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Tayvon Davis trial: Defense expert says CPR could’ve caused fatal injuries 19-month-old

Published: Jun. 16, 2022 at 6:26 PM CDT
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SIOUX CITY (KTIV) - The prosecution and defense have rested their cases in the murder trial of Tayvon Davis. But before resting their case, the defense made its argument to the jury Thursday, claiming Tayvon Davis is not guilty of first-degree murder.

Prosecutors spent five days building their case. The defense produced just two witnesses.

Their own forensic expert says the injuries to Maelynn could have been accidental or caused by someone else. They also recalled Jaime Myers, Maelynn’s grandmother, who testified she sometimes picked Maelynn up the arms which the defense says could have caused one of the injuries.

RELATED: Defense moves for mistrial in murder case after near mention of unrelated arrest warrant

Dr. Thomas Young, a former medical examiner, testified that authorities in the case started with the premise that Maelynn had been abused and used the facts found in her autopsy to justify that conclusion.

The defense argued Maelynn’s injuries were caused by accident, medical interventions or by illness and disease. Much of Dr. Young’s testimony focused on the CPR Davis administered to Maelynn while he and Jamie Myers rushed Maelynn to the hospital on Aug. 22, 2018.

How much CPR Davis gave to Maelynn is in dispute. In a police interview, Davis said he gave Maelynn “a couple” of pushes. Prosecutors attempted to nail down how that amount of CPR could cause catastrophic injuries.

“I can’t answer it because of a context problem I need to know what came before and I need to know what came after,” said Dr. Young while holding a copy of a transcript of a police interview.

It wasn’t just how Maelynn received her injuries. The defense also seized on an admission by Maelynn’s mother, Shannon Myers, that she timed her daughter’s naptime with when she and Davis wanted to consume drugs.

RELATED: Medical Examiner: Blunt force trauma caused death of toddler

Shannon Myers admitted she had a substance abuse issue, but she says she stopped using long before her daughter’s death.

“The reason why I quit doing cocaine was because it was taking too much time away from my daughter and too much money away from my daughter,” said Shannon Myers.

The prosecution was allowed to introduce evidence that it was Davis, the defendant, who provided the drugs to Maelynn’s mother. Neither has been charged with a drug-related crime in this case.

Court will be held outside of the presence of the jury Friday, and the jurors should have the case by Monday afternoon.

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