Sitting in the courtroom, she tried to explain how she had failed to recognize that Andrews condition was life-threatening. We had been told to expect a lot of the things we were seeing with Andrew, Larry told me. When people are under severe stress, their judgment becomes poor., Cortess perspective was revelatory. Sorry, I he began, when she asked him to put on his shoes. Not until Sebastian was born did doctors discover that his only impairment was a hole in his heart, which healed on its own. Larry, who was sitting behind her, broke down. According to Hannah, Andrew once again asked for an early lunch, and once again, when she told him that he would have to wait, he defecated and smeared feces across the floor. How do you poison someone with a substance you dont know the contents of? That Hannah had not sought immediate medical attention did not change his view. Moritz is the clinical director of pediatric nephrology at the Childrens Hospital of Pittsburgh, where he specializes in childrens kidney diseases. He is survived by : his children, Valerie Overton Castano (John), Glenn Overton (Donna) and Allen Overton (Amy); his grandchildren, Morgan Castano Petty (Kyle), Jordan Castano, Zack Castano (Andie), Julia Overton Kahsar (Alex), Alyssa Overton McSteen (Dylan) and Drake Overton; his great grandchildren, Overton Petty, Cotten Petty, Davant Petty, Preston McSteen and Layton Kahsar; his brothers-in-law, Bruce Preston Cotten and Grant Cotten; his friends, Jimmy, Sarah Trado, Joyce, Jerry Dellinger, Betty Jo Mullis and Bob Butler; and also, Scott and Tana Lloyd. We spoke last Tuesday about a biking trip we had plan in the spring to Cherokee,N.C. To the Overton's; Please accept my deepest sympathy and condolences for your loss. Hannahs supporters included a young churchgoer named Dawn Werkhoven, who had lived with the Overtons the year leading up to Andrews death. Because the court has not been inclined to intercede so far, members of Calvary Chapel have begun a letter-writing campaign to the Texas Board of Pardons and Paroles in hopes of securing a pardon or a commutation. The way it was explained to me, thats how I would be charged if I accidentally ran a stoplight and hit somebody, he said. The Registry provides detailed information about every known exoneration in the United States since 1989cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of innocence. Shortly afterward, at three-thirty, Hannah called Larry and asked him to come home since Andrew was vomiting and she needed his help. While Larry tried to scrub down the bedroom, Andrew pulled his sheets out of the trash several times, despite repeated warnings not to do so. By clicking or navigating the site, you agree to allow our collection of information through cookies. Hess and a group of CPS workers were standing in the back with dark glasses on, their arms crossed, scowls on their faces, Carver said. Funeral arrangement under the care ofHeritage Funeral Home. Fernandez determined that the boy had died as a result of acute sodium toxicity, with blunt force head trauma as a contributing factor. He acted more like a toddler than a preschooler, they noted; if he wanted an object, he pointed to it and grunted. H-E-Bs True Texas BBQ Restaurant Is Slipping, West Texans Are Learning What It Means to Live in Bear Country. The Overtons already had four children, and Larrys incomehe installed landscape lightingwas barely enough to make ends meet. They had 4 children and were expecting their fifth. Corpus Christi Caller-Times, Todd Yates/AP Photo, Do Not Sell or Share My Personal Information. By the time Hannah took the stand, jurors appeared to have made up their minds. Hannahs father was the Reverend Bennie Saenz, an evangelical preacher in Corpus Christi whose fall from grace profoundly altered the course of her childhood. My deepest sympathy to his family on the loss of a truly extraordinary person. He moved unsteadily, and he was so clumsy that Hannah had him wear a life jacket whenever he splashed around in their inflatable kiddie pool. celebrity wifi packages cost. The jury was not just going to let her walk. Capital murder carries two possible punishments in Texasthe death penalty or life without paroleand the district attorneys office had already decided not to seek death. He found that they fit a narrow profile: they were between the ages of one and six, they had been in the foster system or were from abusive homes, and they had pica. So she had to find a way out. (Hess did not respond to interview requests for this article but has previously denied Hallers version of events.) He and Noreen had recently lost their own son, who had been stillborn, making his grief particularly acute. Andrews former foster mother, Sharon Hamil, who was devastated by the boys death, testified that Andrew had not exhibited significant developmental or behavioral problems, aside from his speech delay, during the time that he lived with hera characterization that was rebutted by numerous members of Calvary Chapel later in the trial but that cast Hannahs credibility into doubt. Making him sleep on plywood burning sheets, becoming so enraged she forced him to have 