People v. Pettress CA4/2

BACKGROUND

Evelyn G. (age 9), and her younger siblings J. (age 6), O. (age 5), T. (age 3), his

twin Ja. (age 3), and baby Od., were dependents of the juvenile court. They were

removed from their parents’ custody and were placed in the home of Duree and Lafayette

Pettress2 in March 1995, under oversight by Child Protective Services (CPS). Duree is

the biological aunt of the children, the sister of their father.

On the evening of December 6, 1005, Duree and Lafayette ordered pizza. T. and

O. had gotten into trouble so they had to stand in the corner of the room on one foot, with

their hands in the air, and they were not allowed to have pizza. This was a typical

punishment for the two boys, who were treated more harshly than the girls.

On December 7, 1995, the next morning, T. got up and ate a piece of pizza. Duree

jumped up and grabbed him, and then dragged him into the bathroom. J. followed Duree

to the bathroom. Duree told T. to spit up the pizza. Evelyn, who was ironing clothes to

wear to school, heard Duree yell about the pizza being eaten and that it should not have

been eaten.

T. did not spit up the pizza, so Duree commenced “stomping” him in the stomach,

while…