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Update: Delestre guilty of 2nd-degree murder in T.J.'s death

5:10 PM Thu, Dec 04, 2008 |
Mike McKinney    Email

delestre_afterverdict.jpg
Journal photo / Kathy Borchers
Gilbert Delestre, in the courtroom, in the minutes after the Superior Court jury announced its verdict against him. He showed little emotion as the verdict was read. Video: Watch as the verdict is read, before Judge Netti C. Vogel.


PROVIDENCE -- Four years after spilled milk and yogurt on an apartment rug led to the beating death of 3-year-old Thomas "T.J." Wright, Gilbert Delestre was found guilty today of second-degree murder and conspiracy to commit murder in the case.

Delestre had been charged with first-degree murder. The jury first began deliberating yesterday afternoon in the second trial stemming from the child's death.

Prosecutors said Delestre and his girlfriend and T.J.'s aunt, Katherine Bunnell, became angry when they returned to their Woonsocket apartment from a night out on Oct. 30, 2004, and found a mess on the living room floor. Prosecutors said the two beat the child who had been left in their care severely enough that he suffered bruises, broken bones and head injuries that shifted his brain in his skull.

The result, a Fire Department rescue worker said, left the child looking like he'd been in a boxing match. T.J. was declared brain dead and died the following day.

At trial in Providence County Superior Court, the prosecution made part of its case to the jury with the testimony of babysitter Kayla Roderick. She testified that when the couple returned home, they took turns beating the child. She said she turned to see T.J. flying through the air from Delestre's direction.

But defense lawyer Robert Mann sought a lesser charge, manslaughter, insisting that Delestre did not intend to kill the child .

In closing arguments, Mann tried to put a bigger share of the blame on Bunnell. But the jury in its verdict today found Delestre guilty of the same charges as Bunnell.

The first-degree murder charge calls for a finding of premeditation; second-degree murder does not.


karenwright.jpg
Journal photo / Kathy Borchers
Karen Wright, T.J.'s mother, right, wipes her eyes as she hears the verdict. At left is the child's grandmother, Mary Bunnell.


Karen Wright, T.J.'s mother and Bunnell's sister, cried before and after the verdict was read. She would not talk to reporters. Mary Bunnell, T.J.'s grandmother, said she expected the verdict.

This afternoon, state Attorney General Patrick Lynch, whose Assistant Attorneys General Stacey P. Veroni and Scott Erickson prosecuted both cases, issued a statement, saying in part:

"This brutal baby killer took the stand in his own defense in a cowardly attempt to convince the jury that he committed manslaughter, and not murder, and the jury did not buy it. They did not buy the defendant's explanations, just as another jury, earlier this year, did not believe the victim's aunt as she proclaimed her innocence."

But, he added, while appreciating the jurors' service "on a very difficult and emotionally-charged case, I am deeply disappointed that the verdict returned against this vile and vicious murderer does not adequately address the depth of his involvement or the darkness of his crime."

After the verdict, on the courthouse steps, prosecutors Veroni and Erickson spoke about the case.

Veroni said, "We were hoping for first degree murder. We're disappointed but we respect the jury's decision. The judge gave instructions and the jury apparently felt that we failed to meet all of the elements of murder one. This has been a painful experience. It's a difficult case to prosecute when you have children."

Erickson added, "I think we proved what (Delestre) claimed really happened didn't really happen."

Delestre's lawyer, Robert Mann, would not say yet whether the case would be appealed. He said he had to talk with his client and make a determination.

"You grieve for both families. You grieve for T.J. Wright," said Mann. "It's a tragedy. My heart goes out to T.J. Wright's family and to Gilbert Delestre."

Mann added that "everyone is devastated. [Delestre] is remorseful, very remorseful. His family is remorseful."

Delestre, 27, took the stand in his own defense on Monday. See ProjoVideo of Delestre's testimony.

Bunnell was convicted of second-degree murder and conspiracy and was sentenced this October to life with the chance of parole. Bunnell and Delestre had custody of T.J. and his two brothers in addition to their own two daughters because her sister and T.J.'s mother, Karen Wright, was serving a prison sentence for trafficking marijuana.

-- With reports from Journal staff writer Tatiana Pina and Journal archival reports

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Comments

pray said:

I pray eternal justice is served, perpetual remorse is unyielding and the soul of that child may rest in peace...



Jodi said:

Justice is served, finally. Thank you, jury panel, for taking on a very disturbing case and punishing those who harmed this precious child.



JO said:

I haven't been able to read many of the details of this story or trial because it is just too upsetting. That poor little soul never had a chance. Those two should both rot in jail. My question is why didn't the babysitter try to rescue this child from these abusers while they were beating him? Did she just stand there?



Jenni said:

please don't anyone talk negatively about the babysitter. she was very young at the time and was surely scared and did a very brave thing by testifying to bring these two monsters to justice.



disgusted said:

We can always use some organic matter in the landfill, and i think both of these useless pieces of Trash, should be shredded and put into one. I have no use for this type of behavior. It makes my stomach turn. May they never ever, find a moment of peace...



CP said:

The AG is "deeply disappointed that the verdict returned against this vile and vicious murderer does not adequately address the depth of his involvement or the darkness of his crime." These are people who had to take time away from work, their familes, put everything on hold to serve on a jury to hear that from the AG! They came back with a guilty verdict. They did not find him innocent. They did their job and Lynch is disappointed in them? What a joke.



Tricia said:

It is about time these two killers get what they deserve! TJ was an innocent victim! It sickens me that anyone would feel bad for these two animals! Now TJ can rest in peace! As for Bunnell, and Delestre,rot in that jail cell as you should!!!




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