I am so sorry to learn of Dabney's passing. When Gilmore polled the jury afterward, all twelve members stated that they had found Hannah guilty of capital murder by omission for not acting quickly enough to save Andrew; none believed that she had poisoned him. The defense presented the jury with a medical mystery. Disclaimer: We created this website to give you general information about a variety of criminal offenses and possible defenses that might apply to those charges. Gilmore urged Hannah more than once to agree to have the jury consider a lesser charge, but she was uneasy with what she perceived as an underlying suggestion of wrongdoing. At Sunday school, he became more expressive, stringing words into sentences and holding hands with his new sister Ally. The Overtons are nurturing, loving, patient, and very family-oriented, an adoption supervisor noted in her paperwork. Not the brightest thing to do, Larry conceded. 24/7 coverage of breaking news and live events. Estelle and John If someone was trying to murder Andrew, they would have restrained him and prevented him from drinking water, Moritz subsequently wrote in an affidavit. A Right-wing Cabal Took Over Odessas Municipal Government. It was like they were arresting Bonnie and Clyde, Gilmore said. I shall miss him greatly. And how had she forced him to choke down the lethal slurry through a sippy cupa drinking container that is, by design, able to release its contents only when sucked on? Regardless of how much food he consumed, he complained that he was hungry. When a four-year-old from Texas died mysteriously of salt poisoning, his foster mother, Hannah Overton, was charged with capital murder and sent to prison for life. I knew Dabney as a friend of my daughter, Stephanie. If he had Downs, that was the blessing that God had chosen to give us, Larry said. I miss everything, she later wrote to me. Witnesses outside the home said they had seen Andrew's bizarre habits, too. The following week, Hannahwho had no history with CPS and no previous arrests, and had never had so much as a parking ticketwas charged with capital murder. Sadly she lost her . Being in the Overtons home had afforded Werkhoven an intimate view of the family. But after Hannahs conviction, the DAs office offered him several plea deals, each of which required him to acknowledge that he had intentionally caused Andrews death. Overwhelmed, the Overtons sought guidance in prayer. Fire Ants Have Unleashed Chaos in Texas for Decades. They chattered about an upcoming birthday party and discussed the merits of their favorite colors, finishing each others sentences between slurps of soup. Or had the tragedy claimed its second victim? She is amazing!". Still, the overall impression was a damning one. I may harbor doubts, but a jury heard this case and made a decision, and everyone has to respect that decision, he told the Express-News. On October 2, 2006, 29-year-old Hannah Overton and her husband, Larry brought Andrew Burd, their four-year-old foster son whom they were in the process of adopting, to a hospital in Corpus Christi, Texas after the boy stopped breathing. Hannah was less impressed, given that Larrywho, at sixteen, was an enthusiastic fan of Christian punk rockwas sporting a nose ring and a blue mohawk. I feel honored to have shared his presence. Before she was led away in handcuffs, the couple embraced for several minutes, overcome with emotion. Instead we were arrested.. Cynthia Hujar-Orr, Gerry Goldstein and John Raley were apart of Overton's appellate team that helped overturn the . And anyone who loves dogs as much as Dabney did is a special soul indeed. Hannah managed to clean him up, but when she reiterated that he would have to wait until lunchtime to eat, he defecated on the floor again. Larry turned them down. Guest Book Not sure what to say? Despite all the pain, she told me that if she could do it over again, she would not change their decision to bring Andrew into their home. I feel so fortunate to have spent time with him. Jonah Lee Overton Obituary It is with deep sorrow that we announce the death of Jonah Lee Overton (Charlotte, North Carolina), who passed away on January 21, 2023, at the age of 92, leaving to mourn family and friends. We truly thought his obsession with food was a behavioral issue, not a medical one, Larry said. He was a great classmate and teamate at St Christopher's. . Beginning next year, she will also receive an annuity. Take it one day at a time. The Carvers, like most members of Calvary Chapel, never doubted her innocence. Against the backdrop of possible abuse, authorities wasted little time. movie nights, waking up to their beautiful faces. The Court of Criminal Appeals is currently reviewing her writ, which contends