Tuesday morning was the first day of testimony in the capital murder trial of a Hearne man accused of beating his stepson to death.
Twenty-seven-year-old Timothy Lewis plead not guilty to the charge, but prosecutors told the juror they would prove Lewis caused the injuries which lead to Fenner's death.
Jurors listened to the 911 call between Timothy Lewis and a College Station dispatcher from June 22, 2004, the night four-year-old Tyrone Fenner, Jr. was rushed to the hospital.
Dispatcher: “Tell me what's going on? Is he unconscious?”
Lewis: “Yeah, he's unconscious, he's still breathing. It's just like he fainted.”
Dispatcher: “He is breathing?”
Lewis: “Yeah, he's breathing, I feel his heart beat and everything.”
Lewis told authorities that Fenner had fallen off the toilet and hurt himself. Fenner's mother, Virginia Lewis, originally told police the same story, but later said she had lied and then cooperated with authorities in their investigation.
Police and paramedics testified that Fenner's injuries seemed much more serious than something caused from a fall from the toilet. They also told the jury that Lewis was irate when they arrived on the scene started cursing at them, and hindered their treatment of Fenner.
One police officer said Lewis smelled of alcohol and appeared intoxicated.
"The state believes the police officers and they themselves have solved this puzzle," said Defense Attorney David Barron.
In opening arguments Barron urged the jury to wait until they hear Lewis's side of the story before making their decision.
Barron says his client was very emotional the day of the incident, but that should not be used against him during the trial.
The St. Joseph emergency room doctor who treated Fenner says he saw bruising on the little boy's body and that CT scans revealed head trauma. The doctor said he made the call to send Fenner to a pediatric hospital in Austin, so he could receive more extensive care. Fenner died nearly three weeks after being transferred there.
Virginia Lewis is expected to take the stand on behalf of the prosecution. There is no word yet on if Timothy Lewis will take the stand.