Lansing man convicted in death of 8-month-old daughter

LANSING - A Lansing man was convicted Tuesday of manslaughter and child abuse in the death of his 8-month-old daughter in May of last year.

Tatum Cole, 22, was sleep deprived and angry when he lifted the fussy infant with both hands and threw her onto a couch, according to testimony in a trial that ended Tuesday in Ingham County Circuit Court.

He also shook the child to get her to stop crying and refused to call for help until after the child had stopped breathing, prosecutors said, who asked jurors to convict Cole of first-degree felony murder and first-degree child abuse.

The jury deliberated for nearly a full day before finding Cole guilty of involuntary manslaughter and second-degree child abuse in the death of Ava Cole. The manslaughter charge is punishable by up to 15 years in prison.

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Ava had cerebral palsy, a heart condition and other medical problems and was more susceptible to injuries than other infants her age, according to testimony.

Doctors said she died from blunt force trauma to the head and had bleeding on both sides of her brain from injuries sustained early on May 14, 2016. An expert testified he found evidence of a prior head injury that had occurred at least three days previously.

The infant was taken off life-support equipment several days later.

Cole and Ava's mother, Rhonnie Thorpe, were not living together at the time, but Cole sometimes watched the baby and was aware of her medical problems, according to testimony.

Cole, who had been drinking alcohol and smoking marijuana, became frustrated with Ava's crying, picked her up and threw her down, then shook her when she didn't stop crying, according to testimony.

In an interview with police, Cole used a doll to demonstrate how he lifted Ava with both hands and forcefully placed her on a couch cushion. He demonstrated it a second time, using more force than he did the first time.

A videotape of the police interview was played to the jury.

As the child's condition worsened, a roommate urged Cole to call 911, but he refused, Assistant Ingham County Prosecutor Jonathan Roth said during closing arguments. Once rescuers arrived, he withheld information from them about what happened to the child to protect himself, the prosecutor said.

"He did not mean to kill her," Roth said. "This was sad and tragic, but that does not in any way excuse his actions or lessen his responsibility at all. He acted out of anger and frustration ... all made worse because of drug abuse and sleep deprivation."

Cole's attorney, Paul Toman, argued that Cole had "a natural human response" after the baby was injured and was afraid of losing his right to see her. He asked the jury to acquit his client of first-degree, felony murder and first-degree child abuse.

After the trial, Toman said the outcome was fair but declined further comment.

Cole has been in jail since last fall, when he was charged in connection with Ava's death.

Contact Ken Palmer at (517) 377-1032 or kpalmer@lsj.com. Follow him on Twitter @KBPalm_lsj.