23 teaspoons of hot pepper, and then watched him die in agony.. a few minutes before we actually took him in, she testified. Yet according to the unusual wording of the jury charge, jurors had to believe just one of two scenarios to find Hannah guilty: that she deliberately made Andrew ingest a lethal amount of salt or that she purposely neglected to get timely medical attention, knowing that this would kill him. The states case would be predicated in part on the findings of Ray Fernandez, the Nueces County medical examiner, who ruled Andrews death to be a homicide. Nevertheless, the idea that Andrew had sustained a head injury propelled the case forward, further casting Hannah as an abuser. The passenger side of their old Ford van was not equipped with an air bag, and Hannah, who had pulled down her seat belt so she could turn to talk to the kids, was jolted forward, her face hitting the dashboard. He was preceded in. Dabney and I had spirited conversations about baseball. The Corpus Christi Caller-Timess online comments section filled with the vitriol of readers, some of whom called for Hannah to receive the death penalty. In loving memory of Jonah Lee Overton, It is unlikely that any intervention would have made a significant difference as Andrew had already taken the most critical step to save himself [by consuming] copious amounts of fluid, he wrote. Then he asked for more. CPR had also been performed for an extended period by Hannah and later by medical personnel, who had squeezed the boys nose and administered chest compressions for 35 minutes. Prosecutors exploited that uncertainty in final arguments, asserting that Andrew did not have pica. He was kind, he was gentle, he had a great smile. Not long afterward, Larry and Hannah heard about Andrew at their church, Calvary Chapel of the Coastlands, which Andrews foster mother also attended. His foster mother, Hannah Overton, was charged with capital murder, vilified from all quarters, and sent to prison for life. I feel so fortunate to have spent time with him. If he had Downs, that was the blessing that God had chosen to give us, Larry said. (Hannahs mother and stepfatherwhom the courts had named managing conservators of the childrenwere then able to return them to Larrys custody.) One attorney was even moved to tears explaining how sorry he was for the mistakes he had made in Overton's case. Yet if anyone was up to the task, most everyone agreed, it was the Overtons, and Hannah in particular. The boys symptoms that afternoonvomiting, chills, and lethargyinitially suggested to the Overtons that he had a routine ailment, like a stomach bug. The appellate court did not rule specifically on Overton's claims of prosecutorial misconduct, saying she deserved a new trial on claims of ineffective counsel. It was founded in 2012 in conjunction with the Center on Wrongful Convictions at Northwestern University School of Law. Larry with (from left) his children Ally, Isaac, Sebastian, Emma, and Isabel. Hoping to show him that his behavior was self-destructive, Larry told Andrew one morning that he could have as much as he wanted for breakfast. I pray that you will bring Mom home soon.. As you know, Dabney and I had a lot of good times and he was a dear friend and fraternity brother. Two years later, the Overtons learned that their adoption application had been approved and that Andrew would be joining their family. Dabney was a pleasant person to be around. Dabney was a great guy. Just as she had hoped, they would have six children. Frantic, Hannah began administering CPR in the backseat. Im a pretty easygoing guy, but I remember thinking, Six kids? Larry told me. Overton had to have a blood transfusion and her new. A block away from the clinic, as they waited at a red light, Andrew stopped breathing. After drinking a little, he threw another tantrum that continued unabated for twenty minutes. The paperwork Orr now forwarded to him, which showed that Andrews stomach contained a great deal of water, only confirmed the clinical directors initial conclusion. On October 3, while Andrew was still hospitalized, the agency removed Isaac, Isabel, Ally, and Sebastian from their parents custody, placing them in two separate foster homes in Beeville, sixty miles away. According to Overtons attorney, Cynthia Orr, the Texas comptroller told Overton on Tuesday that she would receive a check for $573,333.33 as compensation her for her wrongful incarceration. But law enforcement officials are accustomed to handling child abuse cases, not medical mysteries, and salt poisoning is rare enough that most emergency room doctors will never encounter a case during their careers. He was a very sweet and kind person. Dabney Overton III Birth 30 Jul 1963 Death 9 Nov 2009 (aged 46) It did not matter that Haller, who had seen Andrew in the days leading up to his hospitalization and who was frequently in the Overton home, had never observed any suspicious bruises or indications of abuse. She had studied years earlier to be an EMT, she explained, and although she had never worked as a paramedic, she had felt confident in her training. Hannah liked the tall, serious-minded student who shared