AAVIANA PAYNE - 2 yo (9/11) - / Convicted: Mother's boyfriend Luis Lopez - Elyria, OH

Death of 2-year-old under investigation

By ALLISON STROUSE

Posted: 09/13/11, 12:00 AM EDT |


ELYRIA -- The death of a 2-year-old Elyria girl is being investigated by the Elyria Police Department. An ambulance was called to an apartment at 820 Rosewood Drive, Sept. 11, after a 911 caller reported Aaviana Payne was reported "very lethargic and bleeding from her mouth," according to Elyria police.

Aaviana was in cardiac arrest when medics arrived and was taken to EMH Elyria Medical Center were she was non-responsive and declared dead after CPR failed to revive her, according to police.

A search warrant was obtained and the apartment was searched by officers so they could photograph and gather any evidence about the cause of death or if foul play was involved, police said. The results from the search are being with for now.

Police said they are interviewing family and identifying people who have had recent contact with the toddler.

Lorain County Coroner Dr. Steven Evans conducted an autopsy, but has not ruled yet on the cause of death.

"It's unusual when a baby dies," Evans said. "When such happens, we perform an autopsy."


http://www.morningjournal.com/general-news/20110913/death-of-2-year-old-under-investigation

Children's services investigated family before 2-year-old died (with 911 recording)

By BILL DELANEY
Posted: 09/14/11, 12:00 AM EDT |


ELYRIA -- Even before 2-year-old Aaviana Payne died Sunday, Lorain County Children Services were investigating her family, spurred by an incident three weeks ago, according to Patti-Jo Burtnett, spokeswoman for Children Services.

A 7-year-old child who also lived at the apartment at 820 Rosewood Drive, Elyria, is now with other family members, Burtnett said.
Police Lt. Andrew Eichenlaub said that they are investigating the toddler's death and that Aaviana had a cast on her leg at the time of her death. He would not give further details and Burtnett would not say whether the incident three weeks ago was connected to her leg injury.

Aaviana died at EMH Elyria Medical Center Sunday, where she was brought after a 911 call placed shortly after midnight reported her being "very lethargic and bleeding from her mouth," according to Elyria police.

Aaviana was in cardiac arrest when medics arrived. She was non-responsive and declared dead after CPR failed to revive her at the hospital, police said.

Lorain County Coroner Dr. Steven Evans conducted an autopsy Monday, but a cause of death is still undetermined. An employee of his office said that the cause of death may not be known until as late as next week.

After Aaviana died, police got a search warrant for the apartment, so they could photograph and gather any evidence about the cause of death or if foul play was involved, police said.

Eichenlaub said they are interviewing family and identifying people who have had recent contact with the toddler, and declined to give further details.


http://www.morningjournal.com/general-news/20110914/childrens-services-investigated-family-before-2-year-old-died-with-911-recording

Boyfriend charged in 2-year-old child's death

By ALLISON STROUSE
Posted: 10/22/11, 12:00 AM EDT |


ELYRIA -- The boyfriend of the mother of 2-year-old Aaviana Payne has been charged with involuntary manslaughter and child endangering by Elyria police in connection with the toddler's Sept. 11 death.

Police said they charged Luis Lopez, 25, after concluding that the injuries to Aaviana were caused by Lopez.

On Sept. 11, LifeCare Ambulance responded to a Rosewood Drive apartment where a relative said the 2-year-old girl was lethargic and bleeding from her mouth, according to Lt. Andy Eichenlaub.

When paramedics arrived, Aaviana was in full cardiac arrest and taken to EMH Elyria Medical Center, where she was pronounced dead after not responding to CPR.

Lorain County Coroner Dr. Steven Evans performed an autopsy and concluded that a blunt force trauma injury to the head contributed to toddler's death.

Elyria police executed a search warrant at the apartment, where the girl lived with her mother, Margot Young, 26; a 7-year-old sister; and Lopez. As police searched the home they photographed and gathered any evidence of the cause of death or foul play, according to Eichenlaub.

Before Aaviana's death, Lorain County Children Services were investigating her family because of an incident that happen in the weeks prior to her death.

