A Pittsylvania County woman was found guilty of child abuse Tuesday morning after a gruesome trial brought to light the house of nightmares that her 6-year-old daughter was forced to live in before the child's father was awarded full custody.
Brianna Michelle Tipton, 27, who is already serving an 18-year prison sentence for fatally abusing her grandmother, now faces an additional 10 years and $100,000 penalty thanks to a damning conviction by the Honorable Judge Stacey W. Moreau in Pittsylvania County Circuit Court.
On Oct. 19, 2020, a Grand Jury handed down the child abuse indictment after a May 7 incident in which investigators responded to the house of horrors to investigate the reports of elder abuse that have already been litigated against Tipton and her mother, Shannon. At the time, Tipton confined both her daughter and grandmother to inhumane conditions and isolated her daughter from loved ones.
"[Tipton] fought to keep my daughter out of my life," the child's father, Zachery Hedrick, testified.
After more than three years fearing for the safety of his daughter, Hedrick has gained full custody. She will never return to the living nightmare at 2293 Oak Hill Rd. in the Cascade area west of Danville.
When investigators first made contact with the defendant, it didn't take long to realize something was very, very wrong. Pittsylvania County Sheriff's Investigator Janet Sargent testified that, standing outdoors as many as 30 feet away from the house, a caustic smell became immediately overwhelming.
"An odor was coming from [Brianna and Shannon] and the house," said Pittsylvania County Sheriff's Investigator Kelly Hendricks. "When she opened the door, it was an overwhelming smell of decomposition, garbage, urine, feces and ammonia."
Investigators returned to the home on June 12 to execute a search warrant. Tipton refused to answer the door after numerous attempts, Hendricks testified.
"There was urine and feces all over the floor," Hendricks said. "There was decomposing food on the countertop and garbage overflowing."
Assistant Commonwealth’s Attorney Alexis Johnson presented gruesome photos to the court Tuesday morning that painted the sickening scene. The child's bedroom was especially haunting – a single mattress with no sheets or pillows was overshadowed by something much more disturbing.
"Feces was splattered inside the child's bedroom," Hendricks said. "Shoved under the bed were paper towels caked with feces and urine."
In an emotionally charged closing argument, Johnson would say, "There is literal sh-t all throughout her bed."
A portable commode used by Tipton's grandmother, 74-year-old Eileen Myers, who was already hospitalized at Sovah Health for abuse she sustained inside the house, was found in the hallway just outside the child's bedroom full of months-old human waste and dead maggots.
Investigators located large piles of feces and garbage on the floor in the hallway, in the basement and in the child's playroom. Inside the house were also loose dogs, ferrets, birds and an "uncountable number" of flies. Blanketing the floor of the playroom was a layer of birdseed mixed with feces.
Hendricks described urine throughout the house as "a sheen that seemed to constantly stay wet" in every room. In the basement, urine had saturated a number of cardboard storage boxes.
According to witnesses, a snow shovel was used to move feces and garbage into large piles.
"The strong odors coming from the house made it hard to breathe," Hendricks said. "I was gagging and dry heaving. You could smell the decomposition from outside the house."
Not only food was decomposing in the two-story house in suburban Danville – Myers had been decomposing alive in her own bedroom, with investigators finding maggots in and on her body before she was hospitalized.
Tipton's defense attorney, William C. Meyer II of Chatham, argued that in the crime scene photos, a broom, mop and steam cleaner are visible – a sign that Tipton intended to remedy the mess inside the house.
Prosecutors noted that Tipton's daughter, who will not be named due to her age, had undergone eye surgery one day before investigators arrived on the property. This would make the abundant presence of human and animal waste in the child's bedroom an inflated health concern.
"I've been in meth houses that don't smell that bad," Sargent is heard saying on bodycam footage shared with the court. "I cannot leave that baby in this house. What she's breathing in...you're killing yourselves."
Sargent also testified that the 5-year-old had asked her to retrieve a toy vacuum cleaner from inside the house, saying it was no coincidence that, "She wants cleaning toys."
Meyer would call Melanie Dalton, Tipton's longtime best friend, to the stand.
"She's always been very healthy," Dalton said of Tipton's daughter. "I never seen anything wrong in 10 years."
Dalton testified that she did not see any animal waste in the home during her solitary visit and that Tipton had babysat her own children for years without reason for concern.
The witness' credibility was shot after she admitted the lone visit to the home was nearly a year before the search warrant was executed, and moreso when she could not remember the address of the house, how many floors it was, where the kitchen was situated or where the child's bedroom was situated. Johnson would later suggest Dalton had never visited the house.
"Primarily, what we have here is distaste...not danger," Meyer said in closing arguments. "We have no expert testimony, we have no injury."
Johnson retorted that Virginia's child abuse statute does not necessitate injury. The code defines child abuse as reckless disregard for a child such that it compromises the child's life, health or morals.
Prosecutors also mentioned that they observed the 5-year-old entering the repulsive house seemingly unaffected, suggesting the conditions had been in similar disarray for so long that it had become the child's norm.
"That child was in danger," Judge Moreau said after ruling in favor of the commonwealth. Moreau needed no time to reach a verdict in Tuesday morning's bench trial.