Justin Riggs

Following a strenuous two-day trial in Marshall County, jurors found Justin C. Riggs, 23, of 558 Kappel Street, New Martinsville, guilty of child abuse resulting in serious bodily injury and malicious assault for inflicting injury to his month-old daughter, Sabrina, fracturing her skull and causing irreparable, life-long damage to her development.

Jurors heard testimony from several witnesses and deliberated for nearly two hours before reaching their unanimous decision Tuesday. Following the reading of the verdict, Riggs was cuffed and remanded to the Northern Regional Jail to await his sentencing hearing date which will be scheduled in the near future by Judge Mark A. Karl, who presided over the trial.

Jury selection began Monday morning and was finally selected that afternoon. Opening statements from Assistant Prosecuting Attorney Carl “Worthy” Paul began at roughly 2 p.m. when he opened with telling jurors the evidence before them would be that on or about Feb. 18, 2010, a 29-day-old infant stopped breathing. Following a 9-1-1 call, this baby, Sabrina Riggs, was transported to Wetzel County Hospital, then transferred to Ruby Memorial Hospital in Morgantown for life-threatening injuries.

“Her head was crushed,” Paul stated as he told jurors the last person with her was the defendant. “The last person with this normal, healthy baby, was Mr. Riggs.”

Defense Attorney Brent Clyburn then gave his opening statement asking the jury to pay attention to the facts of the case. He told jurors they would hear expert opinions by qualified medical professionals, but to be aware that the same case was made against the defendant’s wife and that furthermore, she pleaded guilty to child abuse resulting in bodily injury on July 25 in Wetzel County Circuit Court.

“That one blow suggests one person,” Clyburn began. “One person has already pled. Keep that in mind as we go forth.”

Judge Karl then read a stipulation to the jurors that stated the infant was not suffering from life-threatening injuries until a time on or about Feb. 18, 2010, after the parents returned to their residence that evening, and that the infant suffered life-threatening injuries on or about the same date before a phone call was made to 9-1-1 by the defendant.

The state called its first witness, Detective Donnie Harris of the New Martinsville Police Department. As investigating officer to the case, Harris gathered evidence including the 9-1-1 recording obtained from the Wetzel County 9-1-1 center which he played in open court. The recording showed the defendant calling in a distressed voice for help for his daughter who had suddenly stopped breathing.

Then Paul played the taped interview he had with the defendant at Ruby Memorial Hospital on Feb. 19, 2010. Harris described Riggs’ demeanor as “calm” at the time of the interview and confirmed to the court that no threats or promises were made to Riggs at any point in the interview, nor was he ever under arrest or restricted. A DHHR professional was also present for the interview.

According to Riggs’ statement, the family had spent the day at his grandparents’ and arrived back home around 9 p.m. At the beginning of the interview Riggs only stated he was playing with his daughter in the bedroom and that she was fine. Later he left the room for a brief moment and found her not breathing. All the while his wife was in the front living room.

“Did you do anything to the baby?” Harris asked on several occasions throughout the interview, to which the defendant stated “No” and “I would never hurt my baby” repeatedly. Throughout the questioning, Riggs continued to deny any harm done to the child. “I know what it looks like, but I swear I didn’t do it,” Riggs is also heard saying.

However, as the interview went on, Riggs began slipping in details, citing that he’d bumped the car seat in the car with the baby in it recently. Then later he began opening up, saying he had possibly bumped her head on the crib railing that evening while bending over to grab a pacifier in the crib.

“The baby deserves for you to tell the truth,” Harris is heard saying. “You definitely know what happened,” he affirmed as he told Riggs the injuries suffered couldn’t have occurred from a little bump on the head.

Harris then asked Riggs if he would cover for his wife, to which Riggs replied “No.”

Clyburn began his cross examination by accusing Harris of making Riggs believe he wasn’t able to leave during the interview, citing that Harris became more aggressive and accusatory toward Riggs and said he wasn’t leaving the room until he got what he considered to be the truth. “I said it in the fact that I wasn’t going to leave the hospital without knowing the truth,” Harris responded.

Clyburn then asked if Harris had any children and if they’d ever been hurt while in his care. Harris replied yes to both. Clyburn then asked if Harris ever replayed the events leading to an injury and blamed himself. Harris stated he couldn’t say for sure. Clyburn affirmed that people do tend to blame themselves.

