United States v. Serawop

Facts

Defendant was left to care for his infant Beyonce Serawop along with Beyonce’s two siblings and cousin, while her mother was serving a 12 day jail sentence for lying to police. Defendant had just started a new job that week as well. The day after Beyonce’s mother had left, defendant called for an ambulance, reporting that Beyonce was having trouble breathing. When she arrived at the hospital she was limb and pale, a spinal tap revealed head trauma. Beyonce was then airlifted to another hospital where she was pronounced dead upon arrival.

Medical examiners found the following on Beyonce- rib fractures, contusions on her face, and three skull fractures consistent with blunt force trauma. The examiners concluded that the skull fractures caused her death and that due to the malleability of an infant’s skill, a considerable amount of force would be needed to cause three fractures.

Defendant gave several different stories about what had happened. First, that Beyonce just stopped breathing. Then that Beyonce’s brother hit her in the head, that another child had dropped her, and also that he had tripped while holding her and hit her head on the edge of a TV stand. His last version was that he accidentally dropped her and she hit her head on the bathroom counter.

At trial, defendant argued first for a charge of involuntary manslaughter arguing that the fall caused the accidents and injury, and in the alterative the jury should find him guilty of voluntary manslaughter arguing that the force was due to the head of passion arising from the frustration of her crying for her mother. Defendant was convicted of voluntary manslaughter.