Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, December 18, 1994 TAG: 9412190009
SECTION: VIRGINIA PAGE: A1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Long
A Roanoke woman charged with drowning her 7-month-old son in a bathtub had recently regained custody of the infant, who was removed from her home in April after a judge determined she was an unfit parent.
Darius Akeem Ayton was just 22 days old when he was admitted to Community Hospital of Roanoke Valley on April 18 with a temperature of 100 degrees and suffering from dehydration, according to court records.
His mother, 22-year-old Simone Ann Ayton, told social workers at the time that her son would not eat because he did not like her. An affidavit filed by a social worker also noted that Ayton "has expressed that she gets angry when the child cries, and that she does not know what she will do."
A judge issued an emergency removal order April 25, ruling that Ayton - who is physically and mentally handicapped - was "emotionally unable to care for the child." Custody was awarded to the Department of Social Services, and Darius later was placed in foster care.
Ayton had been ambivalent about being a mother ever since she learned she was pregnant, court records say, but she decided that she wanted Darius back.
She sought in court to regain custody of her son, agreed to enroll in parenting classes and to continue psychiatric counseling, and talked almost daily to friends about how much she missed her baby. On Sept.12, Juvenile and Domestic Relations Judge Joseph Clarke allowed Darius to return home with his mother.
Less than two months later, Darius was dead.
No one has suggested that Clarke should not have granted custody to Ayton, based on the information he had before him at the time. In fact, the judge followed the recommendation of social services workers, who reported in September that Ayton "was ready and capable of caring for her son."
Still, the case illustrates the risks inherent in a system that tries to protect children from harm while, at the same time, attempting to reunite families whenever possible.
"The aim is to try to make the home a better place, and for the child to return there safely," said Judy Brown, supervisor of Child Protective Services, a division of the Roanoke Department of Social Services.
Onzlee Ware, a Roanoke lawyer who represented Ayton in her efforts to regain custody, said there was no indication in September that Ayton was a threat to her child.
"I've seen far less capable parents have their children returned to them and everything was fine," Ware said.
"I think, to second-guess this case, just because a tragedy happened, would be unfair to the court and to the social workers," he said, "because you have to look at all the other cases that were successful."
\ On the night of Nov. 1, emergency dispatchers received a 911 call from Ayton's apartment on Ferncliff Avenue in Northwest Roanoke, where she lived alone with her son.
Ayton told authorities that she had been bathing her son when he slipped from her arms and fell into the water. It was an accident, Ayton said, and she was unable to get him out of the tub immediately. After she finally got him out, Ayton said, she carried him to a bedroom and tried to revive him for about 15 minutes before calling for help.
In an interview later with a detective from the Roanoke Police Department's Youth Bureau, Ayton confessed to killing Darius, according to sources close to the investigation.
Saying she was frustrated with the child's crying and repeating her earlier concerns that he did not like her, Ayton reportedly said she held him under the water until he stopped struggling. Pressed for details on how long that took, she responded: "Longer than a commercial."
A grand jury in Roanoke Circuit Court indicted Ayton this month on a charge of murder. If convicted of first-degree murder, she could face up to life in prison.
The case may not be as clear-cut as the black-and-white wording of the indictment.
Ayton's mental condition at the time of offense, and when she gave the statement to police, could become a factor. And the fact that she suffers from cerebral palsy that has left her right hand shriveled and useless makes some people believe the drowning was an accident.
"Kids squirm - I know because I have one - and for a handicapped person who can't hold onto things, a child can slip and fall," said one of Ayton's friends, who asked not to be identified.
"She was a good mother," the friend said. "She loved her child and she took care of him, and she worried about him."
According to court records, Ayton has a history of mental illness, is mildly mentally retarded and suffers from manic depression, which causes wide mood swings and violent outbursts.
The fact that Ayton is mildly mentally retarded may be used to question whether her statement to police was made voluntarily. Assistant Public Defender John Varney, who has been appointed to represent Ayton, declined to comment specifically about the case. But hypothetically, he said, a statement given by someone with mental problems might be subject to a court challenge.
In the months before the killing, Ayton had been seeing a psychiatrist and receiving counseling from Blue Ridge Community Services.
