GUILTY FL - Chance Walsh, 7 wks, North Port, 7 Oct 2015 #2

[JustFaith]

Seriously, WHY did this guy's charges keep getting dropped? WHY was this guy free to hurt another person? (-this time a little innocent baby). It's crazy.

Also from the article:

About three weeks after Chance was born, DCF officials received a tip that Bury was using drugs. The department said there wasn’t enough evidence for an investigation because the caller didn’t have first hand knowledge of the drug abuse.

Six weeks later, Chance was beaten to death, authorities said.
“We failed,” DCF Director Mike Carroll said.

Three weeks?? It was closer to three hours after his birth when the drug abuse report was called in. SMH at the continued misinformation about the DCF reports in this case, weeks later.

 

[SthrnRaine]

Manslaughter and second degree murder?!?!

I am beyond disgusted at this news. I feel like Baby Chance is getting screwed by the system one last time. It's appalling. Are there no additional charges.... neglect, the Caylee's law, improper disposal, nothing??? They should have anything and everything possible thrown at them to keep them away from society as long as possible. As their history shows, they very obviously will never learn to be a productive member. It breaks my heart to think about how many more innocent babies they will now be allowed to produce to end up neglected and abused.

 

[CharlestonGal]

Though I personally disagree with the reduced charges, from a legal standpoint it probably is the only way to go. There's a very real chance that BOTH of them will get off scott-free if the DA pushes for 1st degree (the very mistake made in the Casey Anthony case). We talked about this in the last thread - reduction to 2nd degree for both of them was a likely outcome in a he said/she said situation with no other witnesses, so this move by the DA doesn't surprise me. HIS jury will not be able to convict on 1st degree because he will blame it all on her - which is reasonable doubt with the info we have so far. HER jury will not be able to convict on 1st degree for the same reason. Then they both walk. As of now, I don't know which of them actually did it - and neither will the jury.

Better to go with 2nd degree/aggravated manslaughter; it offers the highest probability of seeing them both behind bars.

 

[MissUnderstood]

Same here in the UK. The midwife comes every few days to your home for a couple of weeks, then when she's happy that the baby is feeding and gaining weight, and that the mum is getting on OK, she signs over to the health visitor who dies at least one home visit and is available to call on at any time for advice. In my town there is a health clinic where you could drop in anytime and see a health visitor (who are qualified nurses). Of course KB wouldn't have bothered to go there, but the home visits are compulsory.


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I'm in Australia and I had health nurse visits at home when my kids were born. They would weigh them and check they are feeding properly, check on their belly button and ask how your doing with your own sleep and settling in etc. it really is a great free service. The local council also has health nurses in each area for follow up visits every six months or so. I remember filling in s form that asked questions about your mental state to see if there was any signs of post natal depression. Again all visits are free.


MOO!!

 

[CharlestonGal]

"In a letter to court officials, Walsh’s first wife said she was afraid for her life.

“I am worried that he will just snap one day and hurt me really bad or possibly even kill me,” she wrote.

In domestic violence stories, WINK News often does not name the victim for their safety. For this reason, WINK News has chosen not to name the woman or her mother.

The woman also claimed Walsh told her that “I will beat you so bad I probably won’t get out of jail,” according to court documents.

In a separate letter, the woman’s mother wrote that Walsh beat two of his children, ages 9 and 10, “black and blue” in 2004.

State officials eventually took the children away from the couple."

http://www.winknews.com/2015/11/02/baby-chance-fathers-violent-past-well-known-to-state-officials/

 

[MsMarple]

Good question...For Florida (and I'm new here, so I hope these links are acceptable sources):

http://statelaws.findlaw.com/florida-law/florida-first-degree-murder-laws.html

"For a charge of first degree murder based on a premeditated killing, the prosecutor must show the defendant's specific intent to kill. The prosecutor often must establish an advance plan or design formed to carry out the homicide. To establish premeditation, the prosecutor may need to present evidence about the defendant's activities or steps taken to prepare for the killing." (Doesn't look like they have this evidence.)

