posted November 7, 2008
The boyfriend charged with killing 18-month-old Sierra Carpenter told a child abuse detective, "I know the way it looks, but I didn't hurt that baby."
A jury in the courtroom of Judge Don Poole on Friday heard a four-hour statement given by Rutherford just after the child was flown by LifeForce helicopter to Children's Hospital. She died two days later on April 27, 2006.
Rutherford is charged with felony murder and aggravated child abuse. The mother, Traci Carpenter, is charged with child abuse, but is not now on trial. She is expected to testify for the state on Monday.
Det. John Ashburn questioned Rutherford about brain injuries to the child and numerous bruises over her body. The detective said when he went to the hospital, "I was 15 feet away, and I could see the bruises to her face."
Rutherford said Sierra had thrown up the night before, but seemed all right as he kept her for an hour and a half while Traci was at school. He said Sierra sat in Traci's lap afterwards while they had dinner with neighbors Brad and Alicia. He said he put her down about 9 p.m. and awakened around 11 a.m. the next morning after the couple slept in. He said they slept downstairs on a pallet he had made up, while Sierra was in a playpen upstairs.
Rutherford said he gave milk and a pop tart to Sierra, then put her back to bed. She seemed tired. He said she then slept until about 2 p.m. He said Sierra "reached up and grabbed for me." But he said she started crying and would not stop. Then she started hyperventilating. He said he went to get her a drink, and when he returned her back was arched, and she was "locked up. It was like a seizure." Rutherford says he ran upstairs with her and knocked on the bathroom door where Traci was taking a shower. Then he carried Sierra to the nearby Dallas Bay Firehall. He said he afterwards went back to get Traci, who had been dressing.
Rutherford said he went to the hospital with Traci, and he soon left. He said, "The whole family was looking at me crazy. I felt like I was in the wrong place." He was asked about a statement by Traci that at the hospital he "kept apologizing and saying it was 'all my fault'." Rutherford said, "I was just trying to console her." Asked how the child had gotten all the injuries, he said, "I don't know. I honestly don't know."
He said he had sometimes seen her fall and his 2 1/2-year-old daughter was sometimes rough with her. Asked about Traci, he said, "From what I have seen, she is an excellent mom." He said he did tell her that she did not need to hold the child so much and baby her.
He who said he began going with Traci in February 2006 shortly after breaking up with his fiancee of two and a half years, Hillary. He said Hillary is the mother of his daughter, Alyssa.
Asked what should happen to someone who harms a child, Rutherford said, "They should be done exactly the same way. I can't imagine if you called me and say my daughter was done that way. She is my right arm."
The detective told Rutherford, "There are two suspects. The fairyman didn't just fly in and shake this baby.
"Somebody is going to jail for this. I don't know if it is you or her. One of ya'll needs to be in the penitentiary."
Rutherford insisted, "I've been 100 percent honest with you on everything - everything."
He added, "I loved that child like she was my own. I'm not somebody that would hurt a kid."
But the detective said, "I know you are lying. There ain't a doubt in my mind. There's no other reasonable explanation.
"With what I've got, you ain't gonna live enough years (before you get out of jail)."
Rutherford said when his daughter was born he had read about Shaken Baby Syndrome in the Baby Bible.
Det. Ashburn said he told Rutherford he wanted to go to his residence and inspect it. They then went to the apartment, and some photos were taken.
The detective said he briefly questioned neighbors Brad and Alicia and Brad said he often talked with Rutherford on the phone, including that afternoon. He said Rutherford told him he did not know Brad's last name and did not think he had a phone.
He said the neighbors also said Rutherford had come over to their residence the night before with the child, thinking she had a seizure. The detective said Rutherford had not mentioned that.
Det. Ashburn also asked Rutherford to make a call to Traci that he would record.
In the call, Rutherford asked her, "Who hurt this child?" She said, "I wish I knew."
Traci said when he asked about the child, "She's been shook. She's hemorrhaging."
She added, "I'm really scared. I don't know what to think. I don't know what to do."
Rutherford asked if she knew how the bruises got on the child. Traci said, "I don't know."
Rutherford asked, "Have I ever hurt her?" And she answered, "No."
Rutherford then inquired, "Did you have anything to do with this?"
She snapped back, "H----, no. How could you even say that? How could you ask me that?"
She added, "Yes, somebody did this and I want to know why. I want to know just as hard as they do."
Det. Ashburn said he took Rutherford back over to the Sheriff Annex on Dayton Boulevard. He said it was 2:30 in the morning by then.
He said he interviewed Ms. Carpenter for two hours, then started in on a final interview of Rutherford at 4:35 a.m.
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