State v. Ducker

1999 WL 160981, affirmed State v. Ducker, 27 S.W.3d 889 (Tenn. 2000)

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Nature of the Case

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Facts

Thirteen-month-old Dustin and twenty-three-month-old Devin were the children of twenty-year-old Ducker (D). D took the children to the home of her boyfriend. She was estranged from her husband. Sometime later that night she left her boyfriend's home. Around 3:30 a.m., Officer Dalton, observed a white vehicle with dark tinted windows traveling in the northbound lane. The white vehicle pulled into the Pioneer Service Station, made a U-turn, and headed southbound toward town. Because of the time of night, Officer Dalton followed the vehicle. The vehicle pulled into a driveway in a residential area. The residence was later determined to be a vacant house owned by D's grandmother. D got out of her vehicle and began waving something at Officer Dalton. Dalton parked his patrol car and was confronted by D. She asked him if he had stopped her because of her tinted windows. The appellant explained that she had been cited earlier for tinted windows and speeding. After discussing the appellant’s particular concerns about these violations, Officer Dalton asked her what she was doing out so late at night. D answered that she and her boyfriend were having problems. D did not appear intoxicated and spoke “intelligently.” Officer Dalton testified that he could not see whether other persons were in D’s vehicle due to the tinted windows. At approximately 3:45 a.m., D arrived at Room 222 of the Holiday Inn in McMinnville. This was the temporary residence of Micah Majors, another boyfriend of D. With the children securely strapped in their car seats, D closed the windows and locked the doors. Brad Pepper, Matt Holder, and Buddy Majors were already in the room with Micah when the appellant arrived. D never mentioned that her children were in her car or that she needed to check on the children. Pepper, Holder, and Buddy Majors left Micah’s room around 5:00 a.m. The appellant followed the three men to the parking lot but never checked on her children. As they were pulling out of the parking lot, Pepper noticed that the D was already back on the second-floor balcony near Micah’s room. When the others left his room, Micah had changed into boxer shorts and gotten into bed. D knocked on his door, and he let her back in the room. Micah testified that he was trying to go to sleep, but the appellant sat next to him on the bed trying to talk to him about a “commitment” in their relationship. Micah then fell asleep. When his alarm went off the next afternoon around twelve or one o’clock, D was still there. At 1:03 p.m., D arrived at the emergency room of the River Park Hospital in McMinnville. While she was attempting to get one child out of the car, David Smith, a bystander, heard her say, “Somebody help me. My babies have been in the car for four hours.” He responded to her plea for assistance. When he reached the appellant, he observed that the child she was carrying appeared lifeless. The appellant told Smith that she had been shopping. Susan Smith, David Smith’s wife, tried to comfort the appellant, who was not crying at that time. The appellant informed Lois Argo, a nurse’s assistant, that she thought that the child was dehydrated. Geraldine Fults, a registered nurse, noticed that both children were not exhibiting any signs of life. D told Fults that the children had been left in a car for three hours with the windows closed. Although D appeared distraught, when posed a question by Gwyn, the appellant would reflect upon her answer before responding. During the interview, Agent Gwyn noticed the odor of alcohol on D. He requested that a sample of her blood be taken. The appellant agreed to the sample as long as only one tube of blood was taken and as long as she was only “stuck” one time. These conditions were complied with and the blood sample was drawn at 2:00 p.m. The subsequent search of the vehicle, conducted several days after the incident, revealed three baby bottles on the back floorboard and a 750-milliliter bottle of Crown Royal Blended Canadian Whiskey, which was approximately one-third full, under the driver’s seat. D’s blood alcohol content at 2:00 p.m. on June 6, 1995, was “.06 percent.” The autopsies performed by Dr. Harlan revealed that the two young boys died of systemic hyperthermia, a condition where the entire body is overheated and unable to cool itself, as a result of being locked in the appellant’s vehicle. Based upon established studies of ambient temperatures, Dr. Harlan testified that the temperature in the vehicle was approximately 120 degrees at noon on June 6, 1995. The jury returned guilty verdicts as to two counts of aggravated child abuse.