First Degree Murder (Child Abuse)
WARNER v. STATE
2006 OK CR 40
144 P.3d 838
Case Number: D-2003-829
CHARLES FREDERICK WARNER, Appellant -vs- STATE OF OKLAHOMA, Appellee
O P I N I O N
LUMPKIN, VICE-PRESIDING JUDGE:
¶1 Appellant Charles Frederick Warner was tried by jury and convicted of First Degree Murder (Child Abuse) (Count I) (21 O.S.1991, §§ 701.7 and 843) and First Degree Rape (Count II) (21 O.S.1991, §§ 1111 and 1114), Case No. CF-97-5249, in the District Court of Oklahoma County. In Count I, the jury found the existence of two aggravating circumstances and recommended the punishment of death. In Count II, the jury recommended a sentence of seventy-five (75) years imprisonment. The trial court sentenced accordingly. From this judgment and sentence Appellant has perfected this appeal.
¶2 Appellant was charged and convicted of the first degree rape and murder of 11 month old Adrianna Waller. The victim and her mother, Shonda Waller, lived with Appellant and his two children, six year old Charvon and five year old Vonnita. Two year old Dashja, Appellant’s daughter from another relationship, stayed with them on occasion.
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On August 22, 1997, Appellant left early that morning to pay a traffic fine at city court. He returned home at approximately 10:00 to 10:30 a.m. Ms. Waller prepared lunch for Appellant and the older children and fed the victim baby food. At approximately noon, Ms. Waller left for the grocery store. All four children remained at home with Appellant. At the time Ms. Waller left, the victim was dressed in a jumpsuit. Ms. Waller returned home at approximately 2:00 to 2:30 p.m. She glanced in the master bedroom and saw the victim lying on the bed. The victim appeared to be sleeping. Ms. Waller noticed the victim was dressed only in her diaper. Later that afternoon, Appellant and Ms. Waller decided to take all the children with them to run errands. Ms. Waller intended to get the victim ready but Appellant stopped her and volunteered to retrieve the victim from the bedroom. Appellant returned to the living room holding the victim and saying that she was not breathing. When Appellant handed the victim to Ms. Waller, the victim was limp. Ms. Waller began screaming and told Appellant to take them to the emergency room. Appellant drove Ms. Waller and all the children to the emergency room. On the way, Ms. Waller gave the victim CPR.