Colin RussellJASPER, Tenn. - A Marion County, Tenn., jury of five men and seven women deliberated less than two hours Wednesday afternoon before handing down a guilty verdict in the trial of Christopher E. Russell, the father charged with felony murder and aggravated child abuse in the 2012 death of his 3-month-old son.
Russell was found guilty of the lesser offense of second-degree murder and aggravated child abuse, then placed into custody as his family watched. There were tears on both sides.
Infant Colin Eugene Russell, who would have been 4 years old in March, died June 24, 2012, after he was taken off life support. He was hospitalized June 17, 2012, after he stopped breathing at his home in Sequatchie, Tenn.
A sentencing hearing was set for this fall. Judge Thomas "Rusty" Graham said it was likely the two charges would be merged and the sentences probably would be ordered to be served concurrently.
Russell didn't testify and only one defense witness was called to the stand in the three-day trial before Judge Thomas "Rusty" Graham at the Marion County Justice Center.
In closing statements, Assistant District Attorney Julia Veal talked to jurors about how excited the baby's mother, Leah Collins, was to learn she was pregnant.
Russell, excited at first, began to lose interest, wanting to spend time with his friends, Veal told jurors.
When Colin was born, Veal said, the baby's mother returned to work after nine weeks of leave, which meant Russell would have to care for him in her absence.
The baby's eating problems and frequent "spitting up" continued and he began to have breathing problems, problems that were possibly caused by abuse, Veal said.
Veal pointed to testimony from Collins that after Colin died, Russell seemed uncaring, seeking sex the night they planned the baby's funeral and the next morning.
In the defense closing, Russell's attorney William Bullock told jurors that medical evidence in the case indicated other causes outside of the medical examiner's determination of homicide.
Bullock pointed to testimony from defense witness Dr. Thomas William Young, a forensic pathologist hired by Russell.
Bullock said Young showed that many of the baby's medical problems, including the hemorrhaging in the backs of his eyes, bleeding throughout the brain and his broken ribs and clavicle, were the result of a lack of oxygen and improper nutrition before he was born.
Bullock said medical officials treating Colin and performing the forensic examination were mistaken in their interpretation of the baby's injuries and that no one saw anyone hurt the baby. He said investigators and medical officials jumped to conclusions before they had all the information.
In the state's second closing statement - prosecutors, with the burden of proof, make the first and last presentation to the jury in closing statements - Assistant District Attorney Steve Strain attacked Young's credibility, pointing to three instances in which judges deemed the doctor not credible.
Strain said medical evidence was clear that Colin died of homicide and that he had been abused, shaken and squeezed.
Strain pointed to testimony from a state inmate who spent time in a Marion County jail cell with Russell. Inmate Jerry "Little Man" Layne testified Tuesday that Russell confessed details of the baby's death to him, admitting to killing Colin by shaking him and throwing him onto a mattress.
After the verdict was read, family members sitting on the prosecution side of the gallery were allowed to leave first, followed by Russell's family.
There will be an appeal, the defense team said.
"We think we have reversible grounds for appeal," Bullock said after the verdict.
Russell was taken from the courtroom into a secure hallway and transferred to the jail facility downstairs.
Contact staff writer Ben Benton at bbenton@times freepress.com or 423-757-6569.