JOLEN BABAKHANI - 2 yo (2009)/ Convicted: Mother's BF; Rico Antwoine Berry - Edmond OK

Police are investigating the city’s first homicide since 2007.
   Rico Antwoine Berry, 24, has been arrested in connection with the death of his girlfriend’s 2-year-old son.Jolen Babakhani, was declared dead at 12:35 p.m. Wednesday at The Children’s Hospital at OU Medical Center, after he had been put on life support, police said.Berry was alone with the child Tuesday at the Rolling Green Apartments, 400 E Danforth, while the mother, Sara Babakhani, was at school, said Edmond police Lt. Tom Custer, supervisor of the department’s criminal investigations division."The child had been sick, a few days prior, and she stated she didn’t
want to take him to day care so Berry was baby-sitting,” Custer said.When the mother arrived home about 5:30 p.m. Berry told her the child
was having difficulty breathing, Custer said. They were going to Edmond Medical Center when they saw police at the apartment complex on a vandalism call. The officers performed CPR and called for an ambulance. While trying to
resuscitate the boy, they noticed bruising around his chin and on his
neck and fingernail marks on the sides of his neck. The boy was taken to The Children’s Hospital where the medical staff
told police the boy had suffered some sort of trauma, Custer said. "Berry gave several stories,” he said. "Basically he said that he had
‘laid hands on the child.’ He claimed he was not aware the child was
injured.”Police said Berry and Babakhani have been in a relationship since December and were sharing an apartment. "We are still conducting interviews, still talking to Berry about the
situation,” Custer said. "He is being somewhat cooperative.”Berry was being held at the Oklahoma County jail without bail on a murder complaint. He was arrested on a burglary complaint in Oklahoma City in 2008 and received a deferred sentence in July, court records show.Edmond’s last homicide was in June 2007 when the body of Shirley Shell was found by her daughter in her home. One year later, Michael Lamont Gary pleaded guilty to first-degree murder and was sentenced to life in prison without parole, plus 40 years.

February 17, 2010

Murder defendant will go to trial

The Edmond Sun

Wed Feb 17, 2010

EDMOND — A judge Wednesday morning ordered an Edmond man to stand trial in the death of a 2-year-old boy.

Special Judge Gregory Ryan reviewed evidence and ordered Rico Antwoine Berry, 25, to stand trial on charges of first-degree murder and child neglect in the death of Jolen Babakhani, 2, of Edmond.

Berry’s next hearing is scheduled for 1:30 p.m. March 24 before District Judge Jerry Bass. A trial date was not announced.

At about 9:25 a.m., Berry was escorted into the court room, where members of the defendant’s family and the victim’s family were seated.

Throughout most of the roughly hour-long hearing, Berry sat at the defense table, looking down.

Public Defender Gina Walker, Berry’s legal counsel, said Berry was sorry, that Jolen was his “buddy” and that he did not intend to harm him. Testimony from Edmond Police Detective Mike Chesley told a different story, and the medical examiner ruled that the death was a homicide, resulting from head trauma causing a subdural hematoma.

Oklahoma County Assistant District Attorney Gayland Gieger put Chesley on the witness stand and began establishing a timeline of events that transpired on Oct. 13.

On that day, police responded to 400 E. Danforth Road, Apt. 211, in reference to a 2-year-old boy not breathing and being transported to The Children’s Hospital at OU Medical Center. Jolen lived at the apartment with his mother, Sara Babakhani, police said. Berry had just moved in the previous day.

Chesley testified that on the evening of Oct. 13, Berry arrived voluntarily at the Edmond Police station, where he signed in as a guest and was told he was not under arrest. Chesley said he had Berry sign in as a guest because people often are hesitant to talk to police.

Berry was taken to a second floor room, where the hour-long interview was videotaped. Chesley said he explained and read the department’s Miranda form, which Berry signed. Chesley testified that Berry was cooperative and coherent during the interview, and that no deal was offered. Berry was considered a person of interest, Chesley said.

