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Last updated on Wednesday, April 25, 2018
(BEDFORD) - A Norman man who was sentenced to 16 years after he was found guilty of injuring a toddler will get a new trial.
Superior Court II Judge Williams Sleva sentenced 25-year-old Chris Hawkins in August to 16 years in prison with one years suspended.
But because of a jury instruction error during the trial, the Indiana Court of Appeals ruled Hawkins will received a new trial. No new trial date has been set.
Hawkins was arrested in July 2015 on charges of battery resulting in serious bodily injury to a person less than 14 years of age. The victim, an 18-month-old boy, was treated at Riley Hospital for Children in Indianapolis for trauma to his head and retinal bleeding. Indiana State Police detectives say the boy had both new and old bruising.
Hawkins says the child was injured after tripping over a vacuum cleaner. However the doctor that treated the toddler says the child's injuries included retinal hemorrhages, multiple bruises to his face, forearm and the area above his penis. The doctor described the injuries at "characteristic of severe physical abuse with abusive head trauma."
Defense attorney David Shircliff appealed the conviction saying the court did not add a jury instruction regarding "reasonable theory of innocence" in relation to circumstantial evidence meaning the child could have received the injuries from tripping over the vacuum cleaner. Shircliff argued that Dr. Tara Harris, a physician at Riley, testified for the prosecution that the injuries could not have occurred from a direct fall and that the court and prosecution interpreted that testimony as direct evidence that Hawkins caused the injuries.
The interpretation led to the lack of jury instruction regarding "reasonable theory of innocence," which is required for circumstantial evidence. However, the defense argued that just because the child was injured and Hawkins was present, it doesn't mean one should automatically conclude that Hawkins caused the injuries.
Judge Mark Bailey of the Indiana Court of Appeals agreed with Defense attorney Shircliff a "reasonable theory of innocence" instruction should've been given because the evidence was circumstantial and not direct.
"Because the trial court abused its discretion by failing to give the reasonable theory of innocence instruction to the jury and that error likely impacted Hawkins' substantial rights, we reverse the trial court, vacate Hawkins' conviction and remand for a new trial," Judge Bailey wrote.
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