Brandy Lee Rose Devine

Case record: Brandy Lee Rose Devine

Background

Brandy Lee Rose Devine was a 25-year-old mother accused in connection with the death of her 2-year-old daughter, Stephanie Torres. Devine had four children at the time of the July 16, 2012 incident, ranging from a newborn to 6 years old, and the victim was prematurely born at 29 weeks and had chronic medical conditions, including cerebral palsy. Stephanie required regular occupational therapy to improve delayed motor skills and also required a nightly dose of medication.

Devine’s daughter Stephanie was diagnosed with cerebral palsy, a chronic medical condition that significantly limited her ability to move on her own. An occupational therapist testified that Stephanie could not even tolerate lying on her tummy and that, after about a year and half of therapy sessions, Stephanie was making progress as she was nearing her third birthday, including learning to feed herself, crawling on the floor, and sitting up on her own. The occupational therapist, Sharlyn Wenberg, did not see Stephanie again after their last session in late June 2012 and attempted twice without success to find Stephanie and her family at their Turlock home in the following month.

Neighbor Lydia Whitworth testified that Devine’s older children often played with Whitworth’s granddaughter, regularly appeared disheveled and dirty, and would ask for something to eat.

The offence

Stephanie Torres died on July 16, 2012 after being left without food or water for nearly three days and found dead in her crib. The criminal complaint alleged that the child’s death occurred between July 13 and 16.

Devine told a detective that she placed Stephanie in a room the Friday before the Monday when the child was found dead and had not opened the door the entire weekend. Devine also told the detective she smoked meth after feeling ill all weekend and that she smoked methamphetamine with a man she knew only as “Scott” on Sunday. Devine told investigators that Stephanie remained in another room while Devine smoked methamphetamine with an unknown man in her home during that weekend. Deputy District Attorney John R. Mayne told the jury that Stephanie starved to death in a “monstrous” fashion with Devine just a few feet away throughout that weekend. Mayne also told the jury that there was plenty of formula for Stephanie in the home and that Devine fed her other three children that weekend, including her infant son.

Mayne described the child’s death at trial, telling the jury:

“This is a child who starved to death.”
“This is a horror movie.”

A pathologist testified that Stephanie died from dehydration and malnourishment and that she had not been fed or given anything to drink for several days before she was discovered. The pathologist made it clear that the child died as a result of neglect and testified:

“This is an injury to a very sick child.”
“This is not caused by the chronic conditions.”

At sentencing, Devine apologized to her children, especially the 2-year-old daughter who was left alone in a room without water or food for nearly three days before being found dead in her crib, and she said:

“I hope they can forgive me one day,”

Investigation

At approximately 12:30 p.m. on July 16, 2012, Turlock police responded to the home in the 1100 block of North Denair Avenue in Turlock for a report of a nonresponsive child. Officers found the child dead.

Detective Justin Williamson testified at a preliminary hearing that Devine told him she had put Stephanie in the room on the Friday prior to the Monday when she was found and had not opened the door the entire weekend. Williamson also testified that Devine provided food for her other children but not for Stephanie, who suffered from cerebral palsy. Williamson testified that Devine told him she assumed her 6-year-old child was caring for her 2-year-old child, and Williamson also testified that the 6-year-old told authorities that Devine would not let her check on Stephanie during the weekend.

Neighbor Lydia Whitworth testified during the preliminary hearing about what she observed on July 16. Whitworth testified that Devine heard “She was laying in her crib just straight, with her eyes rolled back in her head,” and Whitworth testified to what Devine said when Whitworth went to investigate:

“She goes, 'The baby's dead,' ”
Whitworth also testified she thought Devine was referring to the infant, a boy, and that Whitworth heard Devine say, “She said, 'No, the baby.' ” Whitworth testified that when she went into the back bedroom, she found Stephanie in a crib and that Stephanie was “dead” and “totally gray,” with her diaper full of poop and urine “and it was all on the bed.”

Responding officers and firefighters testified about smell and unsuccessful life-saving efforts. Beebe, the first responder on site, described it as a “very heavy odor of cat urine.” Williamson and Beebe described several cats, cat litter, and feces in the cluttered room. Beebe testified she took Stephanie out of the crib and laid her on the hallway floor, the only flat surface readily available. Beebe testified that the little girl was cold and attempts to perform CPR were unsuccessful. Firefighters arrived and declared the girl dead.

Devine’s blood tested positive for methamphetamine use within the past 72 hours after blood was taken when Devine was arrested, which the prosecution and defense agreed to stipulate to before trial.

Arrest

Brandy Lee Rose Devine was arrested on July 16, 2012 after authorities found Stephanie Torres dead at their home in the 1100 block of North Denair Avenue in Turlock. A report stated that Devine was later interviewed and subsequently arrested for homicide, child endangerment and cruelty to a child. Another report stated Devine was arrested and charged with homicide, child endangerment and cruelty to a child, and that the case involved a 911 call from a neighbor regarding a non-responsive child.