Aaviana's leg was in a cast at the time of her death, but Patti-Jo Burtnett, spokeswoman for Children Services, would not say whether her leg injury was the reason for the investigation.

Police are not releasing the specifics on how the injuries were caused to Aaviana because the investigation is still being conducted.

Lopez is being held at Lorain County jail.



http://www.morningjournal.com/general-news/20111022/boyfriend-charged-in-2-year-old-childs-death

Suspect in child's death indicted on more charges

By KATE SNYDER
Posted: 03/29/12, 12:00 AM EDT |



ELYRIA -- An Elyria man already facing murder charges for the death of a 2-year-old girl was indicted on additional charges of murder and involuntary manslaughter by the Lorain County grand jury.

Luis Lopez, 25, was originally indicted for murder, involuntary manslaughter, felonious assault, domestic violence and two counts of child endangering for the Sept. 11 death of 2-year-old Aaviana Payne, the daughter of his girlfriend. The supplemental indictment adds the additional count of murder and involuntary manslaughter for the same case.

He was arrested in October after Elyria police determined he caused the injuries to Aaviana.

Shortly after midnight on Sept. 11, LifeCare ambulance medics responded to an 820 Rosewood Drive, Elyria, apartment where a relative said Aaviana was "very lethargic and bleeding from her mouth," according to Elyria police.

Paramedics found Aaviana in full cardiac arrest and took her to EMH Elyria Medical Center, where she was pronounced dead after CPR failed to revive her.

Lorain County Coroner Dr. Steven Evans ruled a blunt force trauma injury to the head contributed to her death.


In response to an incident that occurred three weeks before Aaviana died, Lorain County Children Services were investigating her family at the time of her death.

A 7-year-old child who also lived at the apartment was placed with other family members, a spokeswoman from Children Services has said.




http://www.morningjournal.com/general-news/20120329/suspect-in-childs-death-indicted-on-more-charges

Doctor: accident possible in 2-year-old's death

By Kaylee Remington, The Morning Journal
Posted: 09/30/13, 11:45 PM EDT |

ELYRIA — Aaviana Payne could have fallen down a flight of stairs or someone could have accidentally dropped her, according to a medical report by Dr. Werner Spitz.

Lorain County Common Pleas Court Judge James Burge in August approved Spitz to review and make a report on the case of two-year-old Aaviana who died Sept. 11, 2011. Luis Lopez, 27, of Elyria was indicted on charges of murder, involuntary manslaughter, felonious assault, endangering children and domestic violence relating to Aaviana’s death, who was his girlfriend’s daughter.

Police arrested Lopez in October 2011 after Elyria investigators suspected he caused the injuries to the child.

Shortly after midnight on Sept. 11, LifeCare ambulance medics responded to 820 Rosewood Drive, Elyria, the apartment where a relative said Aaviana was “very lethargic and bleeding from her mouth,” Elyria police said.

Paramedics found Aaviana in full cardiac arrest and took her to EMH Elyria Medical Center, where doctors pronounced her dead after CPR failed to revive her. Lorain County Coroner Dr. Steven Evans had ruled a blunt force trauma injury to the head contributed to her death.

In response to an incident that occurred three weeks before Aaviana died, Lorain County Children Services were investigating her family at the time of her death, officials said.

According to Spitz’s report, filed by Lopez’s attorney, Kenneth Ortner, on Sept. 11, 2011, there were other causes that could have led to the girl’s death.

When Lopez was baby-sitting the girl, she was upstairs and called him.

She was still in a cast from earlier and had fractures when Lopez went to get her.
On the way down the stairs, he slipped on a step and dropped the child while falling, the report stated.

Lopez asked Aaviana if she was hurt and she indicated that she was OK, the report stated. Lopez then took her upstairs and put her to bed. When the child’s mother, Margot Young, came home, she checked on the toddler and said she was sleeping. Aaviana had continued to sleep and Lopez and Young took turns checking on her. When they decided to watch a DVD with others, Lopez went to get a DVD player from Aaviana’s room and noticed a red powdery substance on her pillow.

Lopez screamed and everyone went to girl’s room where someone then called 911, the report stated.