that the information about Andrews gastric contents are grounds for a new trial. We loved him and will miss him. It seemed to me, based upon the wording of the charge, that we had no choice but to find her guilty of capital murder. But, Warfield added, I do not believe that Mrs. Overton knew that her actions (or lack thereof) would kill Andrew Byrd [sic]. The families shared an unofficial open-door policy, and when Andrew had begun acting up the previous afternoon, Hannah had called Haller for help, asking if she could look after Sebastian for a little while. Andrews preoccupation with eating intensified, and he began getting out of bed at night to forage for food in the kitchen. "We are over the top in love with our new blessing! It was a catastrophic decision. Overton had to have a blood transfusion and her new. I am truly shocked and saddened to hear of Dabney's passing. Lane and her children moved to the East Texas town of Lindale, where a missionary organization, the Calvary Commission, allowed them to live in a modest apartment on its grounds free of charge. She is awakened every morning at 2:45 a.m., rarely sleeping well; the overhead light above her bed never shuts off, and announcements blare throughout the night over the loudspeaker. But what Ive realized is that I can trust his heart, even though I dont understand his plan. The reality that Hannah, who is 34, may spend the rest of her life in prison for capital murdera sentence usually reserved for violent criminals who pose a continuing threat to societyis one she is still struggling to understand; even harder to grasp is the possibility that she might never be reunited with her children. He was good to everyone he met. Every Easter and Christmas holiday was spent at the Reynosa orphanage, whose wards were primarily the unwanted children of prostitutes who worked the nearby red-light district. Sitting in the courtroom, she tried to explain how she had failed to recognize that Andrews condition was life-threatening. It is unclear, read the courts ruling, whether the state actually knew of Dr. Cortess opinion. The court also ruled that the wording of the jury charge was free from error. The Texas Court of Criminal Appeals declined the opportunity to reconsider the decision. Once a month, Larry loads the kids into his van and they make the trip together, although on those visits, no contact is allowed. Orr forwarded the paperwork to a leading expert on salt poisoning, Michael Moritz, and asked him to explain its significance. She left nursing behind, channeling her energy instead into raising the large family she had always wanted. You can send your sympathy in the guestbook provided and share it with the family. Much loved daughter of Andrew and Susan, dearly loved sister of. It is unlikely that any intervention would have made a significant difference as Andrew had already taken the most critical step to save himself [by consuming] copious amounts of fluid, he wrote. In the classes they had been required to take by CPS to become adoptive parents, they had been warned that foster children often hoarded food and were more likely to have eating disorders. May God wrap his loving arms around you until we meet again. To Plant Memorial Trees in memory, please visit our. The salt poisoning case earned international attention because many believed she was wrongfully convicted and her story was featured in the 2017 documentary, Until Proven Innocent. ABC News has followed Overton's and her husband's story since her original 2007 trial. Another nurse, Dina Zapata, remembered Hannah smirking as she tried to resuscitate him. But the damage was done: that Hannah had confessed to force-feeding Andrew and beating him was repeated, uncorrected, on the local news. In Marchshetold ABC News she would receive nearly $600,000 in compensation, along with other benefits, though she acknowledged no sum could give her back the years of freedom she lost. He defecated on the floor of his bedroom, then smeared feces on the bed, the dresser, and the walls. An attorney-client relationship will arise between you and our firm only if we specifically agree to act for you. I am so sorry to hear about Dabney. The doctor had been the on-call emergency medicine physician at Driscoll the day that Andrew arrived, and he had resuscitated the boy as he was transported to the intensive care unit. If she had taken Andrew to the hospital earlier, what would she have taken him in for? Andrews behavior worsened that September, after the family was involved in a car accident. Receive obituaries from the city or cities of your choice. The Overtons live in East Texas and told ABC News they have housed and supported prisoners after their release through their non-profit