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Trial Delayed a Week for Pair Accused of Killing Child

Jury selection scheduled for Sept. 10 in trial of Banning couple accused of killing woman's 2-year-old son.

Jury selection is scheduled to get under way on Sept. 10 for the trial of a Banning couple accused in the beating death of the woman's 2-year-old son.

Andrew Lee Payne, 24, could face 25 years to life in prison and Davia Damanique James, 23, could face 15 years to life behind bars if convicted in the death of the youngster, identified in court documents as John Doe.

The child died from severe head trauma on Nov. 11.

Trial proceedings were slated to begin Tuesday, but to give both the prosecution and defense time to locate witnesses and iron out scheduling issues, Riverside County Superior Court Judge Michele Levine deferred the matter a week, when pretrial motions will be heard. Jury selection is expected to get under way the following day. Levine blocked off 12 days total for the trial.

Each defendant is being held in lieu of $1 million bail -- Payne at the Smith Correctional Facility in Banning, James at the Robert Presley Jail in Riverside.

Payne is charged with second-degree murder, assault on a child resulting in great bodily injury, falsifying a prescription and possession of illegal drugs. James is charged with second-degree murder and child endangerment.

According to Banning police, officers were sent to the defendants' single-story house at 1435 W. Hays St. two days before the boy's death to investigate a report of an injured child. Deputy District Attorney Kevin Beecham told City News Service that investigators learned from doctors that the 2-year-old had suffered a compressed spine, punctured lung and other internal and external injuries.

The prosecutor said there was also brain hemorrhaging from a blow to the toddler's head. Most of the injuries appear to have been inflicted while James was shopping and Payne was supposed to be watching the boy, according to investigators.

Beecham said the child remained in the residence, drifting in and out of consciousness for two days before James requested an ambulance.

The tot died that week in the pediatric intensive care unit at Loma Linda University Medical Center.

