Posted at: 06/11/2013 11:13 AM
Updated at: 06/11/2013 5:38 PM
By: Mark Mulholland
Brandon Warrington has been convicted of second-degree murder for the death of 5-year-old Gary Carpenter III.
Photo: File / WNYT
QUEENSBURY - The tension was palpable in the moments before the jury rendered its verdict.
Brandon Warrington could be seen blessing himself. His attorney clenching his hands in front of his face.
Then the court clerk asked the jury foreperson for their verdict.
"Murder in the second degree, guilty or not guilty? "Guilty," says the juror.
The 25-year-old Warrington shows little emotion as he hears guilty on all counts.
The jury taking just three-and-a-half hours to reach that verdict.
They found Warrington acted with depraved indifference to human life, that in essence he didn't care whether Gary Carpenter the Third lived or died when he beat him and caused a massive brain injury.
The child's father had a front row seat as the verdict came in.
NewsChannel 13 asked Gary Carpenter II, "Do you feel like this is justice for your son?"
He replied, "The most justice he's going to get without it coming from my hands."
By finding him guilty, the eight woman, four man jury rejected Warrington's claims on the witness stand that Jennie Mattison inflicted the abuse on her own child.
During cross-examination Warrington sometimes appeared hostile toward the district attorney.
"He showed his true colors," said Kate Hogan, Warren County District Attorney. "He was manipulative, deflective, minimizing and I think his testimony was a wonderful gift to the prosecution."
Warrington's attorney, Garfield Raymond, agreed that his client's demeanor on the witness stand didn't help him, but he maintains his position that prosecutors failed to meet the elements of depraved indifference murder and never definitively established that Warrington inflicted the fatal injuries.
"Everything was based on speculation and probably. And unfortunately I believe the jury wanted someone to pay for these consequences," said Raymond.
Warrington will be sentenced July 11. Mattison will be sentenced for hindering prosecution on June 19.