's testimony in any criminal action or proceeding whether
or not such action or proceeding had been commenced, or the intended
victim had previously testified in a criminal action or proceeding and
the killing was committed for the purpose of exacting retribution for
such prior testimony, or the intended victim was an immediate family
member of a witness to a crime committed on a prior occasion and the
killing was committed for the purpose of preventing or influencing the
testimony of such witness, or the intended victim was an immediate
family member of a witness who had previously testified in a criminal
action or proceeding and the killing was committed for the purpose of
exacting retribution upon such witness for such prior testimony. As used
in this subparagraph "immediate family member" means a husband, wife,
father, mother, daughter, son, brother, sister, stepparent, grandparent,
stepchild or grandchild; or
(vi) the defendant committed the killing or procured commission of the
killing pursuant to an agreement with a person other than the intended
victim to commit the same for the receipt, or in expectation of the
receipt, of anything of pecuniary value from a party to the agreement or
from a person other than the intended victim acting at the direction of
a party to such agreement; or
(vii) the victim was killed while the defendant was in the course of
committing or attempting to commit and in furtherance of robbery,

burglary in the first degree or second degree, kidnapping in the first
degree, arson in the first degree or second degree, rape in the first
degree, criminal sexual act in the first degree, sexual abuse in the
first degree, aggravated sexual abuse in the first degree or escape in
the first degree, or in the course of and furtherance of immediate
flight after committing or attempting to commit any such crime or in the
course of and furtherance of immediate flight after attempting to commit
the crime of murder in the second degree; provided however, the victim
is not a participant in one of the aforementioned crimes and, provided
further that, unless the defendant's criminal liability under this
subparagraph is based upon the defendant having commanded another person
to cause the death of the victim or intended victim pursuant to section
20.00 of this chapter, this subparagraph shall not apply where the
defendant's criminal liability is based upon the conduct of another
pursuant to section 20.00 of this chapter; or
(viii) as part of the same criminal transaction, the defendant, with
intent to cause serious physical injury to or the death of an additional
person or persons, causes the death of an additional person or persons;
provided, however, the victim is not a participant in the criminal
transaction; or
(ix) prior to committing the killing, the defendant had been convicted
of murder as defined in this section or section 125.25 of this article,
or had been convicted in another jurisdiction of an offense which, if
committed in this state, would constitute a violation of either of such
sections; or
(x) the defendant acted in an especially cruel and wanton manner
pursuant to a course of conduct intended to inflict and inflicting
torture upon the victim prior to the victim's death. As used in this
subparagraph, "torture" means the intentional and depraved infliction of
extreme physical pain; "depraved" means the defendant relished the
infliction of extreme physical pain upon the victim evidencing
debasement or perversion or that the defendant evidenced a sense of
pleasure in the infliction of extreme physical pain; or
(xi) the defendant intentionally caused the death of two or more
additional persons within the state in separate criminal transactions
within a period of twenty-four months when committed in a similar
fashion or pursuant to a common scheme or plan; or
(xii) the intended victim was a judge as defined in subdivision
twenty-three of section 1.20 of the criminal procedure law and the
defendant killed such victim because such victim was, at the time of the
killing, a judge; or
(xiii) the victim was killed in furtherance of an act of terrorism, as
defined in paragraph (b) of subdivision one of section 490.05 of this
chapter; and
(b) The defendant was more than eighteen years old at the time of the
commission of the crime.
2. In any prosecution under subdivision one, it is an affirmative
defense that:
(a) The defendant acted under the influence of extreme emotional
disturbance for which there was a reasonable explanation or excuse, the
reasonableness of which is to be determined from the viewpoint of a
person in the defendant's situation under the circumstances as the
defendant believed them to be. Nothing contained in this paragraph shall
constitute a defense to a prosecution for, or preclude a conviction of,
manslaughter in the first degree or any other crime except murder in the
second degree; or
(b) The defendant's conduct consisted of causing or aiding, without
the use of duress or deception, another person to commit suicide.

Nothing contained in this paragraph shall constitute a defense to a
prosecution for, or preclude a conviction of, manslaughter in the second
degree or any other crime except murder in the second degree.
Murder in the first degree is a class A-I felony.

http://deathpenalty.procon.org/view.resource.php?resourceID=1426

WhyaDuck?
06-25-2010, 01:01 AM
New York Penal - Article 125 - 125.25 Murder in the Second Degree

