Jury selection for a Texarkana man accused of capital murder in the death of his former girlfriend's toddler son is scheduled for the week after Thanksgiving at Bowie County Courthouse in New Boston, Texas.
Assistant District Attorney Kelley Crisp asked Lockhart if he expects jury selection to take place Nov. 29 with opening statements and testimony to begin the following day. Lockhart said he does and scheduled the case for a final pretrial hearing Nov. 28 in New Boston.
Gayton has been in jail since his arrest a few days after 2-year-old Da'Corian Wright was pronounced dead in his mother's home Jan. 29. Gayton's most serious charge is capital murder though his indictment alleges first-degree murder and injury to a child as well. Gayton is also accused of causing injuries found on Da'Corian's younger sister.
Gayton allegedly was the only adult with access to Da'Corian when he was injured, according to probable cause affidavits used to create the following accounts. The child's mother told Texarkana, Texas, detectives that Gayton had been living with her, Da'Corian and his 1-year-old sister for about a month. The mother said Da'Corian seemed well when she left for work that afternoon about 3:15 p.m. and that she thought both children were sleeping when she returned around 9 p.m.
The mother said Da'Corian was face down in his bed, cold to the touch and not breathing when she checked on him around midnight. The mother and Gayton allegedly attempted life-saving measures and placed the toddler in a warm bath, hoping to restore normal temperature. Da'Corian was pronounced dead at the scene.
Gayton was also indicted last month for third-degree injury to a child for injuries found on Da'Corian's younger sister. While officers were questioning Gayton and Da'Corian's mother, his 13-month-old sister was examined by Texas Department of Family and Protective Services caseworkers. Numerous bruises and abrasions on the baby's abdomen, pelvic area, upper and lower thighs, face and back, led the caseworkers to seek treatment for her at a Texarkana hospital. From there, the child was taken to Children's Hospital in Dallas for further evaluation.
Gayton has been in jail since his arrest a couple of days after Da'Corian's body showed he had suffered blunt force trauma severe enough to tear internal organs. Bail is set at $2 million.
The state is not seeking the death penalty for Gayton in Da'Corian's death. If found guilty of capital murder, Gayton faces life without the possibility of parole. If the jury elects to convict Gayton of first-degree murder rather than capital murder, he faces a punishment range of five to 99 years or life in a Texas prison. The injury to a child charge Gayton faces for allegedly abusing Da'Corian's younger sister is punishable by two to 10 years in a Texas prison.