Coroner Investigating Banning Boy's Death, Parents Still Behind Bars

The San Bernardino County coroner was investigating the death of a 2-year-old Banning boy who sustained head, spinal and internal injuries before he died last week at Loma Linda University Medical Center, a police sergeant said Monday.

The boy's stepfather, Andrew Lee Payne, 24, and mother, Davia Damanique James, 22, remained locked up Monday at separate jails in Riverside and Banning, where they were each held on $250,000 bail, according to inmate records.

Payne was held on suspicion of wilfull child cruelty causing injury or death, child cruelty causing death, and two counts of marijuana possession.

James was held on suspicion of child neglect and child cruelty causing death.

"We're going to walk the case over to the D.A.," Banning police Sgt. Alex Diaz said Monday afternoon in a phone interview. "The coroner is investigating."

Detectives were still trying to figure out exactly what occurred, but they have not found any evidence the child injured himself, Diaz said.

"We're still trying to figure out what happened," Diaz said. "If you're not guilty say so. But they made statements incriminating themselves. When the story changes four or five times it doesn't add crediblity to what they're saying.

"The child's injuries are not consistent with tripping and falling to injure himself," Diaz said. "He had a fractured skull, internal organ damage, spine compression, and a lung damaged."

The boy was last week in Banning, declared brain-dead Friday in Loma Linda, and he Friday night, Diaz said.

The boy apparently was seriously hurt on Monday Nov. 7, according to police. But they did not learn of the boy's injuries until about 4:15 a.m. Wednesday, when police 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, and then transported Loma Linda University Medical Center, police said.

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