The detective testified that Jolen’s mother, a student, left for classes at about 8:30 a.m. and Berry was the only one present with the toddler during the day. Berry reportedly said he and Jolen ate breakfast and watched television that morning.

Later, Jolen took a nap on the couch. At about 3:25 p.m., the toddler had to use the restroom. Berry said he had to clean up a bowel movement in Jolen’s underwear, the detective testified. No soiled underwear was found in the apartment, Chesley said.

Berry said Jolen vomited a piece of corn dog, Chesley testified. Berry told the detective that he cleaned up Jolen and dressed the toddler, who then fell asleep on the couch.

After someone in the courtroom gallery audibly sighed, the judge ordered silence and said future displays of emotion from anyone in the courtroom would not be tolerated, and that they could be cited for contempt of court.

Chesley testified that Berry told him he put Jolen to bed at about 4:30 .m. From about 4:30-5 p.m., Berry watched television and played video games. From about 5-5:30 p.m., Berry and Sara spoke on the phone. At about 5:34 p.m., Berry checked on Jolen and noticed the boy’s lips were blue.

During further questioning at the police station, Berry’s story changed, Chesley testified. Berry said he was going to take Jolen to a movie after lunch, looked down and saw that the toddler had fallen down the flight of stairs. Berry told the detective he carried the semi-conscious boy back upstairs and laid him on the couch, and that Jolen was in the bedroom when his mother came home.

Berry was told by detectives that his story was inconsistent with what doctors were saying about Jolen’s injuries, Chesley said.

Berry then told the detective that at about 1:30 p.m. he decided to “roughhouse” with Jolen, activity that included a “choke slam” and “play boxing,” and that in the process Jolen hit his head on a coffee table, Chesley testified. Berry said during the “play boxing” he punched Jolen in the forehead with closed fists.

When asked why he didn’t seek medical help, Berry said he was scared, Chesley testified.

During cross examination, Walker quizzed Chesley about why he had Berry sign in as a visitor, about policy for visitors being escorted in the building and why Berry was Mirandized in the interview room. Chesley said he was following department policy.

Walker also mentioned that Jolen had been ill before that day, causing his mother to give him children’s pain and fever-reducing medication.

Walker said Jolen suffered from asthma and sickle cell anemia. Walker also said Berry was remorseful about Jolen’s injuries.

Walker also questioned Chesley about discussions with Detective Mark Oak, the length of the interview at the police station and how stress can affect a witness’s memory.

Friday, August 26, 2011 at 10:00 AM CALL DOCKET- TRIAL(CDT)	BERRY, RICO ANTWOINE	Glenn M. Jones
Monday, August 29, 2011 at 9:00 AM JURY TRIAL (ISSUE)(JTI)	BERRY, RICO ANTWOINE	Glenn M. Jones

http://www.oscn.net/applications/oscn/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=2535670&db=Oklahoma

08-25-2011 CTFREE - BERRY, RICO ANTWOINE 68231707 Aug 29 2011 12:42:02:140PM - $ 0.00
JUDGE G.JONES: STATE APPEARS BY ADA SUANNE CARLSON.DEFENDANT APPEARS IN PERSON AND WITH HIS ATTORNEY , JAMES L. HUGHES , ASSISTANT PUBLIC DEFENDER. COURT REPORTER PAULA DOLLINS IS PRESENT. COURT ORDERS THAT THE DEFENDAN'S ORIGINAL MOTION FOR CONTINUANCE AND DEFENDANT'S ORIGINAL WAIVER OF RIGHT TO A SPEEDY TRIAL WHICH WERE MISFILED IN CF-11-1389 BY REMOVED FROM THAT CASE FILE AND INSERTED IN THE CASE FOR CF-09-6018. DEFENDANT WAIVES HIS RIGHT TO A SPEEDY TRIAL AND DEFNEDANT'S MOTION FOR CONTINUANCE IS SUSTAINED FOR GOOD CAUSE SHOWN AND WITHOUT OBJECTION OF THE STATE. JURY TRIAL IS CONTINUED TO MARCH 26,2012 AT 9: 00 A.M.AND JURY CALL DOCKET SET FOR MARCH 23,2012 AT 9:00 A.M. MOTION TO BE FILED BY JANUARY 20,2012.MOTION HEARING SET FOR FEBRUARY 10,2012 AT 9:00 A.M.