Addressing another aspect to the case, Paul questioned Harris regarding the events leading to Riggs’ arrest months later on Dec. 1, 2010. Harris testified officers received a call from a Mr. Lewis stating Riggs was at the house getting ready to leave. Lewis later stated the defendant got into his uncle’s vehicle and left the residence. The uncle, Mitchell Gonzales, was interviewed saying he had dropped Riggs off and at that point officers drove to a railroad crossing to see if he was there, where it appeared he had jumped on a train. CSX was notified there may be a passenger on the train that was crossing at the time. After this ordeal Riggs was eventually arrested by Patrolman Friend Estep.

Regarding this alleged flight by Riggs, Clyburn asked Harris if the defendant ever tried to flea the state in the nine months between the incident and his arrest, to which Harris said “No.” He then asked if Harris knew that H. John Rogers (Riggs’ attorney at the time) had called the police department to coordinate a self surrender to which Harris said that issue was debatable. Furthermore, Clyburn asked if Harris had made contact with Riggs prior to his arrest wherein Harris said he had not. “So you can’t say he tried to flea from law enforcement,” Clyburn affirmed. Harris replied that another officer saw him jump on the train, but when asked if Riggs ran from Harris, he replied “No.”

Joshua Lewis was then called by the state to testify. In his recollection of Dec. 1, 2010, Lewis said Riggs came to the house, parked his car, and said he was going to go to a bondsman and turn himself in. “I just know he left so he wouldn’t be arrested,” Lewis concluded.

Gonzales then testified the defendant had called him saying he wanted him to pick him up to go to the police department. “Did he know he was going to be arrested?” asked Paul. “Not that I know of,” Gonzales replied. Gonzales added that en route to the police department there was a train on the tracks, wherein Riggs exited his car.

The state called Patrolman Estep to the stand wherein he stated Harris was looking to arrest Riggs and that another subject had called in reporting possible locations. One of the last locations noted was what is known as the swimming hole in the Brooklyn area of town. Estep said he went to the other end of that area to look for Riggs.

Noting a train had just gone by, Estep said his first assumption was that Riggs was on the train. He watched the gaps under and between rail cars and didn’t see any sign of Riggs, however he said a pair of feet showed up out of nowhere. He then waited for the train to clear and saw a young man walking toward Gonzales’ residence. Estep said he called out for Riggs and the subject stopped and turned around, then Riggs walked toward Estep.

Clyburn asked if Riggs ever resisted Estep, to which he said “Other than the train, no. He followed my instructions.” Clyburn speculated Estep could have been the first officer to engage with Riggs, to which Estep agreed it could be possible, noting, “My understanding was Riggs was to remain at his residence, but that he had gotten in a car.” However, with that in mind Estep reiterated Riggs gave him no problems.

Reverting back to primary matters, the state called New Martinsville Volunteer Fire Department Assistant Chief Cris Jenkins to testify on his involvement with Sabrina Riggs. He stated he was paged for a non-breathing infant and was the first to enter the Riggs home where he saw the defendant holding the baby and a phone. Jenkins stated the baby “seemed lifeless in his arms.”

Jenkins began life-saving measures, giving rescue breaths. Unable to find a pulse, he proceeded to perform CPR on Sabrina until others arrived. Once in the ambulance, Jenkins said oxygen therapy began on the baby.

“Were you told of any injuries?” Paul asked. “No,” said Jenkins. “All I knew was the baby wasn’t breathing.” Paul followed up asking if Riggs told Jenkins the baby’s head was hit, to which Jenkins said “No.” Furthermore, Paul asked if having that information would have been helpful or make a difference. Jenkins replied strongly in the affirmative.

Clyburn cross examined Jenkins, asking if he noticed any trauma to the child to which Jenkins said “No” and that he was focused on responding to the chief complaint and getting breaths to the baby.

Day two of the trial commenced the following morning with the state calling Dr. Michelle Hess to testify. In her profession, Hess participated in the care of the baby following birth and confirmed for the court that Riggs was overall a healthy baby. Hess noted only that the mother had had gestational diabetes and that the child had a soft heart murmur which was relatively common. When asked if there was head trauma, Hess affirmed she routinely examines for trauma and did not find any.

Dr. Ibanga Ekanem, a specialist in Pediatrics, testified he had examined Sabrina during a routine checkup on Jan. 27 and also confirmed Riggs was a “well child.” He said she showed some jaundice but otherwise she was normal and saw no signs of head trauma.