2nd degree: No premeditation on JW's part. http://statelaws.Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship. - See more at: http://statelaws.findlaw.com/florida-law/florida-second-degree-murder-laws.html#sthash.qmLrOHeM.dpuf

Manslaughter: Culpable negligence. KB didn't prevent it or report it, and engaged in drug use ("reckless behavior"). http://statelaws.findlaw.com/florida-law/florida-involuntary-manslaughter-laws.html

I think these charges are more likely to get a swifter conviction and max sentence with the evidence (and I'd rather see appropriate charges than an over-charge of 1st degree resulting in no conviction..... JMHO....).

Justice for Baby Chance

(Sorry for the multiple copy/pastes! Getting accustomed to a new laptop, Windows 10, and WS website... I think I should change my User Name to "JustTechnicallyChallenged".....GAHHH.)

Welcome to Websleuths JustFaith!

I agree that a jury is more likely to convict on these charges, though after reading the arrest report I think a jury would convict on just about any charge in order to remove these awful people from society. We haven't heard about Chance's autopsy yet so that may be a factor here.

At least Bury's manslaughter charge is aggravated manslaughter of a child, which is a very serious offense and a felony of the first degree:

(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

http://www.flsenate.gov/laws/statutes/2011/782.07

I've found conflicting information on the mandatory minimums and the maximum sentence but it seems to be around 30 years max (one source quoted life) with a 15 or 16 year minimum. I'm not sure of the actual numbers.

I did find several Florida cases where a parent was sentenced to 30 years and one where a dad was sentenced to 25 years. I'm pretty sure a jury would recommend the maximum in her case. And I'm still hoping the charges will change again on November 20.

 

[strawberry]

I can't believe their charges got reduced!! Could it be a plea deal?

 

[CharlestonGal]

I can't believe their charges got reduced!! Could it be a plea deal?

It's probable that the DA didn't have enough to take 1st degree to the grand jury - back to the he said/she said problem. If there were only one offender, 1st degree would likely stick. But with two of them, how do you prove who did what, especially if they are pointing fingers at each other? The DA is likely motivated to ensure that at least one of them goes down for this crime as opposed to both of them potentially going free.

I think JW will take it to trial, but KB will plead to manslaughter.

 

[borndem]

Prosecutors must feel that they cannot get a conviction on 1st degree murder.

Rest in Peace, baby Chance. Justice is coming.

I don't know how it works in FL, but in NC, it is very common for prosecutors or judges to add 2nd Degree Murder to a 1st Degree Murder charge when the case is presented to the jury. Judges often add it so that the verdict won't be overturned (with another trial scheduled) because an appeal might say that the jurors weren't given an alternative to 1st D. M. And the prosecutor might add 2nd D.M. if s/he is worried about a witness or worried about enuff evidence for 1st D.M.

Can this be done in FL?

(And please forgive the "in my state we do it this way" stuff -- it's not meant to say anything negative about laws in FL -- I just would like to know why the charges are less than they could be.)

 

[MsMarple]

It's probable that the DA didn't have enough to take 1st degree to the grand jury - back to the he said/she said problem. If there were only one offender, 1st degree would likely stick. But with two of them, how do you prove who did what, especially if they are pointing fingers at each other? The DA is likely motivated to ensure that at least one of them goes down for this crime as opposed to both of them potentially going free.

I think JW will take it to trial, but KB will plead to manslaughter.

I think you're probably right. I'm trying to accept the reduced charges - I understand Bury's charge and she'll likely get a max sentence but I still struggle with Walsh's. Prosecutors aren't required to show premeditation in first degree felony murder, which is what he was originally charged with. We've seen Bury's arrest report but we haven't seen his so maybe that's relevant here, I dunno. And no word on Chance's autopsy yet. Given the time elapsed the ME may not be able to establish a clear COD.

It's so frustrating; true or not it feels like criminals can escape the harshest charges if they're able to hide a body long enough for decomposition to obscure forensic findings. And lie about the circumstances. And change their stories. I'm gonna lose my cool if Bury pleads to some ridiculous low number.

