"Toddler John" JAMES - 2 yo/ Accused: Andrew Payne and Davia James - Banning/ Riverside CA

http://www.swrnn.com/2011/12/19/banning-couple-accused-of-fatally-beating-2-year-old-to-be-arraigned/

A Banning couple accused of fatally beating the woman’s 2-year-old son are slated to be arraigned today on murder and other felony charges.

Andrew Lee Payne, 24, and Davia Damanique James, 22, could each face 25 years to life in prison if convicted of killing the toddler, who died from severe head trauma on Nov. 11.

Along with the murder count, Payne is charged with possession of illegal substances, falsifying a prescription and child abuse.

James faces charges of murder and willful injury to a child resulting in great bodily injury.

Each defendant is being held in lieu of $250,000 bail — Payne at the Larry D. Smith Correctional Facility in Banning, and James at the Robert Presley Detention Center in Riverside.

Banning police said officers were sent to the defendants’ house at 1435 W. Hays St. to investigate a report of an injured child, identified as James’ son. Payne is the toddler’s stepfather.

Investigators said the boy had suffered a head injury two days earlier but was not taken to the hospital. The defendants called an ambulance when the tot’s breathing became labored, and he was transported to San Gorgonio Memorial Hospital in Banning for treatment, according to Sgt. Alex Diaz.

Because of the acute nature of the child’s external and internal injuries, he was transferred to Loma Linda University Medical Center, where he succumbed two days later.

With one of the defendants hospitalized, arraignment was postponed
today for a Banning couple accused of fatally beating the woman's
2-year-old son.

Andrew Lee Payne, 24, and Davia Damanique James, 22, allegedly
inflicted numerous injuries on the toddler, who died from severe head
trauma on Nov. 11.


James, who is the victim's stepfather, is charged with
second-degree murder, child endangerment and a sentence-enhancing
allegation of inflicting corporal injuries to a child resulting in
death. She faces 15 years to life in prison if convicted.


Payne is charged with first-degree murder, possession of illegal
substances, falsifying a prescription and child abuse. He's facing 25
years to life if convicted.


The defendants were slated to be arraigned today before Riverside
County Superior Court Judge Michele Levine. But she rescheduled the
hearing to Jan. 9 after sheriff's deputies informed the court that James
was hospitalized in the intensive care unit of the jail infirmary.


Deputies did not disclose the nature of the woman's illness. She was six months pregnant at the time of her arrest.


Each defendant is being held in lieu of $1 million bail -- Payne at
the Larry D. Smith Correctional Facility in Banning and James at the
Robert Presley Detention Center in Riverside.


Banning police said officers were sent to the defendants' house at
1435 W. Hays St. to investigate a report of an injured child on Nov. 9.


"The little boy had suffered ... a compressed spine that was
fractured, a punctured lung, bruising all over his body," said Deputy
District Attorney Kevin Beecham. "There was brain hemorrhaging from
blunt force trauma. He was literally beaten to death."


According to the prosecutor, most of the injuries allegedly
occurred while the youngster -- identified in court papers only as John
Doe -- was under Payne's supervision and James was shopping.


He said the child laid in the house, drifting in and out of consciousness
for two days before James finally requested an ambulance.


The tot was transported to San Gorgonio Memorial Hospital in
Banning for treatment, but because of the acute nature of his injuries,
he was transferred to Loma Linda University Medical Center, where he
died two days later.

http://www.myvalleynews.com/story/60588/