Pasco Judge Grants Acquittal in Abuse Case, After Jury Returns Guilty Verdict

Avon Alicia McKoy was charged with aggravated child abuse in early 2007 after fractures were discovered in the skull of an infant in her care. McKoy went to trial last month and a jury found her guilty of the lesser charge of child abuse. She faced up to five years in prison as a result of the guilty verdict.

Earlier this month, however, a Pasco Circuit Judge granted a judgment of acquittal in the case — essentially throwing out the jury’s verdict. This is an unusual outcome in a criminal jury trial.

McKoy was working as a nurse at Pasco Regional Medical Center when a patient there wanted to give up her soon-to-be-born baby. She was able to take the newborn boy home in November 2006.

About six weeks later, the baby had trouble breathing and McKoy called 911. He was taken to the hospital and stabilized. Just before the baby was to be discharged, McKoyy sat rocking him and noticed that he winced when she touched a spot on his head. Doctors discovered a skull fracture.

Another skull fracture was discovered after he was transferred by helicopter, with McKoy at his side, to Tampa General Hospital. A few days later, investigators told McKoy they believed the baby had been abused and she could have no more contact with him.

During the investigation, McKoy told law enforcement that the baby had rolled off the couch onto the floor during the night. She noticed he was not breathing the following morning and called 911.

A doctor testified on McKoy’s behalf, telling the jury how the baby’s skull injuries could have been caused by the fall. One fracture occurred when the baby hit the floor. The other, on the opposite side of his head, happened from the inside out, as pressure radiated across the baby’s soft head and not from another impact.

To prove child abuse the state must show that a defendant intentionally inflicted physical or mental injury. McKoy’s attorney asked for a judgment of acquittal after the State finished presenting its case. The judge denied the request.

After the verdict, as is typical, the defense attorney asked the judge to reconsider. This time, she agreed that there was no evidence of any intentional harm presented at trial.

She found that the jury’s verdict was contrary to the evidence. The baby has recovered and is now living with his birth mother.

As this case demonstrates, it is very important to engage an experienced criminal defense attorney if you have been or expect to be charged with a crime in the Tampa Bay area.