Banning Couple Charged With Murder Wednesday in 2-Year-Old Boy's Death

The mother and stepfather of a 2-year-old Banning boy who sustained skull, spinal and internal injuries before he died last week were charged with murder Wednesday, and they appeared in court for the first time since their arrests.

The boy's name was Robert Voorhees, Banning police Sgt. Alex Diaz said Wednesday. He was apparently injured in Banning by Andrew Lee Payne, 24, on Nov. 7, and he died Nov. 11 at Loma Linda University Medical Center, according to police.

"He had a fractured skull, internal organ damage, spine compression, and a lung damaged," Diaz said in an interview earlier this week. Police found no evidence the boy tripped, fell or otherwise injured himself, Diaz said.

Robert's mother, Davia Damanique James, 22, failed to report the boy's injuries for nearly two days, according to police. When he was finally hospitalized, his condition was considered critical until he was declared brain-dead, police said.

Police learned of the boy's injuries a week ago today when they were called to a home in the 1400 block of West Hays Street.

In addition to the murder charges against the couple, James was charged Wednesday with child endangerment, and Payne was charged with child abuse causing death, felony possession of the tranquilizer Xanax, and felony forgery of a prescription, Deputy District Attorney Kevin Beecham said outside a courtroom in Riverside.

James and Payne appeared alert and well-rested Wednesday afternoon when they walked into Department 42 in Riverside Superior Court.

James walked in first, bound in cuffs and chains, wearing blue jail togs with a white T-shirt. She sat one row in front of Payne, who entered wearing orange jail togs with a white T-shirt, also bound in cuffs and chains.

There were tearful family members in the courtroom, but James and Payne showed no emotion as they looked over paperwork provided by a defense attorney.

Their arraignment was continued until Nov. 29 in Riverside, and they did not enter pleas on Wednesday.

When Superior Court Judge Richard T. Fields asked James and Payne if they agreed with the terms of their continued arraignment, they each said, "Yes."

One of the defendants will be represented by a public defender, and the other will be represented by a conflicts attorney, Beecham said. Whenever there are two defendants in one case, they cannot both be represented by public defenders.

Inmate records Wednesday showed bail for Payne and James had been increased to $1 million each. Payne was being held at Smith Correctional in Banning and James was being held at Robert Presley Detention in Riverside.

The was investigating Robert's death, according to police.