organization, Syndeo Ministries. Hannah Overton, a Corpus Christi homemaker and mother of five, was convicted of capital murder in 2007 for the death Andrew Burd, the four-year-old boy she and her husband were in the process. But Rotta was alarmed by his overall appearance. Loose teeth, first day of kindergarten, last day of kindergarten. Looking for any information that might bolster the appeal, Orr requested access to the prosecutions case file. Hannah did describe how she and Larry had at first tried to treat the boys symptoms themselves, often volunteering more information than the detective had asked for. I was blessed to know him, and his family is in my prayers. Short on time as the trial drew to a close, the defense had asked Moritzwho needed to return to Pittsburghto sit for a videotaped deposition; when the deposition ran long and could not be completed, the defense was unable to enter it as testimony. As a frequent witness for the state in child abuse cases, Cortes was not in the habit of reaching out to defense attorneys, but he was so angered by the verdict that he picked up the phone. Moritz is the clinical director of pediatric nephrology at the Childrens Hospital of Pittsburgh, where he specializes in childrens kidney diseases. DABNEY OVERTON OBITUARY OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Emma, the youngest, trailed behind them with a doll, occasionally running inside to bang on the piano. Dabney was born on July 31, 1963 and grew up in Essex County, Va. OBITUARY - HANNAH OVERTON (HUNTINGDONSHIRE) Bowls England regrets to inform you that former Women's Junior International captain Hannah Overton passed away on 23rd December at the age of 28, after. The Overtons had to remain at the Carvers home, where they had been staying to avoid the camera crews that were camped out on their own doorstep, and they were never to be left alone with the baby. I asked Hannah if her faith had been shaken by Andrews loss and the suffering that she and her family had experienced. I believe that the same God who made him is with him now in the most immediate sense. I figured, Well, weve got to start with one, so lets see how far we get. Isabel, and then Ally, followed. When I first learned Andrew had died, I was angry, he explained to me. What a shock and a life cut too short. Hess and a group of CPS workers were standing in the back with dark glasses on, their arms crossed, scowls on their faces, Carver said. (A former pastor of Hannahs had advocated reprimanding children when they were dishonest by putting a single red pepper flake on their tongues.) Then District Attorney Mark Skurka dropped the case. They also discovered that Hannah was pregnant again. Does anybody remember that? As a former private-duty nurse, Hannah felt equipped to handle the challenges of a foster child; she had spent several years caring for special-needs children, some of whom were profoundly disabled. "God is so good!," Overton wrote in the social media post. Other witnesses testified that they had detected signs of abuse. He called Hannah and Larry Mommy and Daddy, and he followed Larry everywhere he went, often stepping on Larrys heels as he trailed after him. My husband enjoyed sailing with him at FBYC and running into him during a few running events in Richmond. A pediatric critical care specialist who treated Andrew at Driscoll, Alexandre Rotta, grew equally troubled. The Overtons already had four children, and Larrys incomehe installed landscape lightingwas barely enough to make ends meet. Ill put it this way. . We know that Hannah R. (Saem) Overton had been residing in Texas . AP. Overton spent seven years in prison for the murder of a young foster child that she says she didn't commit. It was very tense. I kept denying that Hannah could do such a thing, she told me. Find the obituary of Hannah Mason "Tess" Overton (2019) from Gunnedah, NSW. Larry Overton was also charged with murder, but after his wife's conviction, he was offered a plea deal and was given probation. It was while watching the monitor that Hannah saw him trying to eat part of his foam mattress and paint off the wall. (Both carry shorter sentences and differ from capital murder on the issue of intent; a motorist who hits and kills someone while driving too fast is often deemed to be criminally negligent in that he did not set out to take a life but was aware of the danger of speeding.) May your memories bring you comfort. Mr. Overton was a U. S. Army Veteran and a member of the First United Methodist Church in Bryant. Some people love stray animals, remembered her mother, now remarried. Anyone who knew Dabney loved him. If you would like to discuss your case with an attorney at Goldstein & Orr, then please contact us to