On direct appeal, the Ohio Supreme Court recited these facts:
On January 18, 1993, Sheila Marie Evans, age three, died as a result of cardiovascular collapse due to, inter alia, severe, blunt force trauma to her abdomen. At the time, Sheila’s mother, Fae Evans, was dating and occasionally cohabiting with [Phillips]. In addition to Sheila, Evans had two other children, Sara, twenty-nine months old, and Ronald, Jr., [Phillips’s] infant son.
Shortly after 10:00 a.m. on the morning of January 18, 1993, Fae Evans took Ronald, Jr. to see the family physician for a routine physical examination. [Phillips] remained at Evans’s apartment to care for Sheila and Sara. Evans returned to the apartment at approximately 11:25 a.m. and found [Phillips] sitting in the kitchen. Soon thereafter, Evans called out to her daughters, but they failed either to respond or to appear. [Phillips] walked into the girls’ bedroom and found Sheila lying on her bed motionless, pale and cold. He then lifted Sheila and carried her downstairs to his grandmother’s apartment. Hazel Phillips, [Phillips]’s grandmother, telephoned the 911 emergency operator, reported that Sheila was not breathing, and relayed instructions on performing cardiopulmonary resuscitation to [Phillips]. [Phillips] in turn attempted to revive Sheila until medical assistance arrived.
Paramedics from the city of Akron responded to the 911 call within four minutes of being dispatched and immediately transported Sheila to Children’s Hospital in Akron. Upon her arrival at the emergency room, Sheila was not breathing and had no pulse. The first physician to examine Sheila, Dr. Eugene Izsak, noted that she had multiple bruises on her torso, a distended stomach, apparent internal abdominal injuries, and a stretched anus with some acute, recent changes. Dr. Izsak’s medical team continued cardiopulmonary resuscitation and was eventually able to obtain a pulse. Sheila was transported to the operating room after spending approximately one hour in the emergency room. Dr. Robert Klein performed emergency abdominal surgery, which revealed that Sheila’s abdominal cavity was filled with a significant amount of free air and blood, and that a portion of her intestine, the duodenum, was perforated and gangrenous. Dr. Klein removed the dead portion of the intestine, and attempted to control the internal bleeding. Based upon his observations, Dr. Klein determined that the injury to the duodenum had been inflicted at least two days prior to Sheila’s admission into the hospital. Despite the significant medical efforts performed at Children’s Hospital, Sheila died later that day.
Judge(s): Cole, McKeague, and Siler
Jurisdiction: U.S. Court of Appeals, Sixth Circuit
Related Categories: Criminal Justice
|Circuit Court Judge(s)|
|Guy Cole, Jr.|
|Eugene Siler, Jr.|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|Sarah Hadacek||Office of the Ohio Attorney General|
|Adam Van Ho||Office of the Ohio Attorney General|
|Petitioner Lawyer(s)||Petitioner Law Firm(s)|
|Timothy Sweeney||Law Office of Timothy Farrell Sweeney|
|Ruth Tkacz||Office of the Ohio Public Defender|