Then Dr. Alex Ambrose, a physician at WCH, shared his recollection of Feb. 18, 2010. When Sabrina arrived at the hospital Ambrose realized the situation was “extremely serious” and started to inteubate her. Sensing further specialized care was needed for the infant, Ambrose called a pediatrician at Ruby Memorial Hospital, wherein that pediatrician stated it was obviously a case of trauma.

When asked if he observed trauma, Ambrose said when he saw the child she was lying down. “I didn’t notice trauma initially,” Ambrose said. “My part was purely to stabilize her.”

Paul bluntly asked if Sabrina received head trauma in the ER, to which Ambrose sternly said “No.”

Sheila Davis was called to the stand. Employed as a flight nurse she testified she was called to transport Sabrina from WCH to Morgantown. “When you first received her, did you observe head trauma?” Paul asked. “No, it was initially reported as a breathing issue,” said Davis.

Paul asked if any trauma occurred while under her care, to which Davis said “No.” She went on to say that during transport the baby exhibited signs of neurological injuries.

Sabrina was transported by Air-Evac Life Team until fog hit hard along the way to Morgantown. Because of weather conditions the helicopter turned around and Sabrina was transported by ambulance wherein she was then air-lifted by Stanton MedEvac in Washington, Pa., to Morgantown.

Clyburn asked further about noticing trauma, to which Davis told the court that the baby did not show any outward signs of brain damage, only neurological signs.

A flight nurse with Stanton MedEvac testified that the infant had battle’s signs such as bruising behind the ears and right temporal bruising. He further stated such marks were signs of skull injury. During the testimony Paul also confirmed no trauma was caused while under his care.

Clyburn confirmed with the witness that he was the one to notice head trauma, however there was no drainage in the ears.

The most highly-anticipated witness then took the stand: Rigg’s wife, , Amanda D. Riggs, 23, also of 558 Kappel Street, New Martinsville. Paul asked “Did you cause those injuries to your daughter?” Amanda Riggs said “No.” “Do you know who did?” he followed, to which she again said “No.” Paul then asked who the last person was to be with Sabrina before the injuries, wherein she replied her husband was the one last with her. She further testified there were no bumps on the baby’s head that she knew of and that her health was good.

Paul then asked why the witness was dressed in all orange. “I pled guilty for not giving proper treatment,” she said. “Did you injure your baby?” Paul again asked. “No,” she reiterated.

Clyburn then cross examined Amanda Riggs, asking if she noticed any loud noises or other disturbances from the bedroom where Riggs was with the baby. She said “No.” “Do you know what happened to Sabrina that night?” Clyburn asked. “No,” she said again.

Clyburn then asked if she had any reason to believe her husband would hurt their child to which she again replied in the negative, noting Riggs was happy when he found out she was pregnant with Sabrina and acted as a father figure toward her son.

Then Clyburn inquired about why the witness pleaded to child abuse resulting in serious bodily injury. “You understand that pleading means you abused Sabrina?” Clyburn asked. “Yes,” she said. However, Amanda Riggs went on to say she pleaded guilty, but didn’t do it. Clyburn asked who had the most opportunity to harm the child, given the fact that she cares for the children at home while Riggs works. Amanda Riggs agreed she had the most opportunity. And when Clyburn asked, “Are you actually guilty of the offense?” Amanda Riggs said, “Yes.”

According to plea information, Amanda Riggs stated “the baby got injured and we didn’t provide proper care. The baby was injured while under my care.” With that Clyburn asked, “You abused the child, didn’t you?” Amanda Riggs however said, “No,” and that Sabrina was in the care of both her husband and herself. “So you lied to the court?” asked Clyburn. “No,” she said.

“Who would take the blame for something they didn’t do?” Clyburn asked. “I guess me,” was all Amanda Riggs could say.

“Throughout this long process you’ve never said Justin did it,” Paul redirected to the witness, who said that was because she doesn’t know for sure. Paul then clarified, “You didn’t mean she (Sabrina) was in your care while her head was injured.” Amanda Riggs said that was correct. Paul affirmed for the court that Riggs’ wife entered her guilty plea because she didn’t give proper medical treatment following the injury.