schedule a consultation. In May 2017, Nueces County District Attorney Mark Gonzalez officially declared Overton innocent in the death of 4-year-old Andrew Burd, the child Overton and her husband, Larry Overton, were in the process of adopting before he died more than 10 years ago. The detective had been alerted to Andrews grave condition when the boy was transported to a nearby hospital the previous afternoon and, as was protocol, had begun looking into the circumstances surrounding the boys unusual and rapid decline. We thought that he would stop turning to food for comfort when he learned that he could trust us. To try and curtail Andrews compulsive eating, they put him in time-outs, though to little effect. Those charges were not considered double jeopardy because Overtons conviction was overturned by the higher court on the basis of ineffective counsel, which granted her a new trial. I am so sorry to hear of Dabney's sudden passing. Its about trusting God and seeing how he is a god of redemption and restoration, she said. Dear Overton Family and Friends of Dabney. His other passion was his beloved dogs. Andrew accompanied his foster mother to services every Sunday, and with his thatch of blond hair and beaming grin, he was hard to miss. Cortes believed that Andrews death was accidental. In the context of a criminal investigation, the calm that she had always exhibited in the midst of crisis was suddenly a liabilityan indication, perhaps, that she was cold-blooded enough to have killed a child. Sifting through it one afternoon, Orr came across documents she had never seen before, which showed that Andrews stomach contents did not have an elevated amount of salt when he arrived at the urgent care clinic. I also could never begin to thank those who supported us, prayed and prayed for us, and walked with us along the entire way, Overton said. My thoughts and prayers are with you and your family. They had also watched the video of Hess questioning Hannah, during which she described calling a paramedic friend in Oklahoma for guidance when the boys condition deteriorated, and even using her cameras flash to check if his pupils were reactive, but never calling for an ambulance. My two boys will remember him always as "that tall man with the super cool motorcycle". Echovita Inc is a registered trademark. Our thoughts and prayers are with you and your family during this difficult time., With love and warm memories of our Cousin Pete. While behind bars,Overton relied on her faith, family and supporters and led Bible studies. In 2007, Hannah Overton was sentenced to life in prison for the death of her 4-year-old foster son. Larry attempted to restore order upon his return, putting Andrews soiled sheets in the garbage and hosing off the boy and his foam mattress in the backyard. He was predeceased by : his parents, Theodore Roosevelt 'Jack' and Annie Overton of Washington; and his wife Claudia Cotten. "Wow, we don't even know where to begin," Hannah Overton told ABC News exclusively after she heard that her case had been dismissed and she would not have to endure another trial. Hannah Overton was just an ordinary homeschool mom. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. Hannah would never harm a child. Even setting aside her loyalty to her friend, the detectives theory made no sense to her. Making him sleep on plywood burning sheets, becoming so enraged she forced him to have 23 teaspoons of hot pepper, and then watched him die in agony.. Nueces County District Attorney Mark Skurka had charged Overton a second time for murder after her release. The medical staff at Driscoll Childrens Hospital had determined that Andrew had nearly twice the normal level of sodium in his blooda highly abnormal findingas well as bleeding in the brain, and as Hess questioned her, he tried to ascertain what had happened. Now, she is 8 years old. CORPUS CHRISTI - Early on Oct. 3, 2006, the morning after her neighbor Hannah Overton had rushed a dying 4-year-old boy to a nearby urgent care clinic, Kathi Haller got a visit from police. According to her family tree, she married Larry D. Overton on August 9, 1997 in Texas . Dabney will be missed by many. The very dilute gastric sodium contents suggest . Top: A family birthday celebration in the summer of 2006. She is also qualified to receive insurance and education benefits. The boy was diagnosed with a toxic salt overdose and died the following day. The court ruledher trial lawyers were ineffective, and sent her case back to be retried. Veteran defense attorney John Gilmore, whom the Overtons had retained using funds raised by their church, was stunned to learn of the arrests from reporters, who called asking for comment. Your family will be in my thoughts