THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, July 13, 1996 TAG: 9607130172
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY SUSIE STOUGHTON, STAFF WRITER
DATELINE: SUFFOLK LENGTH: 61 lines
After listening to two days of testimony against her, Tomika S. Weaver on Friday pleaded guilty to a reduced charge of second-degree murder in the beating death last fall of a 2-year-old girl in her care.
Judge Westbrook J. Parker accepted the plea and convicted Weaver, ordering her to jail to await a pre-sentence report Sept. 5. She faces five to 40 years in prison.
Weaver, 20, had been charged with the first-degree murder of Chenelle D. Foreman, who died Sept. 7 after repeated blows caused internal injuries, including a ruptured liver.
The child's body was badly damaged, with bruises, scratches and cuts, a missing front tooth and bleeding in the vaginal area, according to testimony by emergency personnel and Dr. David Cash, who tried for 45 minutes to revive the child at Obici Hospital.
Dr. Leah Bush, the state'sassistant chief medical examiner for the Tidewater district, outlined the child's numerous internal injuries and said they could only have resulted from severe blows by a blunt object such as a hand.
Chenelle's liver had ruptured into two pieces, Bush said.
``It would take a great deal of force to do that,'' she said.
Bush estimated that Chenelle had been dead for three to four hours before she was seen in Obici's emergency room at 2:40 p.m. Fire and rescue personnel had worked on her for nearly an hour before taking her there.
After Assistant Commonwealth's Attorney Jo Anne Spencer wrapped up the prosecution's case just before noon Friday, Judge Parker said he would only consider the lesser charge. The prosecutors would have had to prove premeditation for a conviction of first-degree murder, which carries a maximum sentence of life in prison and a fine of $100,000.
Weaver stood beside her court-appointed lawyers and answered in a strong voice when Parker asked about her plea.
``I believe the evidence against me would have found me guilty,'' she told the judge, who had presided over the two-day bench trial.
Earlier in the week, Weaver had waived her right to a jury trial.
Weaver had baby-sat for Chenelle and her two brothers for six weeks before the child's death. She originally told police that Chenelle had come to her home Sept. 7 with bruises and scratches, that she was drowsy and unresponsive and seemed to have a cold. She said that the child fell and knocked out her front tooth and that she had given her Tylenol with codeine, which had been prescribed for someone else.
Later Weaver admitted to detectives that she had hit Chenelle eight or nine times because she was frustrated after the child soiled her pants.
Parker refused a request by defense attorney Brent Rowlands of Virginia Beach to allow Weaver to remain out of jail until the sentencing so she could make living arrangements for her own 2-year-old daughter.
Weaver had been free on $35,000 bond since Oct. 10, 1995.
``This was a brutal, senseless murder of a 2-year-old child, and this defendant should be locked up,'' Spencer said.
``There's no question that she is guilty of second-degree murder, and it was violent,'' Parker said. ``It goes beyond the tragic death of a child. It is sad for her and for the victim.'' ILLUSTRATION: Tomika S. Weaver faces five to 40 years in prison.
KEYWORDS: MURDER GUILY PLEA by CNB