BEAUMONT, Texas — The defense attorney for a Beaumont man charged in the death of a child is working to convince the jury his client's actions were not reckless.
Jurors heard painful testimony Tuesday during Darrell Brown's trial. Brown is charged with second-degree manslaughter in the connection with the death of Carter Osborn.
Carter Osborn was six when he was hit by an ATV at Tyrrell Park on May 8, 2021. ATVs are not allowed at Tyrrell Park.
Prosecutors are working to convince the jury that Carter Osborn lost his life because Brown was speeding in a public park that banned ATVs in the first place.
The prosecution played multiple 911 calls that were made after the wreck. In the calls, people could be heard screaming, “They hit the baby. They hit the little boy.”
Those present in court Tuesday also viewed police body camera footage and saw Carter Osborn’s autopsy. A forensic pathologist said Osborn had a fractured nose, a laceration above his eyebrow, a fractured cranium, a tear above one of the eyebrows, and contusions to the upper and lower lips.
The Osborn family chose to stay in the courtroom when pictures of Carter Osborn's injuries were shown.
The jury was left with a key question following opening remarks; Were Darrell Brown’s actions on May 8, 2021 reckless, or was the deadly wreck an accident and something he couldn't avoid?
Brown's defense attorney, Marcus Wilkerson, plans to convince the jury that it is the latter.
"The key in this case ultimately is that Mr. Brown tried to avoid those children and in doing so actually endangered his own life," Wilkerson said.
Wilkerson claimed Carter Osborn darted out from behind a car. He said Brown was sober and believes evidence will show the accident did not happen because Brown was acting in reckless disregard of the risks involved in riding an ATV in the park.
Related: Family continues fighting for justice in death of 6-year-old boy killed by ATV at Beaumont park
"It’s important for the public to know that he wasn’t intoxicated," Wilkerson said. "He didn’t have any drugs in the system or anything like that. That’s all important for the public to know."
Wilkerson feels it is important for the jury to know at least 100 ATVs were being driven in the park the day the accident happened.
"Ultimately he wasn't doing something that was so far outside of what other people might do that it's a gross deviation and therefore would constitute recklessness," Wilkerson said.
Brown's attorney said there was an area where the ATVs were riding and an area where vehicles were parked in general. He said evidence will show that the ATV issue is a "red herring" because the ATV could have easily been a 5,000-pound vehicle that hit Osborn.
“There were vehicles driving around,” Wilkerson said. “These kids could have run out in front of a vehicle. There's two sides to every story. Unfortunately, my client hasn't been able to fight his in public. He has to fight his in the courtroom."
Prosecutors did not want to go on record Tuesday. The prosecution plans to show evidence of a near 70-foot skid mark where Brown tried to brake before impact.
The trial is set to pick up Wednesday starting at 1 p.m.
If Brown is found guilty, he faces anywhere from two to 20 years in prison and up to a $10,000 fine.
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