State won't seek death

State won't seek death

Couple faces murder trial for killing boy with spice mixture

February 23, 2007

Jaime Powell

Caller-Times

District Attorney Carlos Valdez will not seek the death penalty for a couple charged with capital murder in the death of a 4-year-old boy who was given Cajun spices as a punishment, prosecutors said late Thursday.

Hannah and Larry Overton, who are charged in the Oct. 3 death of Andrew Burd, pleaded not guilty to the charges last week in 214th District Judge Jose Longoria's courtroom.

Hannah Overton, 29, is accused of feeding Andrew a mixture of water and Cajun seasoning as punishment on Oct. 2, according to arrest affidavits.

After drinking the mixture, the boy vomited and drifted in and out of consciousness. Hannah and Larry Overton, 30, waited nearly three hours before taking Andrew to a medical clinic, where he died the next day, affidavits stated. The couple was in the process of adopting Andrew.

Valdez and a team of prosecutors from his office made the call late Wednesday, deciding not to seek the death penalty for the Overtons after a review of the circumstances and evidence, and filed the paperwork with the District Court Clerk's Office Thursday, according to assistant District Attorney Mark Skurka.