Henderson “choked” Oshawa youngster in rage, Crown claims within the homicide trial

The Durham Area Courthouse.

  • Denim Henderson is charged with second degree murder, aggravated assault, and assault in the death of nine-month-old Kaleb McKay in 2016.

The trial of a man accused of killing an Oshawa child is nearing completion. The case is due to be presented to the jury for deliberation this week.

Testimony in the Denim Henderson case ended on Friday, December 3, when the defendant dismissed the Crown’s allegations that he killed nine-month-old Kaleb McKay in a fit of anger when the baby refused to settle down for a nap .

Prosecutor Jinwon Kim alleged that Henderson, desperate to party with a friend, got impatient with a “picky” caleb and forced the baby face down on his crib mattress.

“When you put Kaleb down, your goal was to silence him. He wouldn’t do that and you would get angry, right? “Kim asked.

“No,” replied Henderson.

“You suffocated him,” claimed Kim. “You pressed his face into the mattress.”

“No,” said Henderson.

Henderson’s trial began on November 8th. Jurors heard that paramedics pronounced Kaleb dead on the night of December 29, 2016 while responding to an emergency call at the Oshawa apartment that Henderson shared with Kaleb’s mother, Jordan Brownell.

A subsequent autopsy revealed that Kaleb had sustained dozens of injuries, including bruises, abrasions, and fractures on his tiny body. Many of the injuries are said to have occurred at or shortly before Caleb’s death, the court said.

Henderson, 29, has pleaded guilty to second degree murder, aggravated assault, and failure to care for Kaleb. The Crown claims Henderson injured the child and then failed to provide medical care.

Henderson chose to take a stand in his own defense, even though it meant sacrificing his right to silence – and undergo rigorous cross-examination by the Crown, defense attorney Tom Balka said in a brief address to the jury before evidence was presented became .

Henderson was interrogated for a day and a half by Kim, who meticulously challenged the accused in his story. Henderson told jurors that at the time of the infant’s death he had only lived with Kaleb, his mother, and Kaleb’s sister for two months. He denied ever hurting the child and instead testified that he tried to be a father and “bond” with the baby.

He said he was engaged in a list of activities on the day of Caleb’s death, including buying a car, meeting a friend, and buying marijuana to meet that evening.

Henderson said he took Kaleb down for a nap around 3 p.m., then went to the friend’s house, bought some marijuana, and returned to the apartment, where they hung out, had a few beers, and smoked from a bong in the bathroom.

Henderson testified that at one point in the evening he checked caleb and found the baby cold and lifeless.

The court heard that Brownell made a desperate call to 911 that night just after 8 p.m.

Kim claimed Henderson’s first thought when he found Kaleb was that he would be accused, so he took steps that consisted of rushing to the bathroom and rinsing the child off with water. Henderson insisted that he wanted to warm the child; the prosecutor suggested that he actually washed blood from Caleb’s body.

“It had nothing to do with washing,” replied Henderson.

Attorneys for the Crown and Defense are expected to present their final motions to the jury on Tuesday, December 7th. After that, Supreme Court Justice Laura Bird will give the jurors one final charge and they will be confiscated to begin their deliberations.

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