Wed August 22, 2007
DA awaits findings by police
By Augie FrostStaff Writers
A mother and her boyfriend have been arrested on a murder complaint after Monday's death of a 23-month-old Oklahoma City girl.
The toddler and a 9-month-old boy taken to the hospital by the woman appeared to have been sexually abused, Oklahoma County District Attorney David Prater was told by police . The girl appeared to have been beaten to death, Prater was told.
Olivia Scroggins died at St. Anthony Hospital about noon Monday after her mother, Wendy Scroggins, 22, and the mother's boyfriend, Kerry Joe Smith, 21, brought Olivia in for medical treatment, police Master Sgt. Gary Knight said in a news release.
Both Scroggins and Smith later were arrested on first-degree murder and child abuse complaints. They now are in the Oklahoma County jail and are being held without bail.
Prater said he is waiting for police to complete their investigation so he can make a decision on filing criminal charges.
The prosecutor said he didn't know yet whether the mother or children had prior involvement with the state Department of Human Services.
Early findings
Olivia had "visible trauma to her body" when she was brought to the hospital, which raised suspicions as to how the child died, Knight said.
"While speaking to family members of the victim, the officer noticed a 9-month-old child in their care who also showed signs of trauma and abuse," Knight said.
Police cannot release the identity of the 9-month-old or whether the child belongs to Scroggins or Smith, but Knight said the child was treated at the hospital for his injuries and is expected to survive. The baby was placed in protective custody.
Police interviewed both Scroggins and Smith for several hours Monday night.
Scroggins and Smith live together in an apartment, 3317½ N McKinley, Knight said. Police were called to the residence on a domestic abuse call on Aug. 14, but no report was ever filed and details of what happened were not available.
A neighbor, Jamesina Golden, said Tuesday she feared the children were in danger, but would not elaborate.
"I'm upset because of what I know. ... I'm upset because a child is dead."
Criminal record
Records show Smith has a criminal history.
In 2002, a former girlfriend obtained a protective order against Smith, accusing him of removing an air conditioner, punching out a window and breaking through a locked door to gain entrance to her home and attack her.
"I defended myself with scratching and biting," the woman said.
Two years later, Smith pleaded guilty to a misdemeanor charge of violating the protective order by harassing the woman and breaking out a bedroom window in her home. He received a one-year suspended sentence.
Smith also:
•Pleaded guilty to soliciting prostitution in 2005 and was sentenced to 30 days in the county jail.
•Pleaded guilty to second-degree burglary, making a false declaration of ownership to a pawnbroker and bail jumping in 2006 and received deferred sentences.
•Smith also had a juvenile record that included charges of second-degree burglary, public intoxication and joyriding, according to court records.
Contributing: Nolan Clay, Staff Writer
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