KAYLAN BROUMLEY - 3 yo - Nacogdoches TX

A Nacogdoches man faces a
capital murder charge in connection with the February death of a
3-year-old girl, after a local grand jury handed up an indictment for
the man Friday.
Anthony Tyrone Roberts, 37, was arrested in February in connection
with Kaylan Broumley's death. He was also indicted in April on one
count of injury to a child.
When the girl's mother, Joy Simmons, 22, brought Kaylan to Memorial
Hospital in February, she told hospital employees that the girl had
fallen off a horse. According to a Child Protective Service affidavit,
Kaylan received treatment for a brain injury, burns on both her feet
and bruises on her face, neck, ribs, back, and legs. An autopsy found
that the child died from a severe brain injury.
Simmons recanted her story and told police she left Kaylan in
Roberts' care. Roberts said he shook the child and held his hands over
her mouth to keep her from crying, according to his arrest affidavit.
The Texas Attorney General's office will assist with Roberts'
prosecution. According to earlier reports, this will be only the second
time in 15 years the state prosecutors will handle a capital murder
prosecution in Nacogdoches.
Capital murder is punishable by a minimum of life in prison and a maximum of the death sentence.

Roberts accepts plea deal


Posted: Thursday, July 22, 2010 2:00 am

Keith Lansdale | 0 comments

Anthony Tyrone Roberts entered a guilty plea and accepted a plea deal of 12 years in prison Wednesday in connection with the death of a toddler in his care last year.

Three-year-old Kaylan Broumley died in a Shreveport, La., hospital from head trauma and injuries sustained from an apparent beating, according to previous reports. Roberts was charged with and eventually indicted for injury to a child and capital murder.

Initially, when the girl's mother, Joy Simmons, 22, brought Kaylan to Memorial Hospital in February 2009, she told hospital employees that the girl had fallen off a horse. According to a Child Protective Service affidavit, Kaylan received treatment for a brain injury, burns on both her feet and bruises on her face, neck, ribs, back, and legs. An autopsy found that the child died from a severe brain injury. Simmons recanted her story and told police she left Kaylan in Roberts' care. Roberts said he shook the child and held his hands over her mouth to keep her from crying, according to his arrest affidavit.

Injury to a child is punishable by five to 99 years in prison, and capital murder carries a penalty of either life in prison or the death sentence.

In Wednesday's court proceedings, Roberts' lawyer, John Heath Jr., reiterated to Roberts that he had previously told him that the state was not seeking the death penalty, but if the case was to go to trial, there is no range of punishment for capital murder, and even if he did not receive the death penalty he could be sentenced to life in prison.

An agreed plea bargain means Roberts should be prepared to serve all 12 years.

"You would not even be eligible for consideration for parole until you have completed six calender years, which is 50 percent of the 12-year sentence," Heath told his client. "In fact, I've told you that if you sign up to do 12, expect to do all 12, and if you get out a day early, consider that a gift."

The plea was accepted by Brenda Cantu with the Attorney General's office, which was asked to prosecute the case.

"The AG's Office agreed to come to Nacogdoches County and prosecute Anthony Roberts at the request of the District Attorney's Office so as to avoid any potential conflicts stemming from my professional relationships with various parties involved when I was in private practice," District Attorney Nicole LoStrocco said.

Following the acceptance of the deal, Rocky Brumley, the father of Kaylan, took the stand. After taking his seat in the witness box, he slowly and deliberately pulled out a sheet of paper and unfolded it several times before he sat in silence for several seconds.

"I've been trying to write something for a year to say to you today," Brumley said. "There's not enough words to tell you how bad it hurts and to know that my little girl is not going to be there for me - and to know I'm not going to be there for her.

"The sick feeling you get when something bad's happened and you can't do anything about it ... my heart feels like it's going to stop.

"Everyone has something they feel like they can't live without, and for me that was Kaylan. Now I have to, and no one should have to outlive their babies.

"There's nothing we can do about it but let strangers come up with a punishment. I hope they had babies of their own to put themselves in my shoes and my kid's shoes, and their grandparent's shoes - but it doesn't look like that today."

While on the stand, Brumley mostly looked forward but did not focus on any specific thing until he looked right at Roberts for his final statement.

"I don't wish this on you, or your mom," he said. "I can't believe I have to sit here and breath the same air you breath."

Following the trial, Heath said no one is happy about the death of a child or someone going to the penitentiary.

"Anthony is sad about the child's death, but he's glad to get this chapter behind him," Heath said.

Heath also mentioned that while Roberts will be going to prison for his part in the death of Kaylan, the investigation into her death is still ongoing.
http://dailysentinel.com/news/article_22abac5e-9533-11df-ab2e-001cc4c002e0.html