In the autumn of 1998, a tragic series of events unfolded, leading to the untimely death of two-year-old Darius. On the afternoon of October 15th, the young boy and his five-year-old brother, Jordan, were picked up from daycare by their mother's live-in boyfriend, Charles Berry. According to the daycare provider, Darius was crying and appeared hesitant to leave with Berry.
Later that evening, around 6:15 p.m., a neighbor saw Berry and the two boys entering their duplex.
Shortly after, events took a devastating turn. Berry later recounted to an emergency room physician that while changing Darius's diaper, the child seemed unwell. He claimed that when he picked Darius up, the boy's eyes rolled back, he vomited, and he lost control of his bowels. Berry stated that he shook the child in an attempt to revive him.
Darius was admitted to the hospital at 6:28 p.m. showing no signs of life. Despite resuscitation efforts, he was pronounced dead. An external examination revealed only a small mark on his forehead and slight bruising around his neck. However, the autopsy told a much more grim story. It was discovered that Darius's spine had been fractured, and the artery between his chest and abdomen was completely severed near his diaphragm. The medical examiner noted two internal bruises in the connective tissue of his spine near the fracture, with no corresponding external injuries on his back.
Charles Berry was subsequently indicted on one count of second-degree murder. During the trial, a jury found him not guilty of murder but convicted him of the lesser-included offense of manslaughter. Following the conviction, the Superior Court sentenced Berry to ten years of incarceration, to be followed by six months of probation. Berry later appealed his conviction, but the judgment was affirmed.
