ERIE -- The woman accused of using her 1-month-old son as a club, swinging the baby at her boyfriend during a domestic blowup, must stand trial for assault, a judge ruled yesterday.
Suspect Chytoria Graham sat expressionless during the 30-minute preliminary hearing in which a prosecutor portrayed her as a woman callous enough to endanger her baby's life in an explosion of anger.
Defense lawyer Dennis Williams told a different story, contending that Ms. Graham, like her son, is a victim in this case.
He said she never swung her baby, Jarron Troop, or caused any harm to him. Rather, he said, Ms. Graham, 27, was pulverized in an assault by her 20-year-old boyfriend, Deangelo Troop, who also injured the baby.
Police say Mr. Troop hit Ms. Graham in the face so hard that her left eye swelled shut. But investigators say Mr. Troop's attack on her may have occurred after she hurt the baby during the early-morning hours of Oct. 8.
Jarron's skull was fractured and he had bleeding in his brain. Now almost 3 months old, he has recovered well enough to have been released from Children's Hospital in Pittsburgh. Jarron and Ms. Graham's other four children are living with her parents while she sits in jail, unable to make bail.
Mr. Williams said Jarron's injuries were consistent with his being punched by the boyfriend. He contended that Mr. Troop hit the baby while Ms. Graham held him protectively in her arms.
Yet two witnesses, a paramedic and a police officer, said Ms. Graham took full responsibility for the injuries to her child.
Erie police Lt. John Ayers testified that she admitted picking up Jarron by the waist and swinging him as a weapon against her boyfriend.
"She said she snapped," Lt. Ayers said.
On cross-examination, Lt. Ayers said he found that Ms. Graham had received a serious facial injury when her boyfriend punched her in the eye. But, the lieutenant said, she claimed Mr. Troop struck her only one time, in a moment of rage after realizing she had injured their baby.
Mr. Williams asked the lieutenant if Mr. Troop had been charged with assault. Lt. Ayers said he had not. Police did not pursue the matter because Ms. Graham did not want her boyfriend prosecuted, Lt. Ayers said.
Lt. Ayers also said he had not been able to interview Mr. Troop, who refuses to talk to police.
Mr. Williams argued that the charges against Ms. Graham are based on a myth, not physical evidence. Holding a baby at the midsection and swinging him would not have caused the severe head injury that Jarron received, he said.
He said Ms. Graham has been abused by men for years, and she is so beaten down that she takes the blame for their violence, even when they hurt her or her kids.
"This is a woman who did not tell the truth to protect her abuser," Mr. Williams said.
Assistant District Attorney Raquel Taylor countered that Ms. Graham's own admissions and the child's injuries show that she hurt him.
District Judge Suzanne Mack ordered Ms. Graham to stand trial on charges of aggravated assault, simple assault and reckless endangerment.
But the judge, on a plea from the defense, reduced Ms. Graham's bail from $75,000 to $7,500. Even so, Mr. Williams said, Ms. Graham has so little money and property that she might not be able to post bail and gain her freedom.
