New trial granted for Mercer County man convicted of child abuse in 2021

Apr. 26—PRINCETON — A Mercer County man who was convicted in April 2021 of child abuse which left a 4 1/2-year-old baby blind in April 2018 has been granted a new trial by the Supreme Court of Appeals of West Virginia, according to court documents filed Tuesday.

A circuit court jury found Michael David Coffey of Bluefield guilty on April 1, 2021 of child abuse resulting in serious bodily injury. Circuit Court Judge Derek Swope sentenced Coffey on May 5, 2021 to a term of two to 10 years in prison, the maximum sentence allowed for child abuse resulting in serious bodily injury.

During Coffey's two-day trial in 2021, physicians and other medical professionals testified about the injuries that the baby, a boy, had suffered on April 11, 2018. For much of this day, the baby was in Coffey's care while the mother was at work, according to testimony at his trial.

The case started on April 11, 2018 after the baby's mother, identified in the Supreme Court documents as "T.E.," brought her son to the emergency department at Princeton Community Hospital (PCH). The physician who examined him testified during the trial that the baby was lethargic, and that the mother informed him that her son had been vomiting; an infection or dehydration, which has similar symptoms, was suspected at that time. He said that he urged the mother to have her son stay at the hospital overnight, but was told that a regular check-up was scheduled with his pediatrician the next day. The mother was told to bring her son back to the hospital if his condition changed during the night.

The mother called her son's pediatrician, Dr. Jamie Blankenship, the morning of April 12, 2018 and had his check-up rescheduled from afternoon to the morning. Blankenship testified that the baby was lethargic, "listless," and was "noticeably uncomfortable." He did not move unless stimulated. Blankenship told the mother to take her son back to PCH, according to previous reports in the Bluefield Daily Telegraph.

The physician who examined the baby during his second visit to PCH, Dr. Matthew Dellacona, testified that the space on top of the baby's head where skull bones have not yet closed had swelling at that time. Scans showed bleeding inside the brain, "significant swelling" and a possible fracture. Dellacona said he immediately called the critical care team at Carilion Roanoke Memorial Hospital to make sure "the best treatment was provided and the most expeditious transport" was arraigned. The baby and his mother were flown by helicopter to the Roanoke, Va. hospital.

Lisa Yates RN, who works for Carilion and consults in pediatric abuse cases, testified at the 2021 trial that the baby's injuries "suggested non-accidental trauma."

Another medical professional, Dr. Randal Rupple with Carilion clinic in Roanoke, Va., testified that he was the ICU physician on duty when the baby was admitted. He had a skull fracture, a stroke and swelling in his brain. Rupple stated that the force causing the skull fracture was equivalent to the force generated by a three to four-story fall.

"He was clearly shaken," Rupple said.

When questioned by one of Coffey's attorneys, Rupple stated that the baby's injuries could have happened 24 to 48 hours before he was scanned at Carilion.

In the Supreme Court ruling filed Tuesday, Coffey argued that he was not allowed to show that the mother's testimony was not credible, according to the court document.

"The petitioner's defense, which he was precluded from advancing by virtue of two evidentiary rulings made by the circuit court, was that the testimony of the baby's mother ("T.E."), the State's key witness, was not credible," according to court documents. "To that end, the petitioner sought to introduce evidence pursuant of Rule 404(b) and/or Rule 609 2 of the West Virginia Rules of Evidence that two years earlier the mother had been convicted in the Commonwealth of Virginia of felony child endangerment, a charge arising from her failure to provide nutrition and medical care to her 6-month-old daughter."

"The circuit court refused admission of evidence under Rule 404(b), finding that its 'prejudicial impact outweighs the probative value, because this isn't a neglect case. This is a somebody beat the hell out of this kid case. It's a different thing.' The court also refused to admit the evidence for impeachment purposes under Rule 609, finding that the balancing test set forth in Rule 403, the evidence was more prejudicial the probative," according to the court document.

The state Supreme Court of Appeals reviewed the case.

"Upon careful review of the parties' briefs and oral arguments, the appendix record, and the applicable law, we conclude that the circuit court erred in refusing toadmit the mother's prior conviction as impeachment evidence pursuant of Rule 609. Further, under the facts and circumstances of this case as discussed infra, the error cannot be deemed harmless," according to the court document. "We therefore reverse the circuit court's decision and remand this case for a new trial."

— Contact Greg Jordan at gjordan@bdtonline.com

Contact Greg Jordan at gjordan@bdtonline.com