http://www.oscn.net/applications/oscn/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=2535670&db=Oklahoma

Mother Of Toddler Abused, Killed In Edmond Testifies In Court

Posted: Jan 30, 2013 12:39 PM CDT
Updated: Jan 30, 2013 12:40 PM CDT
By Adrianna Iwasinski, News 9

OKLAHOMA CITY - Wednesday morning the mother of the two-year-old boy who died broke down in tears as she testified about what happened the day she came home to find her son not breathing.

According to court records, Edmond Police officers were flagged down in an apartment complex at 400 E. Danforth Road by Sara Babakhani and her boyfriend, Rico Antwoine Berry the evening of October 13, 2009.

Those papers state officers found Babakhani's son, two-year-old Jolen, unresponsive and not breathing. Officers performed CPR until EMSA and Edmond fire personnel arrived. EMSA transported Jolen to the Children's Hospital at OU Medical Center where he later died.

Babakhani testified Rico Berry was not the father of Jolen. She testified how Berry texted her saying, "I'm so sorry Sarah, this is all my fault."

She testified how she asked him what happened and she says he told her he didn't know. She testified how her son had bruises all around his neck and head.

The state showed both Babakhani and the jury pictures of her son taken at the hospital that showed the injuries Jolen suffered, including bruises to the forehead and scalp and around his neck and chin.

In the courtroom were Berry's family and the biological father of Jolen, who sat in the back row of the gallery during the tearful testimony and who watched his son's accused killer intently.

Berry is charged with 1st degree murder and one count of child neglect.

http://www.newson6.com/story/20847125/mother-of-toddler-abused-killed-in-edmond-testifies-in-court

Edmond Man Convicted in Child Abuse Death

11-Feb-2013

An Edmond, Oklahoma, man was convicted in Oklahoma County court after he was accused in the beating death of his girlfriend's toddler son. Rico Antwoine Berry, 28, was convicted of first degree murder and child neglect following the October 2009 death of 2-year-old Jolen Babakhani. Berry is scheduled to be sentenced later this month, and a jury has recommended a sentence of life in prison without parole on the murder complaint, accompanied by a sentence of life in prison for the neglect conviction.

According to the victim's mother, Sara Babakhani, she and the defendant had been dating for approximately 10 months when she left the child in Berry's care while she attended classes at Langston University. Babakhani said that, although she usually took the boy to day care, she kept him home because he was sick and left him in the care of her boyfriend. She said she had no concerns about leaving Jolen with Berry. However, when she returned home, she found her son unresponsive with blue lips and bruising about the head and neck. When she confronted Berry, says Babakhani, he denied knowing what had happened to the child.

Berry's child abuse defense attorney argued that the injuries the toddler sustained were inflicted accidentally as a result of horseplay. Prosecutors say the man gave three different versions of how Jolen sustained the injuries, including one in which Berry said he and the child were wrestling and he picked up the boy by the throat and slammed him to the couch twice.

As part of the prosecution, Assistant District Attorneys SuAnne Carlson and Gayland Gieger pointed out that Berry did nothing to get help for the child in spite of his obvious injuries. They say that during the day, he exchanged phone calls and texts with Jolen's mother, but never gave any indication that the child was injured.

Berry's public defender argued that his client did not realize that he had done anything wrong or unreasonable. He claimed that Sara Babakhani encouraged Berry to roughhouse with the boy in order to "toughen him up." He says that Berry did not intend to harm the child, who later died of substantial head trauma.

Berry faces the possibility of two life sentences, one without parole, at the recommendation of the jurors who convicted him. His sentencing is scheduled for February 22, 2013.

http://www.oklahomalegalgroup.com/news/edmond-man-convicted-in-child-abuse-death