A Texarkana teen accused of capital murder in the January death of a toddler has been found competent to stand trial.
Clifford James Gayton Jr., 19, appeared with Texarkana lawyer Josh Potter before 102nd District Judge Bobby Lockhart for a pretrial hearing Wednesday.
Gayton is accused of beating his former girlfriend's 2-year-old son, Da'Corian Wright, to death Jan. 29. Gayton allegedly caused injuries to the boy's younger sister as well.
Assistant District Attorney Kelley Crisp told Lockhart that a psychologist who recently evaluated Gayton found he is competent. However, Crisp said she and Potter are working together to acquire records regarding Gayton's past treatment for mental issues, which could prove mitigating to a jury. Mitigating evidence is that which might lead a jury to choose a lesser punishment in light of a defendant's past or other circumstances.
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. Gayton's indictment alleges first-degree murder as well as capital murder. 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.
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. Gayton is scheduled to return to court Oct. 5 for a pretrial hearing. Jury selection is scheduled for Nov. 1 at the Bowie County courthouse in New Boston, Texas.
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