HAMILTON, Ohio — A father found not guilty of murder, but guilty of felony child endangering, in the death of his 2-month-old daughter was sentenced to eight to 10 years in prison on Thursday.
John Lincoln Powers, 24, was co-parenting his 2-month-old child, Kiara, at a residence on Merlin Way when the incident occurred, according to prosecutors. He went to Texas after the death of his daughter and was arrested there after he was indicted in December for child endangering, a second-degree felony, and murder.
Powers’ trial began June 20 in Judge Jennifer McElfresh’s courtroom. The prosecution rested June 27 and then Powers took the stand testify in his own defense.
Butler County Prosecutor Michael Gmoser said that while he does not second guess a jury decision, the split verdict did “disturb” and “shock” his staff and Fairfield Police investigators.
“I have to seek a understanding as to how juries make the decisions and I think I know how it was reached for an inconsistent verdict in this case,” Gmoser said.
He pointed to the law defining murder in two sections, “purposeful killing of somebody” and “violent conduct without the purpose to kill,” which is often referred by attorneys as felony murder.
“I believe this jury had serious concerns about the labeling under Ohio law with respect to murder. Finding somebody who is responsible for causing serious assaultive behavior, but they were unable to connect that to murder, which they felt should be more in line with the generally accepted definition in the street of murder compared what is the lawful definition of murder,” Gmoser said.
He applauded the work of the police investigators and his prosecutors, saying the medical evidence was spot on.
“It was nevertheless a guilty finding. A serious felony and my expectation is he will serve some serious prison time a the result,” Gmoser said.
Defense attorney Aricia Underwood did not respond to request for comment.
During the first day of trial, the jury saw body camera footage of a Fairfield police officer doing chest compressions with his thumbs in an attempt to revive Powers’ daughter. The defendant cried and wiped away tears as he saw his lifeless daughter on the floor in a pink sleeper.
Officer Andy McGuffey and paramedics were unsuccessful. The infant was pronounced dead on May 10, 2022.
Butler County Assistant Prosecutor Lindsay Sheehan said Powers recklessly abused the baby, causing her death.
Underwood said her client, who often cared for his daughter alone, was “careful; he was loving, he did not shake his daughter to death.”
The Journal-News is a media partner of WCPO.com.
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