State v. Mitchell

ANDERSON, J.:

Nathaniel Mitchell (Mitchell) was found guilty of homicide by child abuse. Mitchell argues the circuit court should have charged involuntary manslaughter as a lesser included offense. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

Nathaniel and Sonya Mitchell were acting as foster parents for Hodari, Náutica, and Passion Gardner. While under the Mitchells’ care, Passion, who was approximately two years and three months of age, died from severe head injuries. Mitchell was indicted and tried for homicide by child abuse under S.C.Code Ann. § 16-3-85.

At trial, numerous physicians testified…