the same hopes she had of creating a life centered on children and Christian outreach. The Overtons were returning from a visit to the obstetricians office, where they had brought the children to find out whether the baby they were expecting was a boy or a girl. Larry and Hannah caught him trying to eat cat food, crayons, toothpaste, glow sticks, tufts of carpetinganything he could get his hands on. He was a gentle and kind person always willing to help others. It is with deep sorrow that we announce the death of Jonah Lee Overton (Charlotte, North Carolina), who passed away on January 21, 2023, at the age of 92, leaving to mourn family and friends. Peace be with you, Dabney. I visited Hannah at the Murray Unit one bright, cloudless afternoon, when the warden granted her a few hours to speak with me. He enjoyed everything he did, was always friendly and supportive. . A comment someone made was that it appeared that this child had been in a fight with a porcupine, the physician stated. (Andrew was told that he could not have any food at McDonalds, since he had already eaten.) There was a dead child, he observed. The physician only said that the scratch marks he had noticed on the boys neck had been caused, he believed, by another person. Does God want a child to go to bed hurting, in pain, fearful, being looked at by closed-circuit television? It was later believed the boy suffered a rare medical condition called hypernatremia, which can cause fatal sodium levels in the body. Im very thankful that this compensation is finally coming through, Overton told ABC News. Other couples they knew who had adopted foster children assured them that their kids had outgrown similar eating issues, and the Overtons assumed that, with time, Andrew would outgrow his as well. It was a catastrophic decision. However, Judge Longoria could allow the jury to consider a lesser charge if he felt that the evidence did not support capital murder, and after hearing the states case, he did so, telling both the prosecution and the defense that he was willing to let the jury consider manslaughter or criminally negligent homicide. I am happy that he has gone before us because I know if God has taken him before so many other people then he must be going to someplace better. Murder Charges Dropped Against Hannah Overton, Texas Mom - ABC News The prosecution portrayed her as a mother who had lost control and tried to punish the young boy by giving him seasoning mixed in water. Nueces County jurors found she'dfailed to seek timely medical care for the boy. Isaac read John 9 aloud while Larry helped him sound out the difficult words (synagogue, Pharisees). Our condolences to his family and friends. At 13, he served as a page for the General Assembly of Virginia. All rights reserved. Hannahs mother and stepfather, Hannah, Larry, and the kids on Mothers Day 2006. This is a child that came in [to the emergency room] in cardiopulmonary arrest and was dying. His other passion was his beloved dogs. He was such a kind person, always with a smile on his face and a warm hug. He inspired me to take up running, and to go from owning 1 dog to 2! Andrew continued eating until he threw up. When I first learned Andrew had died, I was angry, he explained to me. You can send your sympathy in the guestbook provided and share it with the family. The jury was not just going to let her walk.. Dabney Overton Jr. | Obituaries | dnronline.com - Daily News-Record The Overtons have said they believed he instead had a rare medical conditioncalled hypernatremia that caused the fatal sodium levels. As he grasped for the right words to convey the depth of pain a parent feels over the loss of a child, he noticed a row of unfamiliar faces. A family birthday celebration in the summer of 2006. Hannah, my sister, Carolyn, and John and I are very sadden to learn about Dabney's passing. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Dabney Overton III (1963-2009) - Find a Grave Memorial He was a Southern Gentleman and true Virginian who touched the hearts of many. In a 2012 interview from a Texas prison, Overton told ABC News that during one of the monthly visitations with her children, [Emma] took her first step, I was there. The entire Davila family sends our heart felt condolences to Dabney's family. My prayers to the family. Overton, who has long maintained her innocence, spent seven years in prison for the young childs death. He was preceded in death by his mother, Hannah Spencer Haile Overton and infant brother, Charles. Updated: June 20, 2015 . When they took him along on errands, they had to keep him from eating the old gum and cigarette butts he found on the ground. To Plant Memorial Trees in memory, please visit our. I would often see him riding with all the dogs in the back of the car. She had been released on bond in December after a Texas appellate court overturned her conviction and life sentence for the death of 4-year-old Andrew Burd, the child Overton and her husband, Larry, were in the process of adopting before he died. Being in the Overtons home had afforded Werkhoven an intimate view of the family. I was assured that they would be seeking lesser