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DEC 13, 2019
Disturbing details emerge in case as second suspect in Cupcake’s murder goes before a judge
[…]

Investigators said Brown told them on October 12 she left the room and went for a smoke, took a pill and fell asleep. Brown told investigators when she woke up she caught Stallworth in a sex act with the toddler.

Investigators also testified one of the witnesses who are in jail with Stallworth told them Stallworth said he "accidentally killed the baby," meaning Cupcake.

[…]
 
***WARNING - DISTURBING DETAILS***

DEC 13, 2019
Kamille ‘Cupcake’ McKinney suspect said she saw child’s sexual assault
The second suspect in the abduction and killing of Kamille “Cupcake” McKinney told police she saw her boyfriend forcing the 3-year-old child to perform oral sex on him at their Center Point apartment.

[...]

Representatives from the U.S. Attorney’s Office in Birmingham, as well as federal public defender Glennon Threatt, have sat through both hearings. Their presence indicates federal kidnapping charges could be filed against one or both of the suspects.

[...]

Brown told police the couple had been together all day, including at Tom Brown Village from where Kamille was abducted, but said she was not aware of the child’s presence until they stopped at a Jet Pet after leaving the public housing complex on their back to their apartment at Woodside condominiums.

[...]

It wasn’t until Monday, Oct. 21 – nine days after Kamille’s disappearance and the day before child’s remains were found in a trash dumpster at a Jefferson County landfill – that Brown first acknowledged knowing anything about the girl.

From the Jefferson County Jail, Brown reached out to detectives and told them she wanted to talk. She was taken to police headquarters, where she then told her version of the events that transpired the day Kamille vanished.

[...]

Brown told detectives that after stopping at Jet Pep, the couple went back to their apartment. This is where the stories given by Stallworth and Brown begin to differ.

[...]

Brown, however, told detectives that once at the apartment, she stayed outside to smoke. When she went inside, she said she went into the bathroom and Stallworth was in there as well. It was then she saw a “shadow” pass by the door, and “thought she was tripping.” Brown had reportedly used Ice – or meth – that day as well as Trazodone, an anti-depressant sometimes used as a sedative.

Brown said she went back outside to smoke and when she came in, she made a sandwich and then went into the bedroom where she fell asleep. At some point she got back up to use the restroom again and said she saw Kamille sitting, with her legs dangling off the sofa. Stallworth, she said, was kneeling on the sofa in front of Kamille forcing the girl to perform oral sex on him.

[...]

He said Brown then said she went back to sleep and woke up the following day. She said she asked Stallworth about Kamille’s whereabouts, and said Stallworth told her, “You have been tripping.”

She said Stallworth had a trash bag and was leaving the apartment. He asked her were the lighter fluid was and she told them it had been left in their previous apartment.

[...]

New testimony also showed that after the Amber Alert in Kamille’s disappearance was issued at 10:39 p.m. that Saturday, there were seven telephone calls from Stallworth’s cell phone to his mother’s phone. Also, Ross testified under questioning by Danneman, two Jefferson County Jail inmates came forward with information about Stallworth, one of whom said Stallworth told him he had accidentally killed the child.

[...]

Authorities said Brown had lost custody of her children because she had put them in a clothes dryer as punishment.

[...]

The judge said it was clear they were “acting in concert” and deemed there was “more than enough evidence” to forward the case to the grand jury for indictment consideration.

[...]

Stallworth said that after they left Tom Brown Village, the pair went to the Jet Pep on Center Point Parkway. Store video confirmed they had been there. They went home and Stallworth later went back out to a Chevron where he bought an energy drink and a pill for “sexual dysfunction,’’ Ross testified.

[...]

Ross said that tracking of Stallworth’s phone showed “a lot of movement” between Woodside Condominiums and Parkway Villa apartments, which are adjacent to Woodside and have a worn pathway in the wooded area between the two complexes.

[...]

... The levels of the drugs indicated Kamille had ingested the drugs, and not just been exposed to them.

[...]
 
DEC 17, 2019
3-year-old ‘Cupcake’ McKinney fought for life after kidnapping, sex as
When Kamille “Cupcake” McKinney’s remains were found in a dumpster at an Alabama landfill Oct. 22, the DNA of the man accused of killing the 3-year-old was found under her fingernails, according to court testimony last week.

That man, Patrick Devone Stallworth, had scratches on his chest while in police custody in the days following the toddler’s Oct. 12 abduction from outside a birthday party at Birmingham’s Tom Brown Village public housing complex, investigators said.

[…]
 
JAN 5, 2020
Bail: The balance between rights and public safety
[...]

