Courts say no to appeal filed by man accused of being responsible for toddlers death in Murfreesboro

Mar 14, 2013 at 09:42 am by bryan


There are updates in the case involving the death of 16-month old Kymari Clark in Murfreesboro that occurred in 2010…

In January of this year, 33-year old Rashii Brisbon was sentenced to 20-years in prison after being convicted of aggravated child abuse for the death of the toddler that was in his care. Brisbon has appealed his conviction suggesting the State did not present evidence sufficient to support the verdict.

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During his original appearance in a Rutherford County Circuit Courtroom, records show, “The State’s expert witnesses testified that the baby had suffered non-accidental trauma, possibly shaking.” The records also state, “that his injuries (victim Kymari Clark) included retinal hemorrhages, swelling of the brain, and bruising on his neck.” When interviewed by police on the day of the incident, Brisbon told police that the child choked on bread. In appeals documents it states, “Detective Mongold overheard the defendant say that the victim had fallen off the couch,” several days later an investigation confirmed, “the victim’s autopsy determined the manner of death to be homicide.”

The appeal to Brisbon’s conviction has been denied. Judge John Everett Williams wrote, “Because we conclude that the evidence is sufficient to support the verdict and that the trial court did not abuse its discretion in imposing a sentence, we affirm the judgments of the trial court.”

Source:

Case Number: M2012-00671-CCA-R3-C

Appellate TN Court Opinion filed 3/13/13

Read the opinion of the court on the appeal

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