Upstate lawmakers want to increase the punishment perpetrators face when charged with homicide by child abuse of victims between 11 and 18 years old.
Under South Carolina law, children 11 and under can be counted as victims of homicide by child neglect with the accused facing at least 20 years up to life in prison, but if the victim is older than 11, the accused could be tried for murder, neglect, or involuntary manslaughter which are more difficult to prove and maximum sentence as little as five years, according to prosecutors.
South Carolina Senate President Thomas Alexander (R-Oconee) and House Rep. Travis Moore, (R-Spartanburg) have proposed a bill, H.bill 3394, to up the age of victims covered by the homicide by child abuse law first passed in 1992.
“We’re just trying to fill that gap where we have children who are not currently covered and potential victims who are not currently covered under the law. This bill will protect the children who fall in this gap right now,” Moore said. “Those who are victims of homicide by child abuse, but the facts and circumstances of their cases may make it difficult for a solicitor to prosecute the perpetrator for murder.”
Two recent Upstate cases expose the limitation of the state’s homicide by child abuse laws, prosecutors said.
In Cherokee County, David Eugene Baynard, 55, and Bobbie Jo Baynard, 45, were found guilty in October of murder, felony child abuse, and unlawful neglect in the death of their 14-year-old special needs daughter, Heather Baynard.
The living room of Heather Baynard’s house
In Laurens County, Shawnetta Faust, 38, and Barkee Fausta, 40, pleaded guilty on Oct. 28 to involuntary manslaughter and neglect leading to the death of their 12-year-old special needs daughter, Ashantae Unique Glenn.
“When you have caregivers or parents that have a special needs child between 11 and 18 that died from neglect, the state is having to prove murder and a level of malice compared to simply just them not taking care of their children,” 10th Circuit Solicitor Barry Barnette said. “Even where it’s quite obvious they (caregivers) don’t care whether or not the child lives or dies.”
Challenges for prosecutors
There has to be a motive and premeditation when prosecutors try a murder case, Barnette said, which presents challenges when it comes to trying neglectful and abusive caretakers.
“It’s extremely hard to prove malice because most people want to believe that the parents are going to do the best thing for their children and that’s human nature. You will always feel like the parents are going to protect the child, so you have to overcome that perception,” he said.
Barnette said he had medical testimony to show the Baynards purposefully did not give Heather the care she needed. He said without the testimony, he wouldn’t have been able to seek a murder conviction.
“A lot of the times we can’t prove that neglectful child abuse reached the level of malice so it’s hard to give them true justice when they die from child abuse alone,” Barnette said.
David M. Stumbo, the 8th Circuit solicitor who prosecuted the Fausts, said it’s tough settling for a maximum of a five-year prison sentence for defendants who caused their child’s death.
“It was going to be an uphill battle and it’s really hard,” Stumbo said. “Child abuse is the most important case we do, so it is heartbreaking that we have to plead it down to something less than homicide.”
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He said the gap in the homicide by child abuse law affects minors with special needs more than anyone else due to that child being more vulnerable and reliant on their guardians despite being above the age of 11.
“I think it’s an easy fix in the law to change the age so we can protect kids in that age group. There are some kids that are very vulnerable, that have physical and mental disabilities. Past 11 years-old, they’re not protected by statute despite being the most vulnerable, it’s very frustrating,” Stumbo said.
The Bill itself
Alexander first introduced a bill to bring the minimum age up to 18 in 2023.
The proposal made it out of the Senate on a unanimous vote but eventually died in a House committee.
Moore said the deaths of Glenn and Baynard could help prioritize changing the homicide law.
“There’s been several cases around the state that have drawn some public attention to the law,” Moore said, “and that’s what’s changed since last year.”
This article originally appeared on Herald-Journal: Lawmakers propose bill to close gap in SC homicide by child abuse law