People v. Rowe CA5

STATEMENT OF FACTS

A. PROSECUTION’S CASE IN CHIEF

1. Initial Response and Attempts to Save Peyton’s Life Late in the evening November 12, 2012, police officers and paramedics were dispatched to a residence in response to a report of an unresponsive infant. Paramedic Johnny Rieke arrived and found appellant performing CPR on the infant, appellant’s 47- day-old daughter Peyton, who was lying on the floor. Rieke picked Peyton off the floor, did not feel a pulse, and found her to be “pale, cool, with no signs of life.” Rieke began chest compressions while transferring Peyton to an ambulance and continued chest compressions enroute to the hospital, but Peyton showed no change. Rieke noted some bruising on the left side of Peyton’s face. Peyton’s mother, Courtney J.,2 went along in the ambulance. When Peyton arrived at the hospital, she did not have a heartbeat and was not breathing. All life saving measures—continued CPR, an intubation tube placed into her airway, an IV placed in her right foot to deliver medications and fluids, another IV placed in the subcutaneous tissue on her head, and an interosseous catheter placed into the bone on the top of her right shoulder—were…