A judge from Rolla will consider arguments made to allow a Jefferson City woman charged in the 2018 death of a 4-year-old boy to be allowed to be placed on pre-trial release again while her case continues through the legal process.
During a Friday afternoon hearing before Judge William Hickle, lawyers for Quatavia Givens reiterated arguments they had made in earlier court appearances -- Givens showed no signs of not following the conditions she was supposed to when she had been on pre-trial release after she was originally charged. They also argue Prosecutor Locke Thompson has shown prosecutorial vindictiveness in the case, escalating the charge from second-degree murder to first-degree murder, which they said only indicated a desire to change judges or re-litigate the bond.
Givens, 29, was the caretaker of Darnell Gray, who was found dead in October 2018. Givens was indicted by the Cole County Grand Jury on Aug. 25 on charges of first-degree murder, child abuse or neglect, endangering the welfare of a child and abandonment of a corpse in connection with Gray's death. Hearings before a grand jury are closed to the public; Thompson would not say why he upgraded the charge or what specific evidence was found to warrant the new charge. He only said the grand jury found there was enough evidence to indict her on the upgraded charge.
At Friday's hearing, Chief Public Defender Justin Carver called Richard Lee to the stand. Lee is the head of the Cole County pre-trial release program. This program allows defendants in criminal cases to be out of jail but on continuous GIS monitoring while they await their trial. They must also regularly check in with the pre-trial office. It is seen as a way to help keep the population at the county jail at a manageable level, allowing low-income defendants to continue to keep up with their education or job. It's also considered to be used primarily for those who are deemed to be non-violent or for those charged in non-violent crimes.
Givens was initially charged with child abuse, but prosecutors filed a superseding indictment from the grand jury in October 2019, charging her with second-degree murder. She has pleaded not guilty each time she has been charged in this case.
Lee said they did their assessment on Givens and found she had a "low risk" score which included her not having a lengthy criminal history or signs of drug abuse. Lee said he did note on the report that the crime Givens was charged with would indicate a disregard for human life.
Carver noted Cole County Presiding Judge Jon Beetem ordered Givens could be placed on bond in 2019, finding she was not a danger to the community. Givens spent 22 months in the pre-trial program before being picked up in August 2021 at her workplace in St. Charles when she was indicted on the first- degree murder charge.
"Did you ever have any problems with Ms. Givens meeting conditions of her release?" Carver asked Lee.
"Absolutely no problems," Lee replied. "She was working several jobs, and as far as we could tell didn't violate the condition of remaining at home with no minor children present who are not her own."
Cole County Prosecutor Locke Thompson said Hickle should take note the check-ins with Givens by the pre-trial office were primarily done by phone and not in person.
"The seriousness of first- degree murder and the punishment it could bring would make any person a high risk for flight from custody," Thompson said. "The boy's death was a deliberate act and she led the community on a wild goose chase before admitting what she did."
Thompson did file paperwork with the court Friday, indicating he would not seek the death penalty against Givens, meaning the most she could face would be life in prison, if convicted.
Carver said Givens suffered from PTSD and had anxiety issues she had to deal with. He also said Givens had been facing threats against her life. Thompson said Givens had indicated she was planning to go to Florida prior to being taken into custody, another reason she should not be given bond. Carver said Givens had actually talked with authorities about the threats she was getting and going to Florida was one of the ways they had talked about as for her to get away from them.
Carver and Assistant Public Defender Justine Finney requested Hickle dismiss the first-degree indictment against Given. They argued court documents indicate there have been changes in the charges Givens faces, but the facts prosecutors have given for filing the charges haven't changed since 2018.
Prosecutors said Gray was injured while Givens babysat him in Jefferson City. She reported him missing Oct. 25, 2018, and stated he might have been abducted. Authorities found Gray's body a week later. An autopsy indicated he died of blunt force trauma and smothering.
Carver and Finney said for the first-degree murder indictment, Thompson got a new expert to look at the autopsy done by the Boone County Medical Examiner's Office and the expert "completely agreed with what the medical examiner concluded."
This was part of Given's defense claim regarding prosecutorial vindictiveness, saying each time they've been close to being ready for trial, prosecutors have increased the charges against their client despite her meeting the legal conditions she was supposed to every time.
Finney said the pattern appeared to show prosecutors did not want Judge Beetem to hear the case, having taken issue with him allowing Givens to be released on bond.
After the August first-degree murder indictment, the case was assigned to Cole County Judge Cotton Walker. He denied Givens bond in September and shortly after granted a change of judge request from Givens' defense team. The case was sent to Judge Beetem for assignment. Thompson later filed a motion to the Missouri Supreme Court for the special judge as all judges in the Cole County circuit recused themselves from hearing the case. The high court sustained Thompson's motion and chose Judge Hickle to hear the case.
"Mr. Thompson has said publicly that he filed the new charge because there is new evidence in this case, but we have yet to see anything different from what was first filed in 2018," Finney said.
Assistant Prosecutor Miranda Loesch told Hickle that state law allows prosecutors a broad range when it comes to prosecutorial discretion in filing charges. She also pointed out that Given was scheduled to go to trial in July 2020 for second-degree murder, but it was delayed because of the COVID-19 pandemic, not because of an act by the prosecutor's office.
Hickle did not indicate when he might have a ruling on the motions filed Friday. He did approve one motion from Givens' lawyers, with no objection from prosecutors, that any spectators who come to a potential trial of Givens would not be allowed to wear clothing displaying messages that were in support of the defense or prosecution in this case. This comes after supporters of Gray had worn shirts with his face on it during earlier court proceedings.