“Whenever a child is injured and certainly when the child dies, as a result of trauma, most people believe that someone else must be responsible,” Spitz wrote. “This attitude is a rush to judgment but this is far from reasonable medical certainty and even more removed from beyond a reasonable doubt.”

In an earlier incident, which happened on July 25, 2011, Lopez was baby-sitting Aaviana and a friend. The two were jumping on bunk beds when Aaviana fell off the bed and fractured her ankle.

When interviewing Young, she said Aaviana’s leg, around her thigh area, hurt after her ankle was set. When Lopez and Young went to take Aaviana to get her cast replaced because it got wet during a zoo visit, doctors told them Aaviana also had a broken femur.

Aaviana was taken to Rainbow Babies and Children’s Hospital where doctors set her leg.

Spitz wrote the fractures were from a single fall off the bed. But he wrote he can’t rule out that the femur fracture occurred while she was with her father at the zoo.
According to Spitz’s report, a second incident occurred when Aaviana’s feet and parts of her body were burned by grease. She was put into a cast from her waist past her broken ankle to her foot.

“Luis had stated that he was heating grease in a frying pan to make French fries for Margot, who would soon be home from work,” Spitz wrote. “Luis was holding Aaviana in his arms while he cooked. Luis stated that he turned and the child’s cast hit the handle of the skillet which caused the grease in the pan to splatter on him and the child.”

According to the report, Lopez decided he did not need medical attention. The next door neighbor who heard the commotion and Young decided that the girl would be fine with burn cream.

Spitz ruled that the injuries Aaviana received were splash burns and were not caused by immersion.

“Nothing in these injuries suggests immersion,” Spitz wrote.
Lopez’s next pretrial is Oct. 11.


http://www.morningjournal.com/general-news/20130930/doctor-accident-possible-in-2-year-olds-death

This doctor should be ashamed.  He sold his soul to testify to such crap.  How much was he paid?  How much was his soul worth?  Does he have a soul?

What a low life POS.  IMO.

Elyria man sentenced in 2011 death of girlfriend's daughter, 2


By Kaylee Remington, The Morning Journal

Posted: 03/19/14, 12:40 PM EDT | Updated: on 03/19/2014

ELYRIA — Luis Lopez was sentenced to eight years in prison on charges related to the death of his girlfriend’s 2-year-old daughter while he was babysitting the toddler in September 2011.

Lorain County Common Pleas Court Judge Christopher Rothgery imposed the sentence March 19 as part of a plea agreement.

Lopez, 27, of Elyria, had pleaded guilty to involuntary manslaughter, endangering children and domestic violence in the death of Aaviana Payne.

Charges of murder and felonious assault were dropped against Lopez as part of a plea agreement.

Aaviana died Sept. 11, 2011. Police arrested Lopez in October 2011 after Elyria investigators suspected he caused the injuries to the child.

Shortly after midnight, LifeCare ambulance medics responded to 820 Rosewood Drive in Elyria, the apartment where a relative said Aaviana was “very lethargic and bleeding from her mouth,” Elyria police said.

Paramedics found Aaviana in full cardiac arrest and took her to EMH Elyria Medical Center, where doctors pronounced her dead after CPR failed to revive her. Lorain County Coroner Dr. Steven Evans had ruled a blunt force trauma injury to the head contributed to her death.

According to a medical report filed by Dr. Werner Spitz, he wrote that Aaviana could have fallen down a flight of stairs.

When Lopez was baby-sitting the girl, she was upstairs and called him.

She was still in a cast from an earlier incident and had fractures when Lopez went to get her. On the way down the stairs, he slipped on a step and dropped the child while falling, the report stated.

Lopez asked Aaviana if she was hurt and she indicated that she was OK, the report stated. Lopez then took her upstairs and put her to bed. When the child’s mother, Margot Young, came home, she checked on the toddler and said she was sleeping. Aaviana had continued to sleep and Lopez and Young took turns checking on her.

When they decided to watch a DVD with others, Lopez went to get a DVD player from Aaviana’s room and noticed a red powdery substance on her pillow.

Lopez screamed and everyone went to girl’s room and someone then called 911, the report stated.


http://www.morningjournal.com/general-news/20140319/elyria-man-sentenced-in-2011-death-of-girlfriends-daughter-2