Supreme Court reverses verdict in toddler’s death

Wednesday, Dec. 6, 2000 | 10:36 a.m.

CARSON CITY -- The Nevada Supreme Court Tuesday reversed the first-degree murder conviction of a Las Vegas day-care operator -- the third time in two days the court has overturned murder convictions because of faulty jury instructions.

The court ordered a new trial for Alica Daneen Wegner, who was convicted of the March 1997 killing of 14-month old Kierra Harrison. She was sentenced to life in prison.

There was disagreement at the trial among medical experts over whether the child had suffered the skull fracture before she was dropped off at the day-care center or at the time she was under the care of Wegner.

The parents were notified on March 3 their child had fallen and may have suffered a seizure. Wegner put her in a crib but later called 911 when the color of the child changed. Kierra died two days later.

Some doctors at the trial said the death of the child was due to a blunt force trauma. The injury was similar to a child falling more than 10 feet.

The jury was given an instruction that "malice aforethought was a necessary element of the crime of first-degree murder." The instruction said murder by child abuse is considered conclusive evidence of malice aforethought.

The court said various medical experts gave conflicting testimony at trial.

"Some of the medical testimony suggested that the victim may have already been injured before being placed in Wegner's care," the court said. "The jury may have concluded that Wegner committed child abuse, aggravating a previous injury without malice aforethought.

"In such a circumstance, Kierra's death would not have been a product of malice aforethought but possibly a result of neglect or endangerment," the court said.

The court said District Judge Mark Gibbons should have given an instruction on involuntary manslaughter.

On Monday the court voided the first-degree murder conviction of John Moxley, who was found guilty in the death of