Baby-sitter guilty in death

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Dr. Diane Scala-Barnett, a forensic
pathologist, takes the stand while defendant Ronald Pheils, right, looks on.
(Photo: J.D. Pooley/Sentinel-Tribune)

Taking the stand in his own defense was not sufficient to convince a jury that Ronald
Pheils’ actions did not take the life of a 3-year-old boy.
The jury of eight women and four men took less than four hours Wednesday to return
the guilty verdict of reckless homicide in regard to the March death of the
toddler left in Pheils’ care.
Following the verdict, Common Pleas Court Judge Alan Mayberry proceeded directly to
sentencing and ordered the maximum allowed under statute of three years in
prison.
The 19-year-old defendant from Perrysburg Township took the stand Wednesday morning.
His testimony focused on his actions on the day when the young boy, for whom he
was baby sitting, was taken by ambulance to a Toledo hospital. The boy died
three days later.
Pheils was mostly calm and collected during his testimony, but choked up and cried
during discussion of the victim.
He said he did not shake the boy and did not injure him.
"I loved him, I would never do that," he said during his testimony.
Though he had only sat for the neighborhood family for a couple of months, he said he
loved the young child "with all my heart" and that he would "give
anything" for him.
Pheils detailed health issues the victim was facing prior to his death. The defendant
also attempted to explain his interaction with a jail informant who testified
against him Tuesday.
The morning began with testimony from prosecution witness Dr. Diane Scala-Barnett, a
forensic pathologist who performed the autopsy on the toddler.
She showed the jury pictures taken during her examination as well as microscopic
images of blood vessels and nerves from the eyes and brain of the victim.
Her definitive final statement was the boy "died of abusive head trauma."

When the doctor showed detailed photographs of the young boy as well as the inside of
his head, some members of the gallery left in tears.
She explained to the jury how axonal balls seen in the images she provided were
evidence of the rapid acceleration and deceleration which had to have occurred
to the head of the victim. Those axonal balls are nerves which were
"snapped like a rubber band." When that happens, the nerves coil up
like a ball and are only visible microscopically.
Scala-Barnett testified the force exerted would have been the equivalent of the
toddler being unrestrained in a rapidly moving car in an accident and being
tossed about.

Prosecutor Gwen Howe-Gebers is seen
demonstrating the motion of shaking a child.

The diagnosis, once called shaken baby syndrome, is now more commonly called diffuse
axonal injury or whiplash trauma. She said it can also occur in adults, though
it is rare beyond the age of 3.
"When there is axonal injury to this degree, all the circuits shut down. You
don’t do anything. You do not cry. You do not speak. Nothing," she said.

Pheils testified that prior to the boy becoming unresponsive, he had "tossed him
up a couple of times" but the victim "never left my fingertips."

He repeatedly denied ever shaking the toddler.
Defense attorney Christopher Zografides attempted to provide various alternative
causes which could have resulted in the child’s death. The pathologist said all
those things were not present in this case.
Regarding the possibility the injuries could have been caused from a fall from a bed,
the doctor said such a fall would cause minor trauma.
"This is not a minor injury," she said in a dramatic fashion. "If that
was the case, we’d have dead children all over the place."
In her closing arguments, Gwen Howe-Gebers, an assistant Wood County prosecuting
attorney, outlined for the jury their view and summation of the case.
Howe-Gebers reviewed the highlights of the testimony of each witness. She also
reminded them of Pheils’ testimony that the jailhouse informant, the Perrysburg
Township police officer and medical investigator all lied on the stand and the
defendant "was the only one to tell the truth."
She told the jurors, "After reviewing the testimony and the facts of this case,
you will find the defendant guilty as charged."
Zografides outlined what had been alluded to at various points in the trial which was
the conjecture the "Perrysburg Township Police had it in for (the
defendant) and his family."
Testimony had indicated an official with the department was named on a sign posted on
the Pheils’ family’s front yard prior to this incident which said that official
was "incompetent."
Zografides contended the pathologist who performed the autopsy was biased because
Wood County pays the Lucas County coroner’s office to perform autopsies.
Howe-Gebers countered the accusation noting how that official had taken a hands-off
approach in this case because of possible perceptions.
"What a scheme they have all come up with," Howe-Gebers said. "The
defense is throwing everything at you."
The defense attorney also reminded the jurors of bruising on the victim which was
observed days before the March 23 date in question. The attorney suggested the
actions which caused the bruising could have been the cause of the toddler’s
death.
The prosecuting attorney then again reminded the jurors of the autopsy and the nerves
shown.
"When these nerves are sheared you cease to exist."
Pheils is expected to file an appeal.

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