Devine was arrested on July 16 and remained in custody with bail set at $1 million. At a subsequent appearance, Devine appeared briefly in Stanislaus County Superior Court.

Trial

Devine’s trial proceeded on charges including murder and willful cruelty to a child, along with charges related to methamphetamine. The defense did not contest the child cruelty and meth use charges at trial.

The trial resulted in a jury verdict finding Devine guilty of second-degree murder in the July 2012 death of her daughter Stephanie Torres. The jury consisted of six women and six men and deliberated for about an hour before returning with a verdict.

At trial, Deputy Public Defender Marcus Mumford argued that Devine did not know at the time that not feeding her child or giving her water would result in Stephanie’s death and that Devine’s conduct was criminally negligent but not murder. Mayne argued that Devine knew her actions could have grave results and that Stephanie starved to death in a “monstrous” fashion with Devine just a few feet away. Mayne also told the jury that there was plenty of formula for Stephanie in the home and that Devine fed her other three children, including her infant son.

Pathologist Eugene Carpenter testified during trial that Stephanie died from dehydration and malnourishment and that Stephanie had been dead a day or two when she was discovered in the crib about 12:30 p.m. July 16, 2012.

Carpenter testified about Stephanie’s physical condition, including that Stephanie weighed about 13 pounds and that her eyes were soft and her skin was “like red dough,” both signs of dehydration. Carpenter testified that her abdomen was “caved in so much that her spine was almost visible.” Another report also stated Carpenter testified that Stephanie’s body appeared the size of a 1- or 2-year-old and that the child weighed about 14 pounds.

Sentencing

On December 13, 2013, Devine was sentenced to 15 years to life in prison for the death of Stephanie Torres.

At sentencing in Stanislaus County Superior Court, Judge Dawna Reeves scheduled Devine to be transferred to prison Jan. 3.

Devine apologized before and at sentencing, stating: and later stating:

“I accept full responsibility for my actions,”
“I want to apologize to everyone who has been affected by my actions.”

The sentencing also included findings on willful cruelty to a child with an enhancement of inflicting great bodily injury on the child, and a misdemeanor charge of using meth. For those charges, Devine received a stayed sentence of 10 years and 90 days. The stayed sentence meant she could be ordered to serve the additional time in prison if she was released and violated parole.

At sentencing, in criminal cases, victims or members of their families could speak in court before sentencing. No one stood up in court Friday to speak on Stephanie’s behalf or about the impact of her death.

Appeals

No appeal information was included in the provided material.

Outcome

A jury found Devine guilty of second-degree murder in the July 2012 death of her daughter Stephanie Torres. Devine was also found guilty of willful cruelty to a child with an enhancement of inflicting great bodily injury on the child, and she was convicted of a misdemeanor charge of using meth.

Aftermath

Following the sentencing, Devine was scheduled to be transferred to prison Jan. 3.

Devine’s case drew testimony during preliminary proceedings from neighbor Lydia Whitworth and officers Amy Beebe and Justin Williamson, and occupational therapist Sharlyn Wenberg testified in connection with Stephanie’s development and progress prior to her death.

Other details

Sharlyn Wenberg testified that she conducted 20 to 30 in-home occupational therapy sessions with Stephanie, each lasting about an hour. Wenberg testified that she brought “a small rug and blanket for Stephanie to lie on during the sessions,” and that the living room floor of Devine’s duplex apartment was “often dirty, unswept,” although there were some times when the apartment was clean.

Wenberg testified that there were some cats in the apartments, and their litter boxes produced a pungent urine odor in the home.

During questioning from Devine’s attorney, Wenberg testified that Devine’s apartment was not the only messy home she had encountered while working with hundreds of clients. Wenberg also testified that she liked Devine from the beginning, that it appeared Devine loved Stephanie and was interested in the child’s progress, and that Devine initially seemed engaged in Stephanie’s therapy.

Wenberg testified that it became difficult to reach Devine and schedule appointments, including that Devine’s phone line was sporadically out of service, and that while therapy sessions were intended to be weekly, Wenberg was able to work with Stephanie only once or twice a month.

Wenberg testified that Devine asked her to conduct the therapy at Devine’s mother’s Turlock home because Devine was going to be visiting. Wenberg testified that she eventually conducted six to eight sessions at Stephanie’s grandmother’s home and that Devine was not there during those sessions.

Wenberg testified that during cross-examination she said some parents leave the room during therapy sessions with their children and that there was no requirement for parents to be present, and she said it was uncommon for parents to miss sessions. Wenberg described Stephanie as “feisty” and said the toddler could be “charming when she wasn’t being challenged.”

Wenberg testified that Stephanie’s progress ended in late June 2012 because the child’s grandparents had scheduled a trip to Idaho for their vacation, and that Wenberg’s attempts to conduct further therapy sessions at Devine’s home were unsuccessful.

The case involved a duplex apartment in the 1100 block of North Denair Avenue in Turlock.

The provided material included an additional statement that the cause of Stephanie’s death had not been publicly disclosed.