charges. During the trial, he said, I sat at the courthouse for five days, waiting to testify. The onus for the boys death fell on Hannah, who was charged with capital murder. It was while watching the monitor that Hannah saw him trying to eat part of his foam mattress and paint off the wall. What little is known about Andrew Burds early life is contained in a slim Child Protective Services case file that chronicles the boys descent into the child welfare system. A committed Christian, he had gone on mission trips with his family since he was a child, including a fourteen-month stint in Papua New Guinea and several treks across Mexico. There are two phones that the kids can speak into, and they eagerly pass the receivers back and forth, recounting the months events in stereo. Cynthia Hujar-Orr, Gerry Goldstein and John Raley were apart of Overton's appellate team that helped overturn the . Whenever he got scaredand there was a long list of things that petrified him, from swimming to large crowds to the sound of balloons poppingthe Overtons worked to help him overcome his fears, reassuring him that they loved him and that he was in safe surroundings. He left me with that gift. Theres An App for That. 1 x 120' / Produced for Discovery Networks. At 4 a.m., she reports to the laundry, where she folds shirts and hands out clean clothes to inmates. The families shared an unofficial open-door policy, and when Andrew had begun acting up the previous afternoon, Hannah had called Haller for help, asking if she could look after Sebastian for a little while. The importance of saying "I love you" during COVID-19, Effective ways of dealing with the grieving process, Solutions to show your sympathy safely during the Covid-19 pandemic. ", More:Hannah Overton, supporters chant 'Actually innocent' after capital murder dismissal, More:Nueces County DA to dismiss Overton case, declare woman innocent. Haller was stunned by the accusation. I knew Dabney in highschool and we became reaquainted through sailing and always remarked "what a small, small world." I asked Hannah if her faith had been shaken by Andrews loss and the suffering that she and her family had experienced. OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. Here are the tributes to Jonah Lee Overton. (More shocking details on abuse suffered by four-year-old before death, began one breathless report.) The family will receive friends Tuesday, November 23, 2021 from 5:30 p.m. - 8:00 p.m. at Cullman Funeral Home. Yet the image they conjuredof a woman grinning at the sight of a comatose four-year-oldwas devastating. "After further review of all the evidence and meeting with her defense attorneys and everyone involved, my office decided that we're going to dismiss the case and include language in there that would actually indicate that she's not guilty of the charge that we charged her with, or the previous administration," Gonzalez said at the time. Days after she gave birth to her daughter Emma, CPS took the newborn into protective custody. Because he was vomiting? We lived in the same neighborhood a few years back and after meeting at the Dog Park, spent some great time together running, kayaking and meeting for a few cold ones at Melitos. City Employees Are Heading for the Exits. Hannah, we met a couple of times, and Dabney and I visited your grandparents several times in Tappahannock. Dabney was born on July 31, 1963 and grew up in Essex County, Va. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. Take it one day at a time. I shall miss him greatly. But Saenzs account of his whereabouts on the evening of the murder did not jibe with the evidence, and blood that matched the victims type was discovered inside his van. . Top: A family birthday celebration in the summer of 2006. Zion Church of the Brethren. . Patricia Sharpe writes a regular restaurant column, Pats Pick, for Texas Monthly. Tell In the context of a criminal investigation, the calm that she had always exhibited in the midst of crisis was suddenly a liabilityan indication, perhaps, that she was cold-blooded enough to have killed a child. But former Nueces County District Attorney Mark Skurka charged Overton a second time for murder after her release. Daniel Vaughn is the countrys first barbecue editor, and he has eaten more barbecue than you have. Myron Overton Obituary (1935 - 2013) - Bakersfield, CA - Legacy Andrew had an enraged mother who didnt, I dont think loved him the way that she loved her own biological children, former Nueces County prosecutor Sandra Eastwood said at trial. Inside the Bro-tastic Party Mansions Upending a Historic Austin Community, The Campaign to Sabotage Texass Public Schools. Hannah was sure I would eventually come around. I worked with Dabney in the mortgage industry a few years ago and he was everything you described. Had Andrew sat among them, I realized, he would have been nine years old. Dabney and I were great friends while I lived in Richmond back in the late 80s - Browder,Russell days. Last year, new District Attorney Mark Gonzalezfiled a motion toofficially declare her innocent. She found him standing on a stool in the pantry, near the baking