 

[jnblsm]

The whole thing makes me sick, which I know is a common feeling on this thread.
I have a slight, extremely slight, hope that maybe with KW throwing JW under the bus, her cold, black heart had just a glimmer of remorse. And realized she helped this monster kill her baby.
And I hope she isn't just sitting in her cell pining over that .

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[CharlestonGal]

I think you're probably right. I'm trying to accept the reduced charges - I understand Bury's charge and she'll likely get a max sentence but I still struggle with Walsh's. Prosecutors aren't required to show premeditation in first degree felony murder, which is what he was originally charged with. We've seen Bury's arrest report but we haven't seen his so maybe that's relevant here, I dunno. And no word on Chance's autopsy yet. Given the time elapsed the ME may not be able to establish a clear COD.

It's so frustrating; true or not it feels like criminals can escape the harshest charges if they're able to hide a body long enough for decomposition to obscure forensic findings. And lie about the circumstances. And change their stories. I'm gonna lose my cool if Bury pleads to some ridiculous low number.

I'm not so sure of KB. We only have HER word that JW did it - JW beat the baby, JW stuffed the baby wipe in Chance's throat. She's a born liar and in my mind it's just as probable that SHE is the one who beat Chance to death as it is that he did it. KB has the whole world believing that JW is the one who did it all while she was trying to tend to Chance - removing the baby wipe, trying to feed him - like a nice little mommy. That story is HER version, and I don't believe a word she says.

While JW is certainly a proven piece of human garbage with a long history of beating women and children, a long look at KBs Facebook page reflects that she is a very, very disturbed individual and always has been. I think when JWs family and all his friends told him KB was the worst thing to ever come along and to get the heck away from her, they were dead right. I absolutely do not believe a word of her affidavit, period. I want to know what JW has to say - not that I take his word for gospel either - so far all we have is KBs version of events and there's no way in h&ll I'd be willing to give her a pass with negligent manslaughter, based merely on her word. She should be up for 2nd degree (at the very least) right along with JW.

 

[CharlestonGal]

"Sarasota County State Attorney’s Office prosecutor Suzanne O’Donnell confirmed Tuesday that charges have changed for Walsh and Bury. Walsh is now charged with second-degree murder, rather than first-degree murder. O’Donnell says the State Attorney’s Office can only charge him with second-degree murder because a grand jury indictment is necessary for a first-degree murder charge. That could happen at a later time."

http://wfla.com/2015/11/03/charges-reduced-for-baby-chances-parents/

 

[jadejazzkayla]

"Sarasota County State Attorney’s Office prosecutor Suzanne O’Donnell confirmed Tuesday that charges have changed for Walsh and Bury. Walsh is now charged with second-degree murder, rather than first-degree murder. O’Donnell says the State Attorney’s Office can only charge him with second-degree murder because a grand jury indictment is necessary for a first-degree murder charge. That could happen at a later time."

http://wfla.com/2015/11/03/charges-reduced-for-baby-chances-parents/

if the Sarasota da's office never had a grand jury indictment, how were they originally allowed to charge Walsh with fist degree murder?

 

[MsMarple]

I'm not so sure of KB. We only have HER word that JW did it - JW beat the baby, JW stuffed the baby wipe in Chance's throat. She's a born liar and in my mind it's just as probable that SHE is the one who beat Chance to death as it is that he did it. KB has the whole world believing that JW is the one who did it all while she was trying to tend to Chance - removing the baby wipe, trying to feed him - like a nice little mommy. That story is HER version, and I don't believe a word she says.

While JW is certainly a proven piece of human garbage with a long history of beating women and children, a long look at KBs Facebook page reflects that she is a very, very disturbed individual and always has been. I think when JWs family and all his friends told him KB was the worst thing to ever come along and to get the heck away from her, they were dead right. I absolutely do not believe a word of her affidavit, period. I want to know what JW has to say - not that I take his word for gospel either - so far all we have is KBs version of events and there's no way in h&ll I'd be willing to give her a pass with negligent manslaughter, based merely on her word. She should be up for 2nd degree (at the very least) right along with JW.