Mariana Zuelsdorf September 05, 2012 at 10:17 AM
Oh how very sad. I know that parents can reach a boiling point, but go outside and cool down. I can't imagine the pain that little boy went through...and at the hands of someone for whom the child must have cared. Poor baby, rest in peace. You are safe now.
Joe Public September 05, 2012 at 03:46 PM
Don't feel sorry for anyone except the child. Those two people are EVIL and should be tourchered daily for the rest of their lives. I have two kids around that age and no matter how mad or strung out on drugs they probobly were you Do Not hurt a child, if this story went country wide there would be grandmother and anyone with kids lining up to get their hits in. Time for an old fashioned lynching, don't beat around the bush these sick in the head waste of our oxygen to breath on this earth scum deserve the worst, please don't anyone flag this as inappropriate because I think I'm being nice, ask anyone with kids. Thank You. R.I.P. Baby.
Linda Moore September 05, 2012 at 06:44 PM
Don't judge until you know all the facts. By the way, the correct spelling is "tortured," which if done along with your prescribed lynching, would make you just as bad as the ONE person who was responsible for murdering this child (Andrew).
Julie Marcellus September 05, 2012 at 09:47 PM
Are you a mother Linda?? Because if I came home and saw my baby in that condition I wouldn't have waited around for 2 days until he was unconscious to get him help. And there wouldn't be a lynching to worry about because I would've buried the boyfriend in the backyard...
ATC September 05, 2012 at 09:48 PM
There are enough facts already known to make a pretty reasonable judgement: "compressed spine, punctured lung and other internal and external injuries... there was also brain hemorrhaging from a blow to the toddler's head." and "the child remained in the residence, drifting in and out of consciousness for two days before James requested an ambulance" They both should rot in Hell. Payne for inflicting the injuries, and James for not seeking medical attention. Any mother who would do nothing while their obviously injured child drifted in & out of consciousness for two days desrves nothing less. What makes me mad is the fact that they are only looking at 25 yrs & 15 yrs respectively, for savagely beating a child to death and for letting that child suffer for days.
ND82 September 05, 2012 at 10:06 PM
Eye for an eye, they should both be taken out back and executed.
Mariana Zuelsdorf September 05, 2012 at 11:57 PM
Another slap on the wrist for violent child abuse, neglect, and ultimately, killing. Is this another dumb plea bargain?
Linda Moore September 06, 2012 at 12:44 AM
Julie, I am a former Social Worker, and I've seen cases similar to this before. This mother's reaction (or lack thereof) is typical of women suffering from Battered Spouse Syndrome. I agree that the boyfriend should be prosecuted within the full length of the law; however, on the other hand, the mother deserves compassion and treatment, not condemnation and punishment. Also, I know the maternal grandmother, and know some facts of this case that you are not aware of.
Linda Moore September 06, 2012 at 12:47 AM
Gary, See my comments to Julie.
Linda Moore September 06, 2012 at 12:58 AM
An eye for an eye just leaves everyone blind.
Kayla September 06, 2012 at 02:00 PM
That's probably why your "former".
ATC September 06, 2012 at 02:18 PM
No, it only leaves the perpetrators blind.
ATC September 06, 2012 at 02:26 PM
Was the mother physically chained down and gagged? Then the BSS excuse is BS, Linda. IMO, that's nothing more than a convenient justification for letting a child suffer and die. And also IMO, yours is exactly the attitude that leads to more of the same. Why don't you explain to the child why the one person that he should have been able to count on for love & protection, his mother, let him suffer and die while she watched. Oh, that's right, you can't explain it to him...HE'S DEAD. And there are no add'l facts that can change that reality. They should both be jailed for many, many years. And they should both be sterilized, so that IF they ever get out, they can never produce another child and torture & kill that child again.
cat September 09, 2012 at 06:24 AM
I am a mother of 6 and have never lost my temper and hurt my children....regardless of her maybe being abused herself as a mom you have an instinct to always protect, love and nurture your children. It is completely out of my grasp of thinking how she could allow that to happen. I pray that they find help and I pray for the little one who now watches over us...I will give my children extra kisses and hugs tonight as Im thinking of that little angel
Simplicity September 09, 2012 at 01:28 PM
No one knows what truly happened. I know Andrew personally and he would never do anything like this. He was always out partying and never home. I wouldnt be surprised if the Mom lost it because she was always home and was pregnant. Her hormones could have took over. These injures couldnt have happened in just that amount of time, this happend over a period of time. When a mom takes 3 days to take her son to the hospital, that means she must feel guilty about something she did. Stop faulting Andrew, because no one was there to know the truth!
ATC September 09, 2012 at 03:41 PM
Simplicity, you're wrong. All of those injuries could esily have happened in just a short period of time. So you know Andrew personally. So what. Were you there? Obviously there is significant evidence that he was involved, or he would not have been arrested and charged. And the mom is not the only one who waited 3 days to take the child to the hospital. Andrew also waited. Hopefully, the trial will reveal who actually savagely beat the kid, but they are both guilty for not seeking medical attention for him and thereby letting him suffer and die.
Ja'net Voorhees September 11, 2012 at 08:26 PM
the victim in this case was my nephew Robert Voorhees and he was only 2 yrs old. his birthday just passed this july and he would have been 3 yrs old. robert's father had to get news of his only baby being in ICU over the phone. just to get there and find out he was brain dead, he had to pull the plug on his son. does anyone know what it feels like to go to a funeral for a 2 yr old baby? his casket was so small that they had to put it on top of a fold up table, and it makes me sick to my stomach that people are actually on here defending this asshole and that ditzy bitch. a couple months back myself, my husband(child's uncle), another uncle and my brother-in-law(child's father) went to an arraignment down at the court in riverside. do you know this smug son of a bitch sat there with a smirk on his face while he looked at my brother-in-law. he sitting up there with an orange jumpsuit and shackles on his ankles, and has the audacity to stare at the child's father with a smirk on his face...as to say yea i did that. i couldnt believe that was actually going on right in front of my face...in the court room. from that moment on i knew what type of person he was...his trail is happening right now and her's starts tomorrow and will proceed for 12 days. i pray that i can get down there so i can hear them say GUILTY!!! i wanna see the smirk on his bitch ass face then...
