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Sugar Cookie

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Thursday morning family and friends of the three year old Wilson boy beaten to death earlier this summer gathered outside the Carter County courthouse.

The boy’s aunt, uncle, and father were inside, facing charges for his death.

His mother, Kyla Burgess, was mourning him.

“If I’m honest, I have hatred in my heart right now,” Burgess said. “Because the three who did this to him were supposed to protect him. His aunt, his uncle, and his father.”

Burgess said she’d been trying to take her ex-James Daren Smith-to court for four months after he took their son James a year ago.

His aunt, Shannon Smith was approved by DHS to be a safety monitor while parental rights were being worked out in court.

“I tried and tried to get him but nobody let me have him. I would have done everything,” Burgess said.

But in July, James’s father Darin, his aunt Shannon, and her husband Frank Smith were arrested after the three year old died with a fractured skull and bruises all over his body.

Court documents allege the boy’s father and aunt severely beat the boy, and her husband failed to protect him from the abuse.

The last time Burgess spoke with Shannon, she said she would talk to Daren about working something out.

“So I got a phone call 10 days later that my son was in the hospital,” Burgess said. "So Shannon nor Frank nor Darin called me until an hour and a half after my son’s heart stopped.

Now, Burgess is left feeling helpless.

Burgess warns parents that abuse can come from anywhere.

“If you see any sign of any abuse of anything, get your kid out of there,” Burgess said. “You never know what’s going to happen. And you don’t want it to be too late.”

All three are due back in court next month. They face up to life in prison if convicted.
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Three relatives have been arrested in connection to the death of a three-year-old boy in Wilson.

Police said they received a call about the boy allegedly falling from a crib.

The child was unresponsive and rushed to a Healdton hospital, where he had little to no pulse.

Police said the child had bruises from head to toe and a fractured skull.

Shannon Michelle Smith, 29, who is the child’s aunt, was arrested for first degree murder and failure to protect.

James Daren Smith, 23, who is the boy’s father, was arrested for child abuse by injury and failure to protect.

Frank James Smith, 24, who is the child’s uncle and husband to Shannon, was arrested for failure to protect.

Authorities said the three all lived at the home where the abuse occurred in Wilson.

Three other children living in the house were taken into DHS custody, police said.
 
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Poor Pudd could have done anything or nothing to set these people off.

Refused to take a nap, not ate all food or had an accident in his pants.

There must have been issues in the mother's home as well if the child was placed in the custody of relatives where the father resided.

The aunt and bio dad look like drug addicts.
 
Thursday morning the three family members charged in the beating death of a Wilson toddler plead not guilty at the second preliminary hearing.

Late July a three year old, James Smith Jr. died in a Healdton hospital with a fractured skull and bruises from head to toe.

The boy’s mother, Kyla Burgess, said because of the extensive injuries, she wasn’t allowed to hold the baby before the funeral.

“Even with all the makeup from the funeral home you could see the bruises on his face,” Burgess said.

Burgess said facing the three accused family members in court has been difficult.

“I’ve seen their faces and they don’t care,” Burgess said. “There’s a three year old gone and they don’t care.”

Prosecutors say the boy’s aunt Shannon Smith and the father, James Daren Smith beat the boy... while the uncle, Frank Smith did nothing.

Burgess said with the evidence showing the child abuse, she’s confident they’ll be convicted.

“The child abuse is what lead to the murder,” Burgess said. “I don’t care how you look at it. If someone had stepped in and stopped the abuse, there would be no murder trial. My son would be here and they’d be in jail for child abuse.”
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Two individuals arrested in connection with the death of a 3-year-old Wilson child are now facing first-degree murder charges.

District Attorney Craig Ladd said the previous charges were filed based on the evidence available to the district attorney’s office at the time.

The completed medical examiner’s autopsy report stating the official cause of the victim’s death also came in on Thursday. After reviewing the reports, Ladd found enough evidence to upgrade the charges against Shannon and James Smith to first-degree murder.

The charging documents accuse both individuals of committing murder by “using unreasonable force” or allowing the 3-year-old child to be severely injured. The documents further state that the use of force resulted in multiple blunt force trauma injuries, which in turn "caused his violent death.”
 
The father of the Wilson toddler beaten to death last July pleaded guilty to child abuse Wednesday just before noon. He was the second family member to be convicted in the case; his sister-in-law Shannon Smith pleaded guilty to 1st degree manslaughter in April.

Shannon Smith is currently serving time in Mabel Basset Correctional Center after she pleaded guilty to first degree manslaughter in April. The court said she was the one who delivered the fatal blows to the baby. The child’s father, James Daren Smith, was originally charged with first degree murder. Wednesday morning he pled guilty to a lesser charge of child abuse.

Baby James Smith’s mother, Kyla Burgess, said she feels like the justice system did right by her son.Smith was given a 30 year sentence with 12 years in prison and 18 years suspended.

During the hearing, Smith stated that he had spanked his son with a belt, but said “The rest I had no idea about,” referring to the abuse by his sister-in-law Shannon.

Burgess said that’s not true and she told the court that during her victim impact statement.

“Sitting there listening, it hurt until I got to say my piece,” Burgess said.

After her statement, Smith admitted he was aware of the abuse.

“I understand he is not taking responsibility for the actual abuse that he caused my son,” Burgess said. “But me being able to hear him say ‘Yes, I did know,’ that is admitting somewhat that he knows he is responsible.”

On Thursday the third and final family member charged in the boy’s death - his uncle Frank Smith - is scheduled for his plea hearing.
 
He looks like he's so happy his little limbs are getting ready to start shaking. I just overdosed on DD two days in a row. I just want to hug him and tell him I'm sorry the monsters broke his fucking skull and bruised his entire tiny body. How? Just how do you even put the first bruise on a child and then keep hitting him everywhere. He had to be wailing and screaming. What kind of fiend could hear that and keep hitting a sweet toddler?
 
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Offender: Shannon M. Smith​

Sentences​





CRF#CourtOffenseConviction DateTermTerm CodeReception DateDischarged Date
2020-277CARTER COUNTY COURTMANSLAUGHTER FIRST DEGREE (85PCT 7/1/01) 4/21/2021 15 Y Probation 4/21/2021 Active
2020-277CARTER COUNTY COURTMANSLAUGHTER FIRST DEGREE (85PCT 7/1/01) 4/21/2021 30 Y Incarceration 6/3/2021 Active

1692822316554.webp

Offender: James D. Smith​

Sentences​





CRF#CourtOffenseConviction DateTermTerm CodeReception DateDischarged Date
2020-276CARTER COUNTY COURTCHILD ABUSE (85%) 7/21/2021 18 Y Probation 7/21/2021 Active
2020-276CARTER COUNTY COURTCHILD ABUSE (85%) 7/21/2021 12 Y Incarceration 12/2/2021 Active

1692822342881.webp

Offender: Frank J. Smith​

Sentences​





CRF#CourtOffenseConviction DateTermTerm CodeReception DateDischarged Date
2020-278CARTER COUNTY COURTCHILD ABUSE (85%) 7/22/2021 17 Y Probation 7/22/2021 Active
2020-278CARTER COUNTY COURTCHILD ABUSE (85%) 7/22/2021 3 Y Incarceration 12/2/2021 2/15/2023
 
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