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Glenn v. State

The state failed to disprove that the defendant was present but unaware when her boyfriend fatally abused her 3-week-old daughter.

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Following a bench trial in Wilkes County, Crystal Glenn was convicted of two counts of felony murder, two counts of cruelty to children in the first degree, and aggravated battery for her involvement in the abuse and death of her daughter, Tynisha Glenn.1 On appeal, Glenn contends that the evidence was insufficient to convict her as a party to the crimes. We conclude that the evidence was sufficient to convict Glenn of one count of cruelty to children, but insufficient with respect to the other count of cruelty to children, the aggravated battery count, and both counts of felony murder. Accordingly, we affirm in part and reverse in part. 1. The evidence presented at trial shows that Tynisha Glenn was born on April 7, 1999. Her seventeen-year-old mother, Crystal Glenn, suffered serious post-delivery complications, which resulted in the loss of a large amount of blood and an emergency hysterectomy. Tynisha left the hospital before Glenn, and stayed with Glenn’s mother for a week until Glenn was finally discharged. After Glenn was discharged, Tynisha came to live with Glenn and her boyfriend, Edward Quinn, in their Wilkes County home. Quinn was not Tynisha’s father.

Sometime during the morning of April 26, 1999, Glenn and others noticed that Tynisha was favoring one of her legs. At 10:45 pm that night, Glenn and Quinn finally took Tynisha to a hospital in Athens. Later, investigators asked Glenn why she had waited so long before taking the child to the hospital, and why she had taken her to Athens when the Wilkes County Hospital was much closer to their home. Glenn stated that she had been worried that the Department of Family and Child Services would take Tynisha away because on a prior occasion, at Wilkes County Hospital, DFCS had threatened to take away one of Glenn’s older children.

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