ELIJAH HARRIS -23 Months (2009) - Waco TX

A 29-year-old Waco man, who allegedly threw his girlfriend’s toddler
son against a wall in frustration, was indicted Wednesday on capital
murder charges. A McLennan County grand jury indicted Derrick Demond Nicholes in a
Dec. 2 incident that led to the death of 23-month-old Elijah Harris
four days later.


According to reports filed in the case, Nicholes was caring
for his 4-year-old son and the victim.Nicholes reportedly
became frustrated when Elijah would not stop
crying after choking on a slice of pizza. So Nicholes shook the toddler
and threw him into a playpen, where he fell back and struck his head on
a metal wall electrical outlet, police reports said.
Nicholes told police that Elijah’s eyes rolled back in his head and
he began struggling to breathe, according to an arrest warrant
affidavit.
Nicholes waited about 15 minutes before calling paramedics,
who found the boy unconscious, police reports state.
The boy suffered a brain injury and died four days later.
Nicholes’ son was returned to his mother, officials said. Nicholes
remains in the McLennan County Jail in lieu of bonds totaling $575,000.
Prosecutor Mark Parker said the district attorney’s office has not
determined if it will seek the death penalty if Nicholes is convicted.
If it does not and Nicholes is convicted of capital murder, he faces an
automatic life sentence with no hope for parole.

Local Man Pleads Guilty To Killing Fiancée’s Infant Son

A Waco man who was originally charged with capital murder in the death of his fiancée’s infant son was sentenced to prison Thursday after pleading guilty to a lesser charge.

WACO (March 24, 2011)--Derrick Demond Nicholes, 30, was sentenced to 40 years in prison Thursday after he pleaded guilty in state district court in Waco to injury to a child with a deadly weapon in the 2009 death of his fiancée’s 1-year-old son.

Nicholes was originally charged with capital murder and murder in the infant’s death, but on Wednesday, the McLennan County Grand Jury re-indicted him on the lesser charge to which he pleaded guilty Thursday in a plea agreement with prosecutors, who recommended the 40-year-sentence.

Nicholes will be eligible for parole after serving 20 years.

Elijah Harris was killed just a week before his second birthday.

According to the affidavit submitted for an arrest warrant, Nicholes told investigators he shook the toddler and then threw him into his playpen because he wouldn't stop crying after choking on a piece of pizza.

The toddler's head struck a metal wall outlet that protruded two to three inches from a wall, the affidavit said.

http://www.kwtx.com/home/headlines/Local_Man_Pleads_Guilty_To_Killing_Fiancees_Infant_Son_118598609.html