Stipulation of Facts
Stipulation Of Facts (see pdf attachment)
The Commonwealth’s evidence would show that on February 6-7, 2010 one count of Voluntary Manslaughter in violation of Virginia Code Section 18.2-35 was committed within the City of Virginia Beach:
Braxton Taylor was born on April 7, 2009. Because his birth mother had used drugs while pregnant, Braxton was placed in foster care on April 10th, 2009. Braxton had no drugs in his system when he was born.
Ben and Sara Fitzpatrick served as Braxton’s first foster parents. The attached photos accurately represent Braxton during his time with the Fitzpatricks. The picture where Braxton is dressed in a Halloween costume shows how he looked on October 31, 2009.
Ben and Sara Fitzpatrick were also caring for another foster child named Chloe while also caring for Braxton. Chloe had a spinal condition and required surgery. Care for Chloe was very demanding and taxing for the Fitzpatricks. As a result, they made the decision that Braxton should be placed with other foster parents because they could not devote the 100 percent effort they were accustomed to providing to foster children. The Fitzpatricks eventually adopted Chloe.
On November 9, 2009, the defendant and her husband became Braxton’s foster parents. Braxton did very well with the defendant and her husband for the first 7 weeks. He was happy and smiling and advanced to being able to crawl and sit up. From November 9th 2009 until January 4th, 2010, the defendant’s husband was able to stay home with Braxton around the clock because he was on terminal leave from the Navy (using up his vacation time on the books before formally separating from the service). On January 4th, 2010, he returned to work in a civilian capacity and began working 8 a.m. to 5 p.m. each day. In addition he had Navy Reserve commitments on some weekends and he was required to travel with his new civilian employment.
The defendant’s husband left for San Diego on January 31st, 2010. He returned just after midnight on February 5th, 2010. During this time period, the defendant was the sole care provided for Braxton. Prior to him leaving, Braxton was experiencing some teething pain, but he was able to sit up and would engage people with his eyes and reach for things.
When the defendant’s husband returned from San Diego and got a chance to interact with Braxton he began to cry. He told the defendant “this is not the same baby I left behind when I went to San Diego.” Braxton could no longer sit up. He was unable to fix his eyes on things and follow things with his eyes. He just had a blank stare into space. He would shake for long periods of time. During a six hour period, he would shake for 2-3 hours.
On the morning of February 6th, 2010, the defendant was home alone with Braxton. He ceased to breathe and was rushed to the hospital. Upon examination at the hospital, it was determined that he had the following injuries: cauliflower ear, a bruised groin, crushed testicles and a subdural hematoma. Braxton weighed less upon admission to the hospital than he weighed during his 6 month well baby check-up with his pediatrician Dr. Mitchell from October 2009. Dr Wendy Gunther would have testified that he had brain swelling as the result of shaking and that this would have caused his brain to fill with blood. This ultimately led to his death. He was formally pronounced deceased on February 7th, 2010.
WE AGREE THAT THIS WOULD BE THE COMMONWEALTH’S EVIDENCE.