Unusual case brings awareness
Officials hope young man's death will draw attention to shaken baby syndrome
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State's Attorney Thomas Kelly, far left, and Montpelier Police Chief Tony Facos discuss a the decades-old case of Brian Deyo with advocates for victims of shaken baby cases Monday at Kelly's office in Barre. From left are Kelly, Sandra Clougher of the Department for Children and Families, Linda Johnson, executive director of Prevent Child Abuse Vermont, and Facos. Stefan Hard/Times Argus |
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By Thatcher Moats Times Argus Staff - Published: January 13, 2009
BARRE – Brian A. Deyo, Jr.'s death in Berlin last year was ruled a homicide by the state medical examiner's office. The local prosecutor knows the cause of death and whom he could charge, but he doesn't plan to press the case.
That's because Deyo's death – and his life — were not like most cases that come before state's attorneys in Vermont.
Deyo died on April 30, 2008 at the age of 21 from respiratory failure at the Central Vermont Medical Center.
But the reason his lungs failed him, according to an autopsy performed by Deputy Chief Medical Examiner Dr. Elizabeth Bundock, was because of the abuse he suffered as an infant at the hands of his mother over two decades ago.
Deyo was born April 5, 1987. When he was just two-and-a-half months old, his 20-year-old mother Sharon Goodell was arrested and charged with aggravated assault for shaking Deyo until he was unresponsive. Deyo suffered massive brain damage.
Deyo's grandmother and local officials are hoping that Deyo's story can raise awareness about the problem of what is commonly referred to as "shaken baby syndrome."
According to an affidavit, Goodell admitted to shaking her son to stop him from crying. She also admitted to repeatedly tossing the baby in the air and putting her hand over his mouth and nose for a few seconds to quiet his crying.
Goodell pleaded no contest to the charge and was sentenced to serve six months in prison and 15 years on probation.
Deyo never recovered from the injuries and required "total care," said Eldora Deyo, his grandmother and legal guardian.
Brian Deyo never talked. He couldn't walk. He required multiple surgeries. He required oxygen tanks. He was fed through a tube in his stomach. When he was choking, he had to have his airways suctioned clean.
"He was very deformed," said Eldora Deyo, a resident of Berlin. "He had no room in his chest for his lungs."
Despite Deyo's condition in his difficult life, he was a central part of the family.
On Monday, Eldora Deyo wore a shirt that said: "A grandmother's love is never-ending."
"He was with us on holidays and weekends," said Eldora Deyo, 70. "He was very much the center of our life. We brought him down here for Christmas, and he got gifts like everyone else. He enjoyed people. He would sit in a chair and laugh."
Eldora said she would like to see Goodell prosecuted for the crime, but understands how time-consuming and difficult it would be.
"I can see it both ways," she said. "I don't want to bring up a lot of old memories."
Washington County State's Attorney Tom Kelly has decided not to charge Goodell in connection with Deyo's death. Despite the declaration of homicide, proving that Goodell's actions lead directly to the death would be difficult, Kelly said.
"To prove that beyond a reasonable doubt, I think, is a long shot," Kelly said.
Kelly said that he did not think there was any legal reason the charge could not pressed. He did not think "double-jeopardy" rules – which prevent a person from being tried for the same crime twice – would prevent a prosecution in this case. That's because a new "element" – Deyo's death – has been inserted into the mix.
"The element of death hadn't occurred, so it's possible to bring a charge of manslaughter, or possibly something more serious," said Kelly.
But Kelly questioned the practicality of bringing a charge against Deyo's mother.
"While a criminal prosecution for manslaughter is within the realm of possibility, I have declined to file the manslaughter charge," Kelly said in a written statement. "Given that two decades have elapsed, the prospects for a successful prosecution are rather limited. Despite the medical examiner's opinion, in my judgment it's doubtful a jury would ultimately decide that the evidence established beyond a reasonable doubt that Ms. Goodell's conduct caused the death of Brian Deyo, 20 years after he was injured. Since Ms. Goodell was already prosecuted, convicted and sentenced for her conduct, the wisdom and utility of bringing further charges is questionable, in light of the limited chance for a successful prosecution."
Shaken baby syndrome and abusive head trauma is a problem that seems to have worsened in Vermont in the last year-and-a-half, even though awareness of the issue has increased since Deyo was abused in 1987.
Kelly, Montpelier Police Chief Anthony Facos, a representative from the Department for Children and Families, and a representative from Prevent Child Abuse Vermont gathered at the state's attorney's office on Monday to raise awareness of the issue.
Sandra Clougher is the district director of the Family Services Division at the Department for Children and Families, and was the supervisor of the DCF investigation into Deyo's case 20 years ago.
Clougher said Brian's injuries — along with two other babies who were abused in the Washington County area around the same time — raised eyebrows in the community.
"The Washington County area had three children abused in the span of three months. One died, and two were injured, Brian being one of them. It was one of those things where you go: 'What the heck is going on?'" Clougher said. "I remember Brian, and I remember Brian's case."
Clougher said she feels progress has been made since then in raising awareness about the effects of abusing and shaking babies.
"When we ask people: 'Did you know shaking a baby is dangerous?' We're getting more 'Yeses,'" Clougher said.
Despite that awareness, Linda Johnson, the executive director of the non-profit Prevent Child Abuse Vermont, said she has seen an increase in child abuse and in infant deaths in the last 18 months, which she attributed to the economy.
In a bad economy, child abuse cases always rise, Johnson said.
"I've never seen as many cases as in the last 18 months," said Johnson.
There have been at least four infant deaths due to abuse since August 2007, said Clougher. She is also aware of two serious injuries in that time frame.
Any adult who is strong enough can severely harm a baby, but "more perpetrators are men and most of them are fathers or boyfriends or someone related," said Clougher.
Clougher said attempts to try to stop a baby from crying are what lead to most cases of shaken-baby syndrome.
"That's what everybody believes: It's people who can't tolerate fussiness or crying," said Clougher.
Other stresses can contribute to infant abuse, such as having a baby prematurely or having twins. A lack of parenting experience is another factor.
Prevent Child Abuse Vermont provides education in local schools and they provide information at hospitals on the seriousness of shaking or abusing a baby and how to handle the stresses of parenting.
"We'll go anywhere and train anyone," said Johnson.
Kelly said he spoke with Goodell recently, but she could not be reached for this story.
Eldora Deyo believes Goodell actually goes by a different last name.
Goodell was the girlfriend of Eldora Deyo's son, Brian Deyo, Sr. After the abuse, both Brian Deyo, Jr. and Brian Deyo, Sr. moved in with her, Eldora Deyo said.
Brian Deyo, Sr. said he saw his son about two weeks before he died, but did not see him that often.
"I couldn't see seeing him like that suffering," said Brian Deyo, Sr., now 46-years-old.
Brian Deyo, Sr. said he was not sure how the abuse came about. He said the young family wasn't struggling financially.
He said Eldora Deyo's care was one reason his son lived to the age of 21.
"He probably wouldn't have as lived as long as he did, that's for sure. My mother is pretty insistent – when she's got her mind set on something, that's the way it is," Brian Deyo, Sr. said.
Eldora said she took Brian Deyo, Jr. when he was released from the hospital a few weeks after his initial injury, and refused to give him over to Goodell for a weekend visit, despite a court order.
Eldora Deyo said her daughter, Sherry Russell, took care of Brian Deyo, Jr. during the last nine years of his life.
Eldora Deyo said she cannot forgive Goodell for the abuse, but she said she will try to move on.
"I could never forgive her," Eldora Deyo said. "But I'm trying to heal. He's gone, and he's not going to come back."
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