The state called Sharon Andrews, a physical therapist specializing in Pediatrics. Andrews, who is working with Sabrina Riggs, told the court the baby has little control over movement and has a seizure disorder which prevents development. Paul asked what the baby is able to do at this point, to which Andrews said Sabrina Riggs could do nothing for her age, that being 22 months, and that she did not anticipate Sabrina being able to crawl, walk, or stand without support.

The state then called Dr. Melvin Wright, who works in Pediatric intensive care at Ruby Memorial Hospital. Specializing in intentional and accidental trauma, Wright said he knew from speaking with WCH on the night of the injury that the baby needed a higher level of care that their hospital provided.

Upon Sabrina’s arrival in Morgantown, Wright said there were Battle’s signs such as bruising behind the ear which was frequently associated with a fracture at the base of the skull. However, more seriously, Wright said there was a sponge-like feeling near the bruising because blood was pooling between the bone and skin. A CT scan showed the blood collected at that area was from ruptured blood cells in the head.

When asked what care Sabrina was given, the witness said they ensured the breathing apparatus was correctly placed and drew blood for the labs. He noted he was shocked to find the baby’s blood heavily diluted to the appearance of dark red Kool-aid which indicated her red blood cells were low due to the blood loss in the brain and scalp. Furthermore, CT scans shocked both Wright and other surgeons as they discovered the severe level of injury Sabrina’s brain and skull sustained. Wright then said he was concerned with swelling in the brain.

“I’m convinced these are the result of blunt force trauma,” Wright resolved, saying Sabrina’s head was struck with “something hard and unforgiving.” He went on to describe the injuries as the result of aggressive and purposeful force, not of an accidental bump. He added the baby could not have caused such brain injury herself.

Wright went on to say that because of the sustainable damage he did not expect the baby to survive, however he noted “she will suffer with this for the entirety of her life” likely through visual and hearing impairment, seizures, and developmental delays. Notably, the doctor did say she was able to feed and breathe on her own, which he did not expect her to be able to do. However, with that said, he added she does not clear secretions as needed, which could cause serious problems also.

Regarding the time span of the events, Wright stated it was normal that bruising didn’t become evident for several hours. However, he said her neurological signs were immediately obvious and that head trauma usually leads to unconsciousness and other problems. Paul asked if Wright believed head trauma was the cause of the stopped breathing, to which the doctor said “Yes.”

Wright also shared CT images with the jurors to better illustrate the damage done to the baby. Several fractures were evident and suture lines were wide apart due to brain swelling. Furthermore, the scans showed discoloring in the brain which was evidence of a “devestated brain” and that ventricals were pinched off. He also showed an image of the baby’s retinas which suffered numerous hemorages which are also consistend with a non-accidental injury. The doctor concluded there was no question in his mind that this injury was non-accidental.

During Clyburn’s questioning, Wright underlined the injury sustained would have rendered the baby unconscious immediately and cause changes in breathing. He added he believed the injury to be caused by a single blow to the head.

After a long afternoon of testimony, the state rested and the defense chose not to call any witnesses. At that point closing arguments were made by both parties, wherein Paul emphasized that the jury was Sabrina’s only voice. He alluded to Riggs first denying everything to Detective Harris, then later admitting to bumping the baby’s head. Regarding Riggs’ suspected flight from police, he said, “The point of fact is that had the police not been there, he wouldn’t have turned himself in. He was running away.”

Paul went on to underline that Sabrina was a healthy baby and that Riggs was the last individual with the child, and the first one with her when she stopped breathing. “What this man did to an innocent child is wrong,” Paul resolved.

Clyburn closed by reminding the jury of Amanda Riggs’ plea. “If one person inflicted the blow, and one person came before the court and pleaded guilty to inflicting that blow, then why are we here?” Clyburn asked. He went on to say that he believed the state was attempting to turn Amanda Riggs’ plea into one of child neglect, but he reiterated she pleaded to child abuse, which meant inflicting injury upon a child.

Clyburn then shared with jurors how many people ask him how he can defend criminal defendants. Regarding this case, Clyburn said he believed he was the last bit of hope for Riggs over an “overreaching state and government.”

Regarding the suspected flight, Clyburn was resolved that since Riggs did not flee in the nine months between the incident and the arrest, that he was in fact going to turn himself in, but that police only assumed he was fleeing.

“One blow, one person, and somebody’s already admitted to it. It is hoped you don’t displace that in your mind,” Clyburn concluded.

In his final rebuttal, Paul emphasized to the jury that Amanda Riggs never said she injured her baby.