Keyon Damont Carrington v. Commonwealth of Virginia, 721 S.E.2d 815

Appellant Keyon Carrington challenged a conviction for child neglect under Code § 18.2-371.1(A) after a bench trial in Richmond; he was sentenced to 10 years with 4 suspended.
In April 2010, Carrington dated Monique Hawthorne, lived with her 12-month-old son K.H., Tarnita Hawthorne, and Carrington's brother Adrian.
Carrington punched K.H.'s thigh three times after attempting to feed him; K.H. suffered a swollen leg with a popping noise.
K.H. was transported to Richmond Community Hospital and then MCV; doctors treated a transverse femur fracture and Carrington was listed as K.H.’s guarantor and father on forms.
Investigators and Monique initially claimed K.H. was injured by falling off a bed, but Monique later disclosed that Carrington punched him and had previously threatened to kill her if she told the truth.
Dr. Kuester testified the injury indicated blunt force trauma inconsistent with a bed fall; the trial court denied the motion to strike the evidence; Carrington’s conviction was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Carrington was a ‘person responsible for the care of a child’ under § 18.2-371.1(A).	Carrington argues he was not responsible since he was not the sole adult present.	Commonwealth contends he was responsible through voluntary conduct and caregiving.	Yes; Carrington was a person responsible for care.

Williams v. Commonwealth, 49 Va. App. 439, 642 S.E.2d 295 (2007) (evidence standard on appeal of sufficiency of the evidence)
Snow v. Commonwealth, 33 Va. App. 766, 537 S.E.2d 6 (2000) (responsible for care may arise from voluntary conduct; not limited to sole caregiver)
Scott v. Commonwealth, 58 Va. App. 35, 707 S.E.2d 17 (2011) (statutory interpretation of ‘person responsible for the care’)