After 5 1/2 hours of deliberation Thursday, a jury found a Crawfordsville man responsible for causing catastrophic injuries to his girlfriend’s infant daughter in 2019.
A jury of seven women and five men listened to three days of testimony in Montgomery Circuit Court before delivering their verdict in the case against 30-year-old Dylan T. Myers.
Myers was found guilty of neglect of a dependent resulting in catastrophic injury, a level 1 felony. The jury found him not guilty on a count of aggravated battery that inflicts injury that causes serious permanent disfigurement and not guilty on a count of battery with serious bodily injury to a person under age 14, both level 3 felonies.
Judge Harry Siamas set a sentencing hearing for 9:30 a.m. Dec. 9. A level one felony in Indiana carries a sentencing range of 20-40 years.
Prosecuting Attorney Joseph Buser proved to jurors that the traumatic injuries suffered by Charlie Marshall on Aug. 19, 2019, at her mother Megan Marshall’s apartment in the Shady Knoll complex were inflicted by Myers.
In his closing remarks to the jury, Buser recapped earlier testimony given by Destiny Myers, Dylan’s sister and Charlie’s babysitter; Karen Crispin, the mother of Dylan and Destiny Myers; Dixie Cordray, the mother of Dylan’s daughter and who was on the phone with him when he arrived home from work that evening; and several medical professionals who cared for Charlie following her injuries.
Buser laid out a timeline with evidence previously presented in court that showed Charlie appeared normal and uninjured in a video clip recorded by Destiny Myers shortly after 6 p.m. Aug. 19, 2019. The recording showed Charlie lying on the floor next to Destiny Myers’s son, who is just a few weeks younger than Charlie. Both babies were alert and active.
At 7 p.m., Crispin arrived at the apartment and held Charlie for the 15 minutes she was there. She testified Charlie was fine. As she was leaving, Dylan Myers arrived at the apartment around 7:15 p.m. He was using Facetime to talk with Cordray and their daughter, who was celebrating her first birthday. That call was interrupted so he could care for Charlie. He took the child into a back bedroom to change her and swaddle her before bedtime. He returned to the living room without Charlie to resume his phone call. His call was again interrupted when Charlie began fussing in the back bedroom.
Destiny Myers testified that it was during the second trip to the bedroom that she heard Charlie make a noise that sounded “like a puppy or dog being stepped on.” Minutes later her brother brought Charlie back to the living room and handed the girl to her. Destiny Myers testified that she noticed Charlie was not acting normal.
Marshall arrived at the apartment about the same time, around 7:25 p.m., and found her daughter in distress and called 911. When paramedics arrived at 7:35 p.m. they found the infant was limp, suffering from a focal seizure and having trouble breathing.
“This places Charlie’s injury between 7:15 p.m. and 7:25 p.m.,” Buser said.
Testimony from Dr. Roberta Hibbard, a physician and child abuse expert from Riley Children’s Hospital, indicated the trauma Charlie sustained would manifest symptoms “almost immediately.” She told the jury that the brain injury and retinal hemorrhaging Charlie experienced would have been caused by rapid acceleration and deceleration forces.
“That’s a shake, a slam down onto a surface,” Buser said. “The rib fractures, that’s from a squeeze.”
Buser pointed to Myers having a history of roughness with the infant, reminding jurors that Marshall, the child’s mother, testified that “he was hurting my baby and I was letting it happen.” Marshall testified that Myers had squeezed Charlie as a way to relieve gas pain and had dropped Charlie onto a bed and couch, but that the distance was less than 6 inches. She also testified that when this happened, she would take the baby away from Myers.
Marshall also is facing felony abuse and neglect charges in relation to this incident. Her case is still pending. She and Myers are still in a relationship. They are engaged and have a one-year-old child.
Bryan Donaldson, Myers’s attorney, told the jury during his closing remarks, that the state had not met its burden of beyond a reasonable doubt.
He implied that Destiny Myers had been home alone for seven hours with Charlie and her own infant son on Aug. 19, and could have been overwhelmed and caused the injuries. He pointed out there were several inconsistencies in her statements with investigators. He also noted that her sending the video clip of the two infants to Marshall and Crispin that evening was unusual. Marshall testified that the babysitter had never sent images of the children to her before.
Donaldson also said it was strange that Destiny Myers refused to call 911. She testified it was because her cell phone had limited features and such a call would not go through to the local dispatch center, which led to Marshall making the call for help. The public defender also reminded jurors of a text made by Destiny Myers to her brother a few days after the incident which read “what day do I expect to be in jail.”
Destiny Myers admitted in court that she sent the text, but that she did so because she was angry that her brother, Marshall and Crispin were trying to blame her for Charlie’s injuries.
Donaldson also mentioned Charlie’s fall from a couch a few days before Aug. 19 and that could have played a factor in her injuries, despite medical personnel testifying otherwise.
Buser told the jury before they left to deliberate that “life dealt her (Charlie) a terrible hand, and he (Myers) was dealing the cards.”
He asked them to provide justice for Charlie, acknowledging a similar message found on yard signs throughout the county.
“You’re the people in charge of getting that for her,” Buser said. “Hold Dylan Myers accountable for what he’s done.”
Charlie currently resides with her biological father, Nathan White, and two half siblings, ages 5 and 6. White was the last witness to testify for the state Thursday morning. He told the court he gained custody of his daughter about a year ago. Prior to that she lived in foster care in the Indianapolis area so that she could be nearer to Riley Children’s Hospital for her continued care. White also told the court that in August of 2019 he did not know for certain that Charlie was his. Paternity testing in late 2019 to early 2020 confirmed the connection.
White told the court, his now 3 1/2-year-old daughter requires constant care. She continues to take medication to suppress seizure activity, has trauma-induced epilepsy and is severely developmental delayed.
“She’s always going to need a care provider,” he said. “I hope whoever that is will always be as patient as they need to be with her.”
White told the court that family and friends are assisting him with his daughter’s care and that she attends regular therapy sessions and is enrolled in a specialized preschool program.
After taking custody of his child, White established a website https://www.justiceforcharlie.info/ to spread awareness and keep the community updated on her progress.
