Eighteen-year-old (18) Martwain Mackey has been charged with first-degree murder and two (2) counts of child abuse for killing his girlfriend’s three-year-old (3) daughter and abusing her one-year-old (1) daughter. On Saturday, at approximately 2 a.m., Mr. Mackey called Police from a payphone near 15th Avenue and Bethany Home Road. When Police arrived, Mr. Mackey was carrying the unresponsive three-year-old (3) girl. Phoenix Police Sergeant Steve Martos said it was immediately evident to Officers that the girl had been abused. Sergeant Martos said, “She had extensive injuries, severe injuries.” Officers found the one-year-old (1) girl in a nearby apartment with her mother who was asleep. The one-year-old (1) was transported to the hospital with injuries but was in stable condition. Mr. Martos told Police that he watches the girls at night while his girlfriend is at work. Mr. Martos also told Police he had been dating the girlfriend for six (6) months, but Police are not certain as to how long Mr. Martos had been abusing the girls. Sergeant Martos said the Police will continue to investigate and may bring additional charges as new facts come to light.
According to Arizona Revised Statute § 13-3623, a person who “Under circumstances likely to produce death or serious physical injury” either (1) causes a child to suffer physical injury; (2) causes or permits the child to be injured; or (3) causes or permits a child to be placed in a situation where the child’s health is endangered may be found guilty of a Class 2, Class 3 or Class 4 felony depending on whether the person acted intentionally, recklessly or negligently. Under Arizona law, the punishment for child abuse varies depending on the severity of the charge. For example, if the offense is charged as a “Dangerous Crime Against Children,” the person will face mandatory imprisonment of ten (10) to twenty-four (24) years.
According to Arizona Revised Statute § 13-1105, “A person commits first degree murder if: intending or knowing that the person’s conduct will cause death, the person causes the death of another person . . . .” Under this statute, first degree murder is a Class 1 Felony that may result in penalties such as twenty-five (25) years to life in prison without the possibility of parole, life in prison without the possibility of parole or the death penalty.
If you are facing child abuse charges, contact the Phoenix child abuse attorneys at Oracle Law Group for assistance with your child abuse case.