A stepmother accused of capital murder in the death of her husband's 3-year-old daughter will be represented by lawyers with the Arkansas Public Defender Commission.
McKenna Belcher, 27, is accused of beating little McKinley Cawley to death and of second-degree domestic battery for the alleged physical abuse of McKinley's younger, 2-year-old brother. Because of the time and resources required to defend a capital charge, the commission, rather than local public defenders, assumes representation when a defendant does not have the means to hire their own lawyer.
One member of Belcher's legal team, Jeff Chandler, was in town Tuesday to meet with his client. Belcher is also represented by Andrea Stokes of the Arkansas Public Defender Commission. McKinley's father, Everette Cawley, 23, is represented by local public defenders in the 8th Judicial District South which serves Miller and Lafayette Counties. He is charged with two felony counts of permitting the abuse of a minor.
While the names of both of the accused were listed on a criminal docket in Miller County, Ark., on Tuesday, neither appeared before a judge because prosecutors have not yet filed formal charges against them. McKinley died about two weeks ago in a Little Rock hospital of injuries indicative of severe blunt force trauma, according to a probable cause affidavit.
Both husband and wife are being held in the Miller County jail. Belcher is being held without bail and Everette Cawley's bail is set at $1 million. Both are scheduled for status hearings April 30.
Everette Cawley was carrying his unconscious daughter when he ran through the doors of CHRISTUS St. Michael Health System at about 4:30 a.m. on April 2. Hospital staff immediately suspected abuse was to blame for the youngster's dire medical condition and contacted police.
Doctors determined that McKinley was suffering from extensive internal and external trauma that required she be airlifted to Children's Medical Center in Little Rock, where she died less than 12 hours later. McKinley's suffering included a traumatic brain injury and "excessive bruising to the face and torso which is far beyond any over-active child and patterned to suggest use of a rigid object," the affidavit states.
Also noted by hospital staff were lacerations to McKinley's kidneys and pancreas "caused by extreme high-force events" and cuts and bruises to both sides of the young girl's lungs "caused by a shearing mechanism, which would suggest the victim sustained blunt force blows/slams to a flat surface."
McKinley's head was shaved and doctors theorized that this was done to conceal that the girl was "missing hair (scalp) that appeared to have been removed by force," the affidavit states. "It should be noted that responding detectives found long tufts of hair in the residence as well as in the underwear of the victim."
The affidavit states that McKinley's elevated liver-function tests could have been caused by a prolonged period of oxygen deprivation and impaired circulation, and that there was likely some delay in seeking medical care for the seriously and gravely injured child. When the girl was admitted to Children's, she required a chest tube and doctors expressed pessimism regarding her chances of survival, given that she'd gone without oxygen for a substantial amount of time.
Because the couple and two other children-their 2-month-old infant daughter and Everette Cawley's 2-year-old-son from a prior relationship-were living in a Texarkana, Ark., duplex in the 3800 block of Linden Street, that city's police department is conducting the investigation. External injuries similar to those seen on McKinley were found on the 2-year-old boy's face, torso and legs, and doctors theorized they were caused by a "blunt type instrument/object" and are described as bruising all along his face and limbs.
The couple's infant, born Jan. 30, was in need of medical attention as well. The girl had a severe yeast infection "under her neck skin fold," which was bleeding at the time she was taken into state custody.
Belcher allegedly told Texarkana, Ark., detectives that McKinley bit her thumb and that her response was to throw the young child to the floor and strike her in the face.
"McKenna (Belcher) later said that, during this incident, she had also kicked McKinley in the legs," the affidavit states. "Crime scene detectives collected a pair of steel-toe boots belonging to McKenna."
Everette Cawley allegedly told detectives that Belcher violently beat McKinley on March 30 or 31-after the girl bit her on the thumb-by slamming the girl into a cabinet, throwing her to the floor and "stomping" on her feet and legs. Everette Cawley allegedly said that while he was at the store on March 31, Belcher further injured the girl but he didn't know exactly how.
"Everette said McKenna told him that she had disciplined McKinley in his absence," the affidavit states.
A search warrant affidavit states that investigators hoped to recover a "wooden slat" and another item from the child's bed that were allegedly used to beat her.
Everette Cawley allegedly gave Texarkana, Ark., detectives a different account than he gave Texarkana, Texas, police officers at the hospital. Everette Cawley allegedly said he was actually woken in the early morning hours of April 2 by the sound of his wife yelling at McKinley for using the bathroom on herself. Everette Cawley allegedly reported that when he walked in the room, Belcher was standing over McKinley as she lay unconscious on the floor. Everette Cawley allegedly claimed he attempted CPR before taking the child to the emergency room.
Everette Cawley faces five to 20 years if found guilty of permitting the abuse of a minor resulting in death as he is charged in connection with McKinley. If found guilty of permitting the abuse of his son, Everette Cawley faces up to six years in prison.
Belcher faces five to 20 years in prison if found guilty of second-degree domestic battery involving her stepson. If found guilty of capital murder in McKinley's death, she faces life in prison without the possibility of parole or death by lethal injection.