Banning 2-Year-Old Boy Dies, Police to Seek Homicide Charges in Cruelty Case

A Banning 2-year-old who sustained head and body injuries this week that left him in critical condition died Friday night, and charges against his mother and stepfather were upgraded to reflect the boy's death.

"The boy has passed away," Banning police Sgt. Alex Diaz said late Friday. "They pronounced him brain-dead. He has passed away."

Earlier in the day Friday, the boy had been listed in critical condition at Loma Linda University Medical Center, Diaz said.

"Obviously the charge of felony child abuse is out the window now," Diaz said. "The stepfather and the mom could now be charged with homicide. We'll be meeting with the D.A."

The boy's stepfather, Andrew Lee Payne, 24, and mother, Davia Damanique James, 22, remained locked up early Saturday in Banning.

The charges Payne was booked on were listed early Saturday as wilfull child cruelty causing injury or death, child cruelty causing death, and two counts of marijuana possession. His bail was raised to $250,000.

The charges James was booked on were listed as child neglect and child cruelty causing death. Her bail was also raised to $250,000.

The boy apparently was seriously hurt on Monday, according to police.

But police did not learn of the boy's injuries until about 4:15 a.m. Wednesday when they were dispatched to a home in the 1400 block of West Hays Street in Banning.

The boy was taken to the San Gorgonio Memorial Hospital emergency room, where medical personnel determined he'd "sustained significant injuries to the head and body that would require specialized care," police said.

The boy was then transported Loma Linda University Medical Center.

On Thursday, police detectives continued investigating and learned the boy's injuries were possibly caused by his stepfather, Payne.

Detectives also learned the boy's mother, James, failed to seek medical care for her son until almost two days after his injuries were sustained, police said.

Payne was arrested about 5:15 p.m. Thursday at 1435 W. Hays St., and James was arrested about 6:20 p.m. Thursday in Loma Linda, according to inmate records.

Police said the couple were initially booked into county jail for felony child cruelty.

Payne and James have court appearances scheduled Wednesday Nov. 16 in Banning, according to inmate records.

Anyone with more information about the boy's injuries was urged to contact the Banning police Detective Bureau at (951) 849-1194.