Ormond father who killed infant son sentenced to life after jury rejects death sentence

Saying that instead of protecting his infant son he tormented and killed him, a judge on Thursday sentenced Calib Justice Scott to the mandatory term of life in prison without parole.

It was the only sentence Circuit Judge Dawn Nichols could impose for Scott's first-degree murder conviction after a jury rejected the death penalty. For the judge to have that option, all 12 jurors would have had to unanimously recommend death.

Scott, 26, appeared to show no emotion as a clerk read the jury's decision sparing him the death sentence. Scott also appeared to show no emotion as Nichols sentenced him to life in prison without parole.

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But Nichols had some words for Scott before pronouncing sentence.

"The abuse of this child was ongoing," Nichols said before sentencing Scott. "The second medical examiner specifically referenced old brain injuries to this child that were several weeks old. This abuse was not occurring just the day of his death. This child was subjected to torment, abuse for the entirety of his short life.

"The medical examiner specifically stated that there were old injuries to the child's frontal lobe that were several weeks old," Nichols said. "This child was a victim of abuse from you, Mr. Scott, the person who was charged with protecting him. You were supposed to be his protector. You were his tormentor and ultimately his killer. The jury has shown you mercy. Mercy you never showed Daemon."

In addition to the murder conviction, Scott was convicted of aggravated child abuse and child neglect causing great harm. Nichols sentenced him to 30 years on the aggravated child abuse charge and 15 years on the neglect charge, both to run concurrent with the life sentence.

The 12-member jury began deliberating at 9:05 a.m. and reached a verdict about 11:05 a.m. in the courtroom at the Volusia County Courthouse in DeLand.

After the verdict, Chief Assistant Public Defender Larry Avallone sent an emailed statement to The News-Journal.

"We are grateful for the outcome of this case. This was not an easy case for any jury to decide. The jury was able to set aside their emotions and consider the facts and mitigation in the case and arrive at a just verdict. We appreciate the professionalism of the judge, the court staff and opposing counsel," Avallone stated.

What happened to Daemon

The investigation began after Scott called 911 early on the morning of June 11, 2019, to his mobile home at 19 N. Yonge St. in Ormond Beach because he said Daemon was having difficulty breathing, a report said. The child, who was not quite 5 months old and weighed about 12 pounds, was taken to Halifax Health Medical Center in Daytona Beach where he was later pronounced dead.

Ormond Beach Police found that the child had been living in deplorable conditions in a filthy, cluttered mobile home with dog feces.

Assistant State Attorneys Andrew Urbanak and Heatha Trigones said that Scott should be sentenced to death for killing his infant son who suffered before his death in his short life.

Urbanak in his closing arguments told jurors that they should not allow Scott to spend the rest of his in prison where he could still enjoy privileges such as watching movies on a tablet.

Urbanak recalled testimony from a radiologist who said an MRI scan of Scott's brain showed no signs of a traumatic brain injury, which contradicted a defense expert who testified he saw indications of a traumatic shearing injury to Scott's brain.

Within 24 hours of being convicted of killing his child, Scott was laughing with other inmates at the jail, Urbanak said, reminding jurors of a recording of a jailhouse phone call played for the jury.

He said Scott had lied to police for more than an hour to try to avoid arrest and had been deceitful with a defense expert who interviewed him.

Prosecutors pushed for the death penalty

Prosecutors said that four aggravating circumstances justified sentencing Scott to death: that the child was killed while Scott was committing aggravated child abuse; that the murder was especially heinous, atrocious and cruel; that the child was under 12 years old; and that the child was particularly vulnerable because his killer was someone who was in a position of familial authority.

Urbanak said that Scott had enjoyed 9,658 days on Earth as opposed to his son, Daemon, who lived 147 days before his father killed him.

He told jurors that Scott deserved a death sentence and that if he were sentenced to life, he would still have many privileges in prison. Urbanak recalled testimony from a prison expert’s description about people sentenced to prison for life or “lifers.”

“They still have a fulfilling life in prison,” Urbanak said. “They can write, email, call and actually be visited by family members. He has access to a law library and a library. He can enroll in various programs. He can play sports. He can receive commissary. He can watch TV and utilize a tablet to download a movies as a lifer. Daemon Scott never got to appreciate any of these things. He never grew old enough to write or read or enjoy the simplest pleasures in his life.”

Attorney: He didn't mean to kill his son

Assistant Public Defender Rosemarie Peoples, who along with Avallone and Brian Smith represented Scott, argued that Scott had suffered a traumatic brain injury as a child, and grew up in poverty with a brother who would choke him until he was unconscious while wrestling at home. She said Scott attended school smelling so badly that it caught teachers' attention.

Peoples said that while Scott initially lied to police about what happened, he had accepted responsibility and was remorseful. Peoples said Scott never intended to kill Daemon.

Peoples displayed for jurors a slide of two plants on a screen in the courtroom. She said one of the plants was withered because it was growing in thorns while the other was prospering because it was in a field without thorns. She said Scott had grown up in a field of thorns.

Earlier in the trial, another defense witness testified that Scott had used drugs, including inhaling gasoline vapors and computer cleaner and using methamphetamine and marijuana.

Even though he was smaller than other boys, Scott played football while in school, which could have injured his brain, the defense argued.

Peoples pushed back about Urbanak's description of prison, saying it was not "Club Med," that it was prison and Scott would never leave until he dies.

She said Scott could tell other prisoners about his faith, about the dangers of meth.

"Calib is not beyond redemption because despite all the disfunction his family loves him," Peoples said.

She said Scott did not mean to kill Daemon.

Peoples said: "He never woke up that moment with an intent to kill that little baby."

This article originally appeared on The Daytona Beach News-Journal: Ormond Beach father sentenced to life for killing infant son