and prayers. They get to see her for two hours, once a monthtwenty-four hours in a year, Larry said. I was so shocked and saddened to learn today of Dabney's sudden and all too premature death. His foster mother, Hannah Overton, was charged with capital murder, vilified from all quarters, and sent to prison for life. Created by: Red; Added: 9 Apr 2016 . Both womens accounts were problematic; Gonzalez had never made a statement to police and was testifying from memory after nearly a years worth of negative media coverage, while Zapata had failed to mention anything about Hannah smirking when she wrote her initial report about the incident. Myron F. Overton June 29, 1935 - June 6, 2013 Myron was born in Bakersfield, California to his loving parents Earl C. and Hazel J. Overton. Dabney always took time to talk to people and was a friend to many. The key issues in this case were knowledge and intent, and his opinion went directly to those issues. Hannahs attorneys would later argue on appeal that the doctors opinionthat Hannah had never intended for the boy to dieamounted to exculpatory evidence that the state had withheld from the defense. Anne Turner Overton Haile died peacefully at home in Portland, Oregon on December 7, 2021. He was kind, he was gentle, he had a great smile. Last year, new District Attorney Mark Gonzalezfiled a motion toofficially declare her innocent. My prayers to the family. I always knew I'd be able to catch up with him on occasion at the Village Starbucks. Left: Andrew and Isabel playing together. He served as president of the School of Law. I pick out the games and I make the decorations, if I can. She devotes most of her evenings to Bible studies, leading groups of inmates through careful examinations of Scripture. See our Cookie Policy. His foster mother had taken him to a pediatrician for an adoption screening shortly before he had come to live with them, and the checkup had raised no red flags. I wouldnt give up that time we had with him and that he had with us., As we sat across from each other in the dayroom, Hannah and I discussed her case and the anguish that had consumed her following Andrews death. Dabney will be missed by a wide range of supportive friends and family. — -- Murder charges against Hannah Overton, a south Texas mother of five who had been convicted in the 2007 salt poisoning trial in the death of her foster son, have been dismissed by the . The jury was not just going to let her walk.. Not long afterward, Larry and Hannah heard about Andrew at their church, Calvary Chapel of the Coastlands, which Andrews foster mother also attended. Would I really have stayed with a family that would abuse a child?, The most unsettling aspect of The State of Texas v. Hannah Ruth Overton, which got under way in August 2007, was how effectively a woman who had spent most of her life as a do-gooder could be recast as a monster. Does God want a child to go to bed hurting, in pain, fearful, being looked at by closed-circuit television? I didnt realize the seriousness of the situation. Eastwood questioned how Andrew had come to have scratches on his neck. Its not even a consideration, she said. The prosecution portrayed her as a mother who had lost control and tried to punish the young boy by giving him seasoning mixed in water. The Overtons were returning from a visit to the obstetricians office, where they had brought the children to find out whether the baby they were expecting was a boy or a girl. Could it be that you held his nose, held his neck, and made him drink this horrible concoction? the prosecutor challenged her during a withering cross-examination. Dabney and I were great friends while I lived in Richmond back in the late 80s - Browder,Russell days. I worked with Dabney in the mortgage industry a few years ago and he was everything you described. [I] fully disclosed the DAs offices case file to the defense, she wrote in the lengthy statement. Why Does He Get to Make That Call? He displayed hyperactive behavior and possibly had some cognitive delays as well. The doctors assessment of Andrew as developmentally delayed was significant because it dovetailed with Hannahs testimony. Relatives, neighbors, and members of the Overtons church pitched in to look after the kids during Hannahs recovery, but the revolving door of caregivers proved to be difficult for Andrew, who began acting out on a scale they had not seen before. Isaac read John 9 aloud while Larry helped him sound out the difficult words (synagogue, Pharisees). To find Hannah guilty, jurors had to believe either of two scenarios: that Hannah Overton force-fed Andrew salt knowing it would kill him or that she neglected to get medical help fast enough knowing that it would kill him. Think of