The murders of Blanchard and McKinney and the criminal records of those accused prompted the court of public opinion to question why Yazeed and Brown were allowed bond.

One woman posted on Facebook, “[Brown] should have been in prison and Cupcake may still be alive.” On the same link on WBRC Fox 6’s Facebook page, another user chimed in, “How could a judge keep letting her get away with these things?”

[...]

“Everyone charged, no matter how guilty they may appear in the press, no matter how guilty they may have said they are, by law, is presumed to be innocent and are entitled to a bond,” said Tommy Spina, criminal defense lawyer and former municipal judge.

He added, “The purpose of bond is to ensure... that you show up for court when you are supposed to.”

[...]

The Eighth Amendment of the U.S. Constitution establishes the right to a reasonable bond. “And a reasonable bond is a bond you can make,” explained Spina. “So a $15,000 bond, if you couldn’t make it, you’d hire a bondsman and pay him $1,500.”

[...]

The range for a murder charge is $15,000 to $150,000. The range for a Class A felony, such as first-degree kidnapping, is $10,000 to $60,000.

[...]

Brown’s bond was $209,000 after she was charged with kidnapping, second degree assault, attempt to elude/death and reckless engagement.

While both suspects have criminal records dating back a decade, they only had a few convictions each and none for violent felonies.

[...]

Last year, a proposed constitutional amendment that would give judges more ability to deny bail in certain cases passed the House but stalled in the Senate. Representative Chip Brown, R-Mobile, said his proposal “has the opportunity to save lives and keep the most violent of offenders from using the revolving door and getting right back out into the community.” In a Facebook post, Rep. Brown said he will file the amendment during the 2020 legislation session.

[...]
 
FEB 13, 2020
Kamille ‘Cupcake’ McKinney’s mother speaks for first time since her tragic death

It’s been nearly four months since 3-year-old Kamille “Cupcake” McKinney’s death, and the community is still feeling the impact of the tragedy–no one more so than McKinney’s mother, April Thomas.

“It’s rough,” Thomas said. “I have good days, I have bad days. But it’ll never be the same. I can’t wake up to her smiling at me or waking me up with her hugs or kisses. It’s rough.”

[...]

“What are we going to do to prevent this from happening?” Thomas said. “While the gifts are nice, it still doesn’t [make] our community better. I would rather see more events towards trying to push things to be better. Enough is enough.”

[...]

 
Kamille ‘Cupcake’ McKinney murder suspects indicted on federal kidnapping charges

The Northern District of Alabama U.S. Attorney’s Office and the FBI on Wednesday announced the indictments against Patrick Stallworth, 40, and Derick Irisha Brown, 29. They are each charged with count of kidnapping and one count of conspiracy to kidnap a minor.

Both already are charged with capital murder of a child under the age of 14 in state court for the 2019 slaying of 3-year-old Kamille ‘Cupcake’ McKinney and, if convicted, could face the death penalty. Now, they could also face a similar fate if convicted in federal court.

Lead federal prosecutor, First Assistant U.S. Attorney Lloyd Peeples, said under federal statute, if it is proven that death resulted from a kidnapping, the penalty is either life in prison without parole or death. The decision regarding whether the United States will ask for the death penalty in this specific case will be determined by the Attorney General of the United States at a later time.

One of the advantages to pursuing the federal charges against Stallworth and Brown, Peeples said, is that the federal court system will likely move faster than the state courts. “Again, if we prove death resulted from the kidnapping, which shouldn’t be a hard thing to prove, if we do that then they will get a mandatory minimum sentence of life in prison with no possibility of parole,‘' he said. “Hopefully we’ll be able to bring justice to the family.”
 
OCT 21, 2020
Honoring Kamille “Cupcake” McKinney in Birmingham

Thursday, October 22 is the one-year anniversary of the heartbreaking, tragic news that the body of 3-year-old Kamille “Cupcake” McKinney was discovered. She was taken ten days earlier on October 12, 2019.

[...]

On this anniversary the Birmingham City Council and President William Parker have partnered with the organization Angels Arms Operation Exploited and Missing Persons for the first annual “Never Again” Memorial and Tribute for Cupcake.

The event will take place this Thursday at Tom Brown Village Community Center (555 41st Place North, Birmingham, AL 35222) from 5:30 p.m. to 6:30 p.m. and will feature guest speakers, a school supply giveaway and more.

[...]

The case has been bound over to the grand jury. Jefferson County District Attorney Danny Carr said the grand jury was still operational despite the pandemic.

The last movement in the case happened Tuesday, Oct 6. According to court documents, Stallworth’s attorney, Roderick Livingston, was allowed to withdraw himself from the case because he was hired by the public defender’s office that represents Brown.

[...]
 

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