Jury finds Milton day care worker guilty of murder in toddler's death

A Santa Rosa County jury found a Milton day care owner guilty of murder Friday for the death of a toddler in her care.

Thelma Lowery, 58, was immediately sentenced by Judge Kelvin Wells to life in prison without the possibility of parole for an attack on 15-month-old Brodie Kent that left him with fatal brain swelling.

The jury deliberated for roughly five hours before coming to its verdict Friday afternoon.

Lowery was caring for Brodie at her home day care, Lowery's Little Angels, on Oct. 24, 2014, when he was injured and rushed to Sacred Heart Hospital.

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Lowery claimed throughout the five-day trial that Brodie was hit by another child and she later found him napping and covered in vomit. She claimed she bathed the child and he started having a seizure, so she called an ambulance.

Brodie's doctors and surgeons repeatedly testified throughout the trial that the extent of the child's injuries could only be incurred with "non-accidental trauma." Brodie had retinal hemorrhaging and brain bleeding, as well as bruises across his body and on his head.

The doctor who performed the surgery told the jury the child's brain swelling was so bad it required a portion of the skull to be removed to give the brain space to push further. The surgeon said medical staff essentially acted in "desperation," but they weren’t able to save the child.

He died on Oct. 29, 2014.

The defense, led by Tony Henderson and Lori Raybon, painted a picture during their argument of a child with an undiagnosed pre-existing condition. They said Brodie may have had some kind of brain issues, and it was nobody's fault that he died. Brodie's pediatrician testified Thursday, saying the child measured normal in his growth percentiles and didn't have any conditions or diseases. He had never had a seizure, the doctor said.

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Assistant State Attorney Angela Mason said phrases Lowery told police in initial interviews suggested her guilt. Those included Lowery saying she felt like "a duck sitting in a pond" and saying she hoped police didn't think she beat the baby in the hours after Brodie was taken to hospital.

Mason said during her closing argument Friday there was no evidence Lowery had bathed the child before he seized. There was no towel, no smell of soap and the child wasn't wet, she said.

To prove felony murder, the state doesn't need to prove intent, as Florida law defines that category of crime as a murder committed in the course of a felony, in this case aggravated child abuse.