125.25 Murder in the second degree.
A person is guilty of murder in the second degree when:
1. With intent to cause the death of another person, he causes the
death of such person or of a third person; except that in any
prosecution under this subdivision, it is an affirmative defense that:
(a) The defendant acted under the influence of extreme emotional
disturbance for which there was a reasonable explanation or excuse, the
reasonableness of which is to be determined from the viewpoint of a
person in the defendant's situation under the circumstances as the
defendant believed them to be. Nothing contained in this paragraph shall
constitute a defense to a prosecution for, or preclude a conviction of,
manslaughter in the first degree or any other crime; or
(b) The defendant's conduct consisted of causing or aiding, without
the use of duress or deception, another person to commit suicide.
Nothing contained in this paragraph shall constitute a defense to a
prosecution for, or preclude a conviction of, manslaughter in the second
degree or any other crime; or
2. Under circumstances evincing a depraved indifference to human life,
he recklessly engages in conduct which creates a grave risk of death to
another person, and thereby causes the death of another person; or
3. Acting either alone or with one or more other persons, he commits
or attempts to commit robbery, burglary, kidnapping, arson, rape in the
first degree, criminal sexual act in the first degree, sexual abuse in
the first degree, aggravated sexual abuse, escape in the first degree,
or escape in the second degree, and, in the course of and in furtherance
of such crime or of immediate flight therefrom, he, or another
participant, if there be any, causes the death of a person other than
one of the participants; except that in any prosecution under this
subdivision, in which the defendant was not the only participant in the
underlying crime, it is an affirmative defense that the defendant:
(a) Did not commit the homicidal act or in any way solicit, request,
command, importune, cause or aid the commission thereof; and
(b) Was not armed with a deadly weapon, or any instrument, article or
substance readily capable of causing death or serious physical injury
and of a sort not ordinarily carried in public places by law-abiding
persons; and
(c) Had no reasonable ground to believe that any other participant was
armed with such a weapon, instrument, article or substance; and
(d) Had no reasonable ground to believe that any other participant
intended to engage in conduct likely to result in death or serious
physical injury; or
4. Under circumstances evincing a depraved indifference to human life,
and being eighteen years old or more the defendant recklessly engages in
conduct which creates a grave risk of serious physical injury or death
to another person less than eleven years old and thereby causes the
death of such person; or
5. Being eighteen years old or more, while in the course of committing
rape in the first, second or third degree, criminal sexual act in the
first, second or third degree, sexual abuse in the first degree,
aggravated sexual abuse in the first, second, third or fourth degree, or
incest in the first, second or third degree, against a person less than
fourteen years old, he or she intentionally causes the death of such
person.
Murder in the second degree is a class A-I felony.

http://law.onecle.com/new-york/penal/PEN0125.25_125.25.html

Disguiseduser0308
06-25-2010, 01:10 AM
:( RIP sweet child. Prayers to the family of both children. I just can't imagine. Just when you think you've head it all. I'd be surprised if there were no prior babysitting incidents with this young man. Especially if sexual abuse is noted in the little ones' autopsy. Sounds like she suffered. I can't think of any word other than horrendous.

I won't get into male vs. female sitters. My little ones are far too young for me to feel comfortable leaving them with anyone other than their father, Grandma or Godmothers.

2goldfish
06-25-2010, 05:39 AM
http://www.uticaod.com/news/x1353756209/13-year-old-charged-with-murder-in-Yorkville-childs-death



snipped


also from article


During the news conference, Oneida County District Attorney Scott McNamara would not discuss any details of what happened to Melissa, but said his decision to charge a boy who had just begun his teenage years with a crime that could carry a punishment of up to life in prison was an easy choice to make.

I guess it depends on which way you look at it, McNamara said. In the eyes of a 2-year-old looking up to a 13-year-old, its not that hard. She deserves justice.

Second-degree murder is the only crime that a 13-year-old juvenile can be prosecuted with in criminal court in New York, McNamara said. This allows Champagne to be prosecuted in Oneida County criminal court if he is indicted, instead of Family Court.

bbm

I do feel prosecuters are heros oftentimes...

also, that's why he got second degree, because perp was 13yo.were he 18 it certainly would have been 1st.

fwiw I am not jumping on the boys vs girls as babysitters necessarily, but in my experience, 13 year old males are not mature enough to watch themeselves til 1 am, let alone other kids. toddlers.

toddlers, I may add, especially come bed time, are hard enough for adults to handle.

I also would not allow a 13 yo girl to watch my 3yo. but I read too much ws. no one at all watches or has watched my 3yo excepting me, husband, and grandparents. certainly not til 1 am. eehh. I am trying not to be judgey. maybe mom hadnt been out in 5 years since the first was born, who knows. although this wasnt the first time 13yo had watched her kids either...

Texas Mist
11-29-2010, 04:47 PM
<snip>

Both the defending attorney and prosecuting attorney agreed in court Monday that this case has some legal issues that need to be addressed and that the case needs more time before it can go to trial. A new trial date has now been set for January 18th.

more here

http://centralny.ynn.com/content/all_news/525304/murder-trial-postponed-for-teen-babysitter/

Catbird1
11-30-2010, 01:14 PM
There is a memorial page for little Melissa on facebook... Justice for Melissa
I wasn't sure if I could link the page to here because there is a picture of Melissa. What a beautiful little angel...

RIP baby girl, rest warm and safe in the arms of angels

MorenoI
12-03-2010, 03:54 PM
RIP Melissa! :(

Shelby2
06-04-2011, 11:52 PM
http://utica-mohawkvalley.ynn.com/content/all_news/526692/teen-pleads-guilty-to-toddler-murder/

''A new murder charge and a new plea for the 14-year-old boy accused of killing the two-year-old girl he was babysitting. At his arraignment Monday morning, Alec Champagne pleaded guilty to second degree murder and sexually abusing the toddler. Our Sarah Hagen tells us what happened in the courtroom.''

''Alec Champagne said, "I backhanded her."
Just one of several blows to the child's face that Champagne admitted to. He also described knocking her to the ground repeatedly throughout the night. When Honorable Barry Donalty asked the defendant what he did next, Champagne was speechless. Aggravated sexual abuse, a charge that even the defendant found it uncomfortable to talk about.''

http://www.uticaod.com/news/x1921999123/Teen-babysitter-pleads-guilty-in-toddlers-slaying

''Champagne, 14, said he was afraid that his crimes would be discovered as he pleaded guilty Monday in connection with Melissa’s June death.''

http://wibx950.com/champagne-sentenced-in-toddlers-death/
''Alec Champagne has been sentenced to ‘restrictive placement’ for a total of 5 years. That includes the nine months he’s already spent in the state’s custody.''