your other children, she urged the couple. Channel Three, Channel Six, Channel Ten, the Caller-Timesthey all knew ahead of time, Gilmore said. 1 x 120' / Produced for Discovery Networks. I pray that you will bring Mom home soon.. With her first husband, whose name was Stephens, she lived in Iowa, and had one daughter. Published in Legacy from Nov. 11 to Nov. 12, 2009. He. It was, Hannah and Larry would later remember, one of the happiest times in their lives. Tell Copyright 2023 GRB Studio | Privacy Policy | Terms & Conditions In lieu of flowers, donations can be made to Victory Junction, 4500 Adam's Way, Randleman, NC 27317, https://victoryjunction.org or the Charlotte Humane Society, 1348 Parker Dr., Charlotte, NC 28208, https://humanesocietyofcharlotte.org, in Pete's name. The media coverage of the case stirred widespread outrage. Dabney is a graduate of Aylett Country Day School, St. Christopher's School, and Washington and Lee University. memorial page for Hannah Ester Hall Overton (1660-1732), Find a Grave Memorial ID 160804572; Burial Details Unknown; . Box 70, Millers Tavern, Va.; St. Christopher's School, 711 St. Christopher's Road, Richmond, Va. 23226; or the Chesapeake Bay Foundation, 1108 E. Main St. Suite 1600, Richmond, Va. 23219. I am a better person for knowing him. We truly thought his obsession with food was a behavioral issue, not a medical one, Larry said. He felt at ease around her; his favorite thing to do was sit on her lap and rest his mouth on her cheek, and she gladly obliged. Hannahs mother and stepfather, Hannah, Larry, and the kids on Mothers Day 2006. When she refused to give him a second helping, he threw a tantrum and shouted, I hate you! Finally, Hannah resorted to sprinkling some Zatarains into a sippy cup of water, hoping that the taste alone would appease him. The writ is the final opportunity a defendant has to introduce new evidence into the record. Write your message of sympathy today. They wed a year later and moved to Corpus Christi. I spent many nights beating myself up over Could I have done this or could I have done that? Hannah told me, staring at her hands. Despite Eastwoods zeal, there were still basic questions that the prosecution could not explain. "We cannot say thank you enough for all who have helped especially the attorneys who worked endless hours to prove my innocence and gain my freedom," Overton told ABC News today. Two years later, the Overtons learned that their adoption application had been approved and that Andrew would be joining their family. The Huntsville Times. Pam Rooker. According to juror number three, a high school English teacher named Margaret Warfield, that was not the case. The court, which could rule imminently or years from now, could send the case back to Judge Longoria for a hearing orfar less likelyoverturn her conviction. See production, box office & company info. In other words, if the jury could not agree conclusively that she had poisoned Andrew, it could still rule that she was guilty of capital murder by omission, or by failure to act. (After his arrest, he lost most of his clients. Pleading out to that was much better than having my children grow up without a mother or a father. In exchange for his plea, Larry was given five years probation and a $5,000 fine. She is also pregnant with her sixth child. Sign . Normans remarks were hardly the stuff of a cocksure prosecutor. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. He embodied the characteristics of a Saint and we will miss him very much. The physician only said that the scratch marks he had noticed on the boys neck had been caused, he believed, by another person. Its daily. But as devoted Christians, their desire to adopt a foster child was rooted in faith more than in practicality. She believed that Andrews eating habits were not the stuff of pathology but those of a growing boy. Larry taught Sunday school, Hannah led a Bible study, and their children, whom Hannah homeschooled, attended youth group and socialized with other members kids. I was shocked and saddened to hear of Dabney's premature death last week. Hannah: i was and remain so sorry to hear about Dabney's unfortunate death. I dont see what caused the trauma to the brain, he said. Not long after his arrest, a grand jury upgraded the charges against him to capital murder, and he feared that he too might face life in prison. The children liked to hang out in her room and talk to her, particularly Andrew, who always visited her for an extra hug before bedtime. The newly discovered documents, Moritz later told me, were a monumentally important piece of evidence., The discovery soon exposed strains among the prosecution team. Hannah - Please accept our sincere condolences on your loss.