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Marion County Court News for the Week of August 26, 2024

A father accused of seriously injuring his four-month-old daughter nearly four years ago was found not guilty by a jury Wednesday, much to the joy of the man and his family who were present at the Marion County Judicial Center.

Here's a look at that case and another that was heard in court the week of August 26.

Christopher Ronald Bairan

Judge: District Judge Tim McCourt.

Charging: Severe child abuse.

Lawyers: Assistant District Attorneys Katrina Self and Barbara Harris and defense attorneys Michelle Yard and Katie Horton of the Joshi Law Firm.

About the case: Bairan was taken into custody by sheriff's detectives in January 2021 because his then four-month-old daughter suffered what doctors described as severe head trauma in late December 2020.

To protect the child's privacy, The Star-Banner is not releasing his name.

Bairan, now 40, has been in the district jail since his arrest.

What happened in court? On August 26, a seven-member jury consisting of three women and four men, plus an alternate, was selected. The jury heard its opening statements the next day, and the trial concluded on the afternoon of August 29.

In his closing argument, Self said the victim, once a happy, normal child, is now four years old, suffers from seizures and cannot crawl, walk, talk or care for herself. The prosecutor said the child has permanent brain damage and her father is responsible for her injuries.

After the alleged incident, the child had bruises on her leg, chest, neck and back. Self said the child's injuries were a result of her father's frustration.

She said that when the child's mother noticed that her child was unresponsive and wanted to take her to the hospital, Bairan panicked. Instead, Bairan wanted her to stay quiet because he was afraid the children would be taken away from them. He said he pinched the children.

The baby was eventually taken to HCA Florida West Marion Hospital and then transferred to UF Health Shands Hospital for further treatment.

Doctors said the child's injuries were caused by intentional shaking, Self told jurors. She urged a guilty verdict.

Yard said no one knows what happened, how or when the child was injured. She said there were mentions of a basketball hitting the child in the head, that he was kicked by another child and that the child was whiny while the parents were at a party hours before the lifeless discovery.

The defense attorney said the girl's mother also cared for her daughter and no one raised the possibility that she might harm the child. She told the court that family members said Bairan did not abuse the children, including the victim, and was a great, loving father.

Yard blamed law enforcement for not doing enough to find out who injured the child.

How long did the jury deliberate? The six-member jury, four men and two women, deliberated for almost two and a half hours.

What was the verdict? Not guilty. If convicted, Bairan faces up to 30 years in prison. The defense told a Star-Banner reporter that they had been offered a guilty plea of ​​20 years, but did not accept it.

Did family members attend the hearing? Yes. Before the jury returned to the courtroom, the judge and his bailiff told the family members sitting across the courtroom to keep their emotions in check, regardless of the verdict. When the bailiff read the verdict, Bairan was happy and wept. His family was equally happy and hugged each other. Outside the courtroom, Bairan's family, meeting with the defense attorneys, told the Star-Banner reporter, “God is great.”

What happens next? Bairan was also charged with possession of cocaine and alprazolam. These charges were filed against Bairan at the time of his arrest. The man's attorneys told the court that their client had another attorney for the drug charges and wanted to reschedule the hearing for another day. The judge set the hearing for September 5. For now, Bairan will remain in the county jail pending his hearing.

Sentenced: Man and toddler die in accident under the influence of alcohol. Now a judge has sentenced the driver.

Darryn Robert Lake

Judge: District Judge Peter Brigham.

Lawyers: James W. Smith of Windermere for Lake and Assistant District Attorney Janine Nixon for the prosecution.

Charging: Robbery with a firearm and accusation of armed burglary of a means of transportation.

What happened? Jury selection was scheduled for the week of August 26. According to a court document, the prosecutor decided to drop the charges.

About the case: A little more than two years ago, a jury convicted Lake of the 2019 offenses. Before his verdict was announced, his attorney filed a motion for a retrial. Smith argued during jury selection that the original prosecutor in the case had excluded two potential jurors – one Black, the other from a racial minority – from the trial, leaving an all-white jury. Prosecutors said the two jurors were withdrawn because they attended the same high school as Lake, who was then a football star, and could be influenced by his popularity. Lake is now 26.

Brigham granted the motion for a retrial. The prosecution appealed his decision, and the Fifth Circuit Court of Appeals agreed with the judge.

The other man involved in the incident, Kenvonte Lamar Daniel, was sentenced to probation.

Contact Austin L. Miller at [email protected]

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