DESTINY TINCHER - 2 yo - (2010) Breathitt County KY

Updated: 7:13 PM Nov 9, 2011
Toddler's murder trial begins
The prosecution says he is responsible for killing his girlfriend's two year old daughter.

The prosecution says he is responsible for killing his girlfriend's two year old daughter.

The trial of Jeffery Noble began Wednesday.

Noble is accused of killing Breathitt County toddler Destiny Tincher in May of 2010.

On Wednesday, the prosecution began presenting its case to the jury.

It’s been more than a year since Destiny Tincher died and as Jeff Noble's trial began Wednesday for Destiny's alleged murder, both families are struggling.

The prosecution is trying to prove that Jeff Noble hit and threw Destiny when she hit the coffee table.

The defense says Noble is not responsible for Destiny's death, he says she tripped.

We’ll have more on this trial over the coming days.

http://www.wkyt.com/news/headlines/Toddlers_murder_trial_begins_133570978.html

Updated: 7:24 PM Nov 10, 2011
Noble on trial for allegedly murdering a toddler

It will not be long until Jeffrey Noble will know his fate. He is accused of murdering 20-month-old Destiny Tincher last year.

It was a short day of testimony as the prosecution rested their case Thursday morning, but not before calling two key witnesses to the stand.

The first was Elliot King Who says Jeffery Noble told him in jail that he was high on percocet 30s when he hit Destiny and threw her causing her head to hit the coffee table.

King said he was upset after a chapel service inside the jail and was emotional when he came back to his cell where Jeffery Noble was.

King said as they were talking Noble told him he made a terrible mistake.

"He said he hit her so hard that he picked up to throw her on the couch, and that's when she hit the coffee table," said King.

When the defense cross-examined King, they tried to prove that King only wanted leniency in his own five year sentence, and that's why he told police.

The prosecution's second witness Thursday was Dr. Cristin Rolf with the medical examiner's office here in Kentucky. She says Destiny died from head injuries.

The prosecution showed pictures from the autopsy of the bruising on Destiny's head and scalp. She also stated her opinion on whether a fall could cause the bruising.

"These are not consistent with a simple fall, these are four very large bruises on the back of the head," said Rolf.

The defense asked Dr. Rolf about previous head injuries Destiny sustained when she was 7-months-old trying to show she could have been more susceptible to head injuries.

After Dr. Rolf was dismissed, the defense called their first witness Jeffery Noble's sister.

The defense brought up another possible scenario of how Destiny could have received the bruises on her ears noted by Dr. Rolf.

"While at the hospital did Ashley tell you that she put the bruises on destiny?" said defense attorney Sarah Bryant.

"She said she was holding Destiny by her ears," replied Noble's sister.

Noble's sister also testified that her brother was a good man who loved Destiny, and the rest of Noble's family agrees.

"He loved those babies. He was with them everyday, he took care of them," said Noble's cousin Heather Taulbee.

But for Destiny Tincher's aunt, justice can not come soon enough.

"I hope they give him the time that he deserves, and for us that couldn't be enough because we believe with all of our heart that he did this," said Patty Smith.

But only the jury gets to decide Jeffrey Noble's guilt or innocence.

http://www.wkyt.com/wymtnews/headlines/Noble_on_trial_for_allegedly_murdering_a_toddler__133657043.html

Updated: 7:06 PM Nov 11, 2011
Breathitt Co. man convicted of manslaughter

It's a verdict neither side is happy with.

Jeffery Noble's murder trial ended Friday with a 2nd degree manslaughter conviction and a jury recommendation of 10 years in jail.

While Destiny Tincher's family on the father's side says 10 years is not enough, Jeffery Noble's family says he should not be in jail at all.

As the attorneys gave their closing arguments Friday morning, Jeffery Noble's defense said this case has a lot of unanswered questions.

"We can not ignore and you can not ignore the other alternatives that were present with Destny Tincher. You can't ignore that blood clot, that both experts said that could have been caused by a minor trauma," said defense attorney Lisa Whisman in her closing argument.

But, the prosecution said there are no questions.

The prosecution reminded the jurors that they had a witnesses who says Noble told him he hit and threw Destiny when she hit the coffee table, and they had evidence from the medical examiner that said a simple trip and fall could not produce the injuries Destiny sustained.

"If I trip and fall, I'm not gonna be bouncing around and hitting my head, here flip over here and hit my head here, or hit my head over this way. It's not gonna happen," said Commonwealth's attorney Darrel Herald while demonstrating the fall for the jury.

But neither closing argument garnered the conviction either attorney wanted.

"We the jury find the defendant guilty of the events of 2nd degree manslaughter," read Breathitt Couny Circuit Court Judge Frank Fletcher.

The prosecution wanted a 1st degree murder conviction, and the defense wanted a not guilty verdict.

Both families were not happy with the verdict.

"We was shocked, we didn't think that he would get that. We really didn't," said Jeffery Noble's cousin Misty Taulbee.

"He is going to have the chance, he is young. He is going to be able to get out and move on with his life when we will never see Destiny again," said Destiny Tincher's Aunt Patty Smith.

Neither family feels justice was served.

Noble is scheduled for sentencing December 9th.

http://www.wkyt.com/wymtnews/headlines/Breathitt_County_Man_Convicted_of_Manslaughter_133700978.html

The Breathitt County man responsible for the death of two-year-old Destiny Tincher learned his fate Friday.

A jury convicted Jeffery Noble of manslaughter instead of the original charge of murder.

The Breathitt County Circuit Court Judge sentenced Noble to ten years.

Noble has already served about a year of that ten year sentence.

http://www.1039thebulldog.com/news