Pullman tot's father guilty of manslaughter

Charles Becker was found guilty of second-degree manslaughter by a jury Wednesday in Whitman County Superior Court for his role in the death of his 4-month-old son in April.

The 25-year-old Pullman man's son, Charles Becker Jr., was found unresponsive on a bedroom floor by Becker's wife on April 5, 2015. She testified Tuesday a plastic garment bag sticking out from underneath the nearby closet door was partially covering "Junior's" face.

Second-degree manslaughter carries a maximum sentence of 10 years in prison and a $20,000 fine. Becker is to be sentenced at 1:30 p.m. Friday.

Whitman County Coroner Peter Martin ruled the manner of death as accidental, caused by asphyxiation from a plastic garment bag blocking Junior's airway.

Martin said he examined a portion of a plastic garment bag with red discoloration on it, consistent with the cause of death. It was collected as evidence by police from the bedroom Junior was found in. Martin testified that whenever there is a great deal of pressure on the airway - and in this case a blockage - there can be erosion, irritation and trauma from trying to breathe until the airway becomes totally obstructed. The trauma will likely result in blood coming from the mouth, he said.

"The defendant didn't try to hurt Junior, but he didn't really try to prevent it. What he did caused the death of Charles Becker Jr.," Whitman County Prosecutor Denis Tracy said.

Becker's defense attorney Steve Martonick argued the charge of manslaughter fits under the category of homicide, not accidental death as the coroner determined.

Martin said the manner of death was ruled accidental based on the mechanism and immediate circumstances surrounding it. For example, if someone died in a hunting "accident," the manner of death would be ruled accidental. But if it was another hunter who acted negligently and shot the victim, that individual could be charged with homicide, he said.

A higher authority

Martin said the manner and cause of death that the coroner's office determines is unrelated to responsibility.

"It is an accurate determination, but it unfortunately does not determine responsibility," Martin said. "We leave culpability up to a higher authority."

"Mr. Becker didn't put that plastic bag in Junior's hand that night, but he did put Junior in that deadly environment, and Junior died, and that's what makes it manslaughter," Tracy said.

Tracy said Becker behaved with criminal negligence when he failed to be aware of a substantial risk that death might occur. The failure to be aware of that risk was a gross deviation from the standard of care that a reasonable person would exercise, he said.

Even if Becker were aware of that serious risk and acted in the same way or ignored it, that is reckless disregard, which still fits the elements of the charge, Tracy said.

Tracy said Becker knew Junior was capable of rolling all the way over and told police and the deputy coroner during interviews that Junior had rolled off the bed before.

Martin said the average age an infant can roll from its stomach to back is around 4 months and from the back to stomach at 5 to 6 months, but it isn't uncommon for a baby to reach those milestones sooner.

He has heard from parents that their babies are rolling completely over at 4 months old, he said.

Photos shown

Tracy showed numerous photos taken by police of the bedroom and house that Junior lived in with his parents and two older siblings. The only clear space on the floor of the bedroom Junior was found in was near the entryway so the door could open, Tracy said.

The rest of the room was covered in piles of clothing, wrappers from food or sanitary pads, three car seats and various other miscellaneous items. The bed Becker had put Junior to sleep on was a bare mattress with a blanket, two pillows, a toothbrush, Gameboy and balloons and ribbon.

Photos from the rest of the apartment show food and garbage piled up in the kitchen and dirty clothes, tampon applicators and clumps of hair throughout the bathroom.

Martonick argued in his closing statement that Tracy chose to show the pictures "to show the house is a mess and he is dirty. He is a different class of person."

"A dirty kitchen is not relevant or shows what happened in this bedroom," Martonick said. "That's not the issue, and you shouldn't be prejudiced against him, as it seems Mr. Tracy is asking you to be, because he keeps a dirty home. Don't let Mr. Tracy rope you in.

"This is taking a tragedy and compounding it, and it's because of the conditions of the house. If it happened in a middle class home, it would have been looked at for what it is, a poor tragedy. Let the parents move on," he said.

Tracy said there were various other items within arm's reach of the baby when it was laid down for the night.

"Filth is one thing, but danger is another," he said. "This is where your common sense and life experience comes in clearly and closely. I suggest you all do know better than that. I suggest any reasonable person knows better than that."

Samantha Malott can be reached at (208) 883-4639 or by email to smalott@dnews.com.