ingredients, having pulled something off the shelf. But at a hearing on the defenses motion for a new trial, Eastwood stated under oath that Cortes had always been a passionate advocate for the prosecution; he had even remarked to her that he thought Hannah should fry. Cortes does not dispute that story. A pediatric critical care specialist who treated Andrew at Driscoll, Alexandre Rotta, grew equally troubled. More outspoken was Andrews Sunday school teacher, who sat Hannah and Larry down and told them that he was a troubled kid. He was the first one to introduce me to kayaking from Aylett to Walkerton on the Mattaponi. Gemma Mitchell, a phlebotomist, recalled overhearing Hannah tell medical staff that Andrew had stopped breathing after he was punished. No one could corroborate her story, and under cross-examination, she admitted that she had never told anyone this fact until taking the stand. There was no evidence of external bleeding or injuries to Andrews head, however, and at a pre-trial hearing, Fernandez conceded that the hemorrhaging could have been related to elevated sodium in the blood. us about an exoneration that we may have missed, Correct an error or add information about an exoneration Dabney OVERTON Obituary (2009) - Legacy lakers celebrity seating chart 2019 bottle caps candy root beer only bottle caps candy root beer only Mr. Overton continued in private practice until the age of 80. Although he hung back when his siblings embraced their parents in group hugs, Larry and Hannah learned that if they asked Andrew to join in, he would do so enthusiastically, throwing his arms around them. In 2011, Overtons appellate attorney, Cynthia Orr, filed a state petition for a writ of habeas corpus seeking a new trial. A church elder, who was himself an adoptive parent, invited the Overtons to dinner one night and encouraged them to consider bringing Andrew into their home. He soon lapsed into a coma. They had also watched the video of Hess questioning Hannah, during which she described calling a paramedic friend in Oklahoma for guidance when the boys condition deteriorated, and even using her cameras flash to check if his pupils were reactive, but never calling for an ambulance. Would I really have stayed with a family that would abuse a child?, The most unsettling aspect of The State of Texas v. Hannah Ruth Overton, which got under way in August 2007, was how effectively a woman who had spent most of her life as a do-gooder could be recast as a monster. They were not allowed to be at Andrews bedside on the evening of October 3, when he experienced massive organ failure. You may be trying to access this site from a secured browser on the server. He was loved by many for his gentle nature and loyalty. that he had unrestricted access to water. Given these facts, he explained, There is not a single piece of evidence which suggests that Hannah Overton salt-poisoned Andrew. Instead, Moritz added, the most likely scenario was that Andrew accidentally salt-poisoned himself., In light of this information, Moritz felt certain that Andrews prognosis would have been the same whether or not Hannah had called an ambulance. It is unclear, read the courts ruling, whether the state actually knew of Dr. Cortess opinion. The court also ruled that the wording of the jury charge was free from error. The Texas Court of Criminal Appeals declined the opportunity to reconsider the decision. . As I read the comments of so many I realize he touched everyone's lives just the same. Turn on desktop notifications for breaking stories about interest? Larry Overton was also charged with murder, but after his wife's conviction, he was offered a plea deal and was given probation. The following day, family court judge Carl Lewis awarded temporary custody to Hannahs mother and stepfather. Pam Rooker. But was this churchgoing young woman a vicious child killer? There have been a few tear-filled nights because one of the kids misses Andrew, Larry told me later. If Hannah had been looking for a way out, she would have called the adoption agency and told them that she and Larry couldnt go through with it. Hess was unmoved. He was always happy, Hamil testified. Several crossed their arms; others looked away. The kids now range in age from four to twelve, and when I visited them late one afternoon, not long after I had seen Hannah, they seemed unencumbered by the tragedy that had engulfed their family. OBITUARY - HANNAH OVERTON (HUNTINGDONSHIRE) Bowls England regrets to inform you that former Women's Junior International captain Hannah Overton passed away on 23rd December at the age of 28, after. He is in my thoughts and his family in my prayers. Find Hannah Overton obituaries and memorials at Legacy.com We truly thought his obsession with food was a behavioral issue, not a medical one, Larry said. I was shocked and saddened to hear of Dabney's premature death last week. EMTs and hospital staff had vigorously poked and prodded the boy as they attempted to revive him, first at the clinic, then in an ambulance, then at Christus Spohn Hospital, where he was initially taken, and finally at Driscoll, where he was transferred to the intensive care unit.