The trial court merged the convictions, and the appellant received a twenty-five-year sentence to be served at 100%. On appeal, the appellant contends that the trial court erred by allowing him to represent himself and that his sentence is excessive...
The appellant, the victim, and the victim’s mother, Sue Ann Lowe, lived in an apartment on Vermont Avenue in Knoxville. The appellant was unemployed and responsible for the victim’s care during the day while Lowe worked...
At trial, Lowe testified that the victim was white when he was born, which caused the
appellant, an African-American, to have doubts about the victim’s paternity. The appellant would become agitated when the victim cried, got hungry, or had a dirty diaper. When the victim was just one week old, the appellant spanked him and told him, “‘Shut up, little *advertiser censored*. Stop crying.’”
One time, the appellant put his hand over the victim’s mouth when the victim would not stop crying. Lowe said that the appellant also “slammed” the victim onto the bed a couple of times, that she saw the appellant “toss” the victim, and that the appellant grabbed the victim by his feet and lifted him off the bed. On September 20, 2005, Lowe saw bruises along the victim’s spine. She asked the appellant what happened to the victim, but he would not tell her. That night, the victim started crying, and the appellant used his fist to punch the victim in the victim’s spine.
Lowe said that one or two days before the victim was taken to the hospital, he “got on the appellant’s nerves,” so the appellant picked him up and tried to pull his neck from his body. Lowe likened the appellant’s actions to wringing a chicken’s neck. The victim had a red spot on his eye and began favoring his right side.
On September 23, the victim was drifting in and out of consciousness. He was
removed from the home that evening and taken to a hospital. Lowe said that she pled guilty to aggravated assault for failing to protect the victim from the appellant and that she received a six-year sentence.