I agree completely, CharlestonGal! The whole arrest report stinks of story telling. What I meant was I understood the charges based on that report; without more supporting evidence it could be hard to prove what her part in Chance's murder actually was. I'm crossing my fingers that LE's investigation will uncover such evidence. I wish Walsh's arrest report would be published - I'd like to know what he's saying.

OTOH, like you say, it seems that second degree murder would fit for her. She's already charged with aggravated child abuse so it follows that if Chance died while she was committing a first degree felony (child abuse) then felony murder would apply.

 

[Momoffourboys]

If murdering an innocent baby, only a few weeks old, and leaving him to rot in his crib...does not constitute first degree murder...than I can't imagine what does.

It's a sick world we live in. IMO

 

[MsMarple]

if the Sarasota da's office never had a grand jury indictment, how were they originally allowed to charge Walsh with fist degree murder?

Good question! I'm not a lawyer so take this with a grain of salt... I think LE can arrest a suspect on a charge of first degree murder but it's the prosecution who formally brings the charges to court. In other words, once the suspect is arrested then the prosecutor reviews the arrest warrant and other information that LE has from their investigation and determines which charges s/he will file. In Florida only a Grand Jury can bring an indictment for first degree murder so the prosecutor has no choice but to reduce any first degree murder charges until that happens.

It's a little confusing but it seems to come down to what LE suspects versus what the prosecutor can bring to a courtroom. We've seen a number of cases here where charges against a caregiver weren't pursued due to a variety of reasons, usually because the prosecutor felt there was insufficient evidence to go forward. Teghan Skiba's mom comes to mind and it still burns my butt.

In this case I hope it's all just a matter of timing and that the prosecution will eventually convene a Grand Jury in order to increase the charges to murder one. If ever there were two people who deserve such charges it's these two.

 

[storms1983]

I agree completely, CharlestonGal! The whole arrest report stinks of story telling. What I meant was I understood the charges based on that report; without more supporting evidence it could be hard to prove what her part in Chance's murder actually was. I'm crossing my fingers that LE's investigation will uncover such evidence. I wish Walsh's arrest report would be published - I'd like to know what he's saying.

OTOH, like you say, it seems that second degree murder would fit for her. She's already charged with aggravated child abuse so it follows that if Chance died while she was committing a first degree felony (child abuse) then felony murder would apply.

http://www.winknews.com/2015/11/03/family-friend-baby-chances-mother-cared-only-for-herself/

“The smell was so bad in the house, I had to step back outside,” he said. “The dogs were everywhere, going to the bathroom all over the place. The rugs had to be ripped up. The piles of dog stuff was there so long it was white.”

Kallas said he thought about reporting the couple to the state Department of Children and Families, but didn’t.

Duane was dead one week later. He lived for two weeks.

Kallas helped pick the baby’s funeral suit while at a Sarasota mall.

During that trip, Kallas said Bury was picking out $600 dresses for herself.

“We’re burying a kid and this is about the type of dress we’re gonna wear,” Kallas said. “For the funeral? For the funeral.”

...
wow.

 

[MsFacetious]

Thank you for the link -- lots of sweet pictures in the comments on the obituary. I'm glad to see that he did experience love during his brief time here and was held, kissed and cherished by those who loved him.

Though unfortunately it looks like most of them were in the hospital...
I'm not sure how much love he had once he left there.
Glad to see he was fed at some point as well.
I wouldn't have included the crib picture personally. uke:

 

[SthrnRaine]

"Sarasota County State Attorney’s Office prosecutor Suzanne O’Donnell confirmed Tuesday that charges have changed for Walsh and Bury. Walsh is now charged with second-degree murder, rather than first-degree murder. O’Donnell says the State Attorney’s Office can only charge him with second-degree murder because a grand jury indictment is necessary for a first-degree murder charge. That could happen at a later time."

http://wfla.com/2015/11/03/charges-reduced-for-baby-chances-parents/

BBM. So there's still hope then for a 1st degree charge? What chance do you more experienced sleuths give it and what could turn the tables? I really want to see these two locked up as long as possible, preferably beyond their breeding years.