Update on Pennsylvania man who allegedly beat toddler to death with videogame controller

July 14, 2009

The district attorney's office in York County, Pennsylvania, is seeking additional charges against 29-year-old Harve Lamar Johnson, a local man who stands accused of beating a toddler to death with a video game controller.

The case in question dates back to April 6, 2008. On that date, Johnson and his live-in girlfriend, 19-year-old Neida E. Baez, were hanging out inside their West Philadelphia Street home with Baez's 2-year-old daughter, Darisabel Baez. It remains unclear why, but at some point Johnson allegedly snapped, and went after Darisabel.

Roughly 45 minutes later, Darisabel was sprawled out limp and motionless on the floor. Bruises and lacerations covered much of her tiny body.  Lying next to her was the alleged instrument of her pain, a videogame controller, an item meant for fun that had perversely been turned into a tool for inflicting pain and death.

According to police statements, Johnson scooped up Darisabel and carried her into the bathroom, where he placed her in the tub and ran cold water over her in an attempt to wake her, but she did not react. Uncertain about what to do next, Johnson allegedly picked up Darisabel again and carried her into the next room, where he dropped her limp body into her mother's lap.

Baez called 911, and both the police and ambulance personnel responded and rushed Darisabel to Hershey Medical Center, where she was admitted into the critical care unit.

During police questioning, Johnson allegedly admitted to beating Darisabel with the game controller, but offered no motive for the crime. Neida allegedly admitted to hearing her daughter's cries for help, but, like Johnson, offered no reason for the brutal attack and failed to explain why she did not intervene.  As a result of the investigation, Johnson was arrested and charged with aggravated assault and reckless endangerment. For her part, or lack thereof, Neida was also arrested, and charged with endangering the welfare of a child.

The following day, Darisabel died at the hospital.

During an interview with WGAL-TV, Dauphin County Coroner Graham Hetrick described Darisabel's injuries as the worst case of child abuse he had ever seen. As a result of Darisabel's death, Johnson's charges were upgraded to include homicide.

Assistant district attorneys Timothy Barker and Christopher Moore have since filed an 89-page memorandum, requesting that new evidence be admitted – specifically, new testimony from Dr. Wayne Ross, the pathologist who performed Darisabel's autopsy.

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During the initial autopsy, Ross concluded that Darisabel had suffered 150 injuries, which caused trauma to her brain, liver and heart, as well as extensive hemorrhaging and swelling throughout her body. Ross described the injuries as "extensive and indicative of torture." Ross has since reexamined photographs of Darisabel's body, which allegedly reveal abrasions to Darisabel's vulva which are consistent with fingernail marks.

As a result of the new findings, prosecutors are seeking to add a charge of aggravated indecent assault against Johnson. In the event the new charge is allowed, they are also requesting to add the aggravating factor that he "committed a killing while in the perpetration of a felony."
The latter of the two modifications will be used in support of the prosecution’s intent to seek the death penalty against Johnson.

The prosecution’s memorandum has been filed as a counter to pretrial motions that were recently submitted by Johnson's attorney to suppress, limit, and bar evidence. Those motions included a request that self-incriminating statements Johnson allegedly made to police not be admitted in court and also a request to bar Ross's testimony about the alleged torture.  

Prosecutors contend that the statements were both "spontaneous" and "voluntary." In regard to Ross's testimony, prosecutors have agreed not to use the word "torture”; however, they do plan to ask Ross to explain to the jury Darisabel's "degree of pain and suffering."

In addition to motions filed by Johnson's attorney, prosecutors are also countering a motion filed by Baez's attorney, in which she asks that first- and third-degree murder charges against his client be dismissed. According to Baez’s attorney,  his client lacked the "specific intent to kill" and the requisite of "malice."

Prosecutors contend that the "malice" centers on Baez’s failure to intervene.

"[Baez] did nothing to provide [Darisabel] aid, never attempted to call for help [and] misled emergency personnel as to how her daughter became injured," read the prosecution’s memorandum.

A judge has yet to rule on any of the motions.

Johnson's capital murder trial is set to begin on November 2. A trial date for Baez has not yet been set.

Related Link:
Pennsylvania Man Arrested for Beating Toddler to Death with Videogame Controller

Photo Credits: Harve Johnson: Police file photo; Neida Baez: Police file photo; Darisabel Baez: Contributed

Please note: Persons appearing in mug shots may not have not been convicted of the charges for which they are accused and are presumed innocent until proven guilty in a court of law.

This material may not be published, broadcast, rewritten or redistributed without permission from Discovery Communications. All quotes must include a link back.

Comments

[Kim]

It pains me to read these stories of innocent little babies being tortured to death. I will never understand how a mother could allow anyone to hurt her baby. The fact that this mother heard her baby's cries but didn't get up and stop it is enough for me to want her to be put to death. For this low life loser to be playing a video game and then beating a baby to death because I am sure she was crying or annoying him - should be enough to beat him to death with a shovel.

I wish I could hug that baby and take her home with me.

[James]

It's stories like these that make me want to believe in a little place called Hell.

[Teresa Javid]

This is one of the saddest articles I've ever read, my goodness what was wrong with that mother! Something has got to be done before it gets to this point...I know, I know easier said then done right, there had to have been some kind of sign that should have been reported prior! Come on people get involved for the sake of the children!

[j.stephen.h]

James, good stranger...Its' stories like this one that lead me to believe this World is Becoming that little Place Called Hell...The acts of man make up for the lack of Devils threefold.

this guy will get killed in Prison if there is anything resembling Justice left...and the Mother dosen't deserve less than the fate she allowed her daughter.

[Elizabeth]

These people absolutely blow my mind... my baby fell out of an upstairs window onto conrete in a freak accident while i was at work. I thought i would die if i lost him... there is nothing that a child could do that deserves them to be hurt much less injured and murdered. It is people like this that give me a stronger drive to complete my bachelors in criminal justice so that i can do something about it other than just read about it.

[angela thomas]

this little girl is so precious they are a special place in hell for people like that. i just think it was so sad her mother let it happen she is just as responsible if not more.

[Tracy]

You know, its sad when women put a man before their own children. I understand that every woman wants to be in love, but once you have kids it stops being all about you. This is what happens when women dont properly interview potential boyfriends, they end up like this or worse a long line of "baby daddies". I think her mother should be held more accountable than the boyfriend. She decided to bring this child into the world and it was her job to protect her, once she sat back and did nothing as her child lay in pain and dying, she failed her daughter as a mother and ultimately she is more to blame than the boyfriend. I dont know what's worse him being guilty of being an idiot, or her being guilty of being that little girls mother. A piece of advise ladies, interview better and run a better check on him before you let him around your kids, OR THIS WILL HAPPEN! ITS JUST THAT SIMPLE!

[Whit36irl]

After this tragic story.... i will never ever consider her as my cousin eveeeeeer again... no excuse into why a mother couldn't help her child when needed the most. No woman should put a man before there child... true story..