Since turning herself in on the murder charge, Ayton has been held in the Roanoke City Jail in lieu of a $10,000 bond. She did not respond to a request for an interview.
Varney said Ayton is holding up "as well as can be expected, for someone who has never been in jail for anything for her entire life."
\ Court records and interviews with friends and neighbors depict Ayton as a woman who fought to get her son when he was taken away from her, but seemed frustrated and overwhelmed when she had him back.
It was a battle that she waged alone.
The address of Darius' father is listed as "unknown" in court records. According to Ayton's friend, the man denied he was the child's father when Ayton told him she was pregnant, then left town and dropped out of her life.
"I don't think she even knew where the father was, and that added to her stress," Ware said.
Family support was no better. According to court records, Ayton's father had her charged with property damage in 1991. He later agreed to drop the charge on the condition that Ayton not return to live with the family.
"Sadly, Ms. Ayton's family is unwilling or unable to be of any assistance," a social worker later wrote in a report during the custody dispute.
Faced with the prospect of raising a child under those circumstances, Ayton had some doubts about becoming a mother.
"During her pregnancy, Ms. Ayton had some problems with depression and uncertainty about continuing the pregnancy or opting for adoption," a counselor from Blue Ridge Community Services wrote in a report filed in Juvenile and Domestic Relations Court.
At one point, Ayton agreed to give up her unborn baby for adoption, but changed her mind in the several hours it took to draw up the papers and refused to sign them.
"This uncertainty continued after the baby was born, although Ms. Ayton would always return to the decision to keep the child," her counselor wrote.
With no support from the child's father, Ayton depended on a few friends to help during her pregnancy and later as she cared for her baby. But she kept her distance from most people, as evidenced by two handwritten signs taped to her apartment door.
"Please do not knock on my door unless I know you," Ayton warned in one note. "If you are not family member or friend, you are not welcome," another read.
Carlos Harvey, a neighbor, said Ayton seemed to have problems taking care of Darius from the day she brought him home.
"It seemed like he just wasn't comfortable around her," he said. "She used to yell at him all the time and tell him to shut up.
"I guess she got frustrated and lost her temper."
\ On April 18, when Darius was 22 days old, he was admitted to Community Hospital for what court records called "failure to thrive." He was underweight and dehydrated, according to hospital records. Ayton explained that the baby had not been eating because he did not like her.
By the time Darius was ready to be released from the hospital April 25, social services workers were worried about returning him to Ayton's care.
"As case manager, I have become increasingly concerned with the safety and welfare of the baby due to statements Simone has made and due to her past behavior," a counselor wrote. "It is my professional opinion there is a very real potential for risk to the baby if he remains in the home at this point."
After a judge awarded legal custody to the Department of Social Services, Darius was placed in foster care. Almost immediately, Ayton sought to regain custody.
She agreed to undergo counseling and was allowed to visit her son occasionally, but she became frustrated when Darius was not returned to her right away.
Ayton's psychiatrist noted in a report to the court that she "initially came across as a somewhat angry and upset mother who wanted her child back, and felt that we had all the powers to give her child back to her."
Later, the report said, Ayton agreed to take medication and follow other instructions from Judge Clarke, who was monitoring the case.
"Ms. Ayton really does want to be a mother to her child, and at the same time acknowledges her limits," a social worker wrote in a May 23 report updating the case.
The report stated that Ayton "has been very cooperative with this agency" - visiting her son regularly and showing "a lot of love and concern."
Nevertheless, Clarke decided in May not to grant complete custody to Ayton, but to extend her visitation rights with the child while social workers continued to track her progress.
According to a notation on court records, Ayton was upset by the decision and refused to sign papers as she left the courtroom. "Just put the child in foster care," she reportedly said.
Over the summer, though, Ayton made progress with the social workers who were watching her case. She was allowed to take Darius home for several overnight visits. Social workers who dropped by the apartment unannounced found the home clean and well-furnished, and Darius appropriately dressed and cared for.
A report also noted that Ayton "has support from parents and friends, which she did not have initially."
Three days before Ayton was granted full legal custody of her son, a social services worker wrote in a letter to Clarke that "I am pleased to report that Ms. Ayton has made great progress in caring for her son."
"It is the recommendation of this worker that the custody of Darius Akeem Ayton be granted to his mother, Simone Ann Ayton."
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