Linda Moore September 11, 2012 at 11:15 PM
Kayla, first of all, your comment is a perfect example of why one should get all the facts before jumping to the wrong conclusion. Secondly, personal attacks are only used by those who have nothing substantive to add to a conversation.
Linda Moore September 12, 2012 at 05:12 PM
Cat, I can understand how it is "completely beyond your grasp of thinking" how an abused mom could allow her children to be abused if you have never experienced it yourself. I personally experienced such as a child, and was for a long time angry at my own mother for allowing it to happen. Luckily, as far as I know, none of my siblings died from the abuse. (I say that because before I was born, my mother had experienced some "miscarriages," and I now suspect that it could have been because of my father's abuse.) It wasn't until I became a social worker myself that I understood that my mother was also a victim herself, and was rendered incapable of making the correct decisions to protect her children. Sure, she wasn't physically tied or gagged, as someone else suggested, but she was mentally and financially tied and gagged, which are just as incapacitating, if not more so. I have forgiven both of them, but it took many years of therapy to be able to. This is why I can empathize with the mother. That is why I don't judge her as harshly as everyone else seems to want to.
whitney September 26, 2012 at 08:21 PM
He (Andrew) Never denied hitting Robert and before the trial took place he attempted to take a deal for admitting he violently abused him over the course of his relationship with davia...... and knowing him personally, just as i did , you know he should not have had any part in playing daddy or becoming one like you said party all the time, broke, lazy and violent. they acted together nevertheless
Beaumont634 September 26, 2012 at 11:54 PM
I hope they both rot in hell for what they did to that baby!
Washy September 27, 2012 at 12:36 AM
OH BS to the "social worker" Batter smattered woman.....IT IS HER RESPONSIBLITY TO PROTECT HER KIDS.......If we are going to let women off that easy who is going to protect the kids of the moms who cannot be without a man.
Mariana Zuelsdorf September 29, 2012 at 05:56 PM
I think the jurors will have a lot of compassion...for Robert. Facts? The fact is that the baby was beaten to death and lay on the floor, for 2 days, dying. Something smells. Even if the mother thought he was just tired, what about food? Didn't she care if Robert ate? What about changing diapers? Linda, if you knew that there was a potential problem, why didn't YOU call CPS? Abuse often transfers from the spouse to the child, and with your personal knowledge of abuse, that might have saved Robert's life. Perhaps you should look at the photos of Robert after the beating, and then tell us whether you feel compassion for his mother.
Washy September 29, 2012 at 06:33 PM
A woman (all women) needs to be responsible for their actions (OR THERE LACK OF) This baby had his shots, well checks and this mom had taken her child to the Dr before the ONLY reason she didn't was to protect a pig of a man because she didn't want to be alone. I hope she gets the full 15 with out parole.......She deserves worse then that. She brought the pig of a man into her life. I had a man hit me once...he went to jail....I never let a man hit my children or I would have gone to prison. Weak ass bitches ought not have kids. And I put quotes around "social worker" Because all you need is a HS diploma (or GED) to do what you do, so don't act like you have a PHD in head shrinking. FACT bitch left her defenseless baby with a man who had been abusive to her (NO MORE FACTS NEEDED)
Sarah B October 03, 2012 at 10:54 PM
GUILTY!!
Linda Moore October 22, 2012 at 03:45 PM
Washy, you're confusing your opinions with facts, which are two totally different things; and opinions are just like anuses in that everyone has one, but that doesn't make yours right or mine wrong or vice versa, and it doesn't take a PhD to know the difference, so I don't need to "act like" I have one. But that's my opinion. Mariana, you have wrongly assumed that I was aware of problems in that family when I only became aware of this case after meeting the maternal grandmother in my women's Bible Study group after the fact. Also, where is it written that my compassion has to be only one-way? In other words, why is it that if I show compassion for the mother that means I can't possibly have any left for Robert? Please explain, because I don't understand.
Mariana Zuelsdorf October 22, 2012 at 08:24 PM
Linda, if I misjudged you, I'm sorry, but you did rather sound like you know the family personally. Regardless of whether the mother was abused, she was neglectful in not checking Robert and was, in part, responsible for his death. Considering Robert's injuries, he might not have survived one way or another, but that's not the point. It breaks my heart to think of what he went through for two days while he lay on the floor. No food, no water, and most likely, dirty diapers. I can only hope that he was unconscious the entire time and didn't hear his mother's voice as he lay dying. His mother is an adult, capable of protecting herself. Robert had no one, and yet you believe I should feel compassion for his mother? Interestingly, never once, in any of your posts, do you show compassion for Robert.
Linda Moore October 23, 2012 at 11:07 PM
Mariana, apology accepted. At the risk of inspiring more hateful barbs, I will say I feel compassion not only for Robert, but for everyone concerned, including the young man who ultimately was found guilty of murdering him, however, that does not mean I condone his actions, or Davia's lack thereof, If that makes me a monster, then so be it. I'm doing my best to follow the example of a certain person who said something to the effect "Let the one who is without sin among you be the first one to throw a stone." There is another saying that I also try to remember, "There but for the grace of God go I." Hopefully, I would never find myself in the same situation as these two young people found themselves, but until I am I cannot truly say how I would act or react. I would hope that I would have made better choices than they did, but I refuse to sit in judgement of them because they made poor choices that resulted in the death of Robert. Don't get me wrong. I've seen pictures of him, and I've also held his brother and sister in my arms and rocked them to sleep, so I ache that his young life was snuffed out in such a manner that it was, but that doesn't mean that I'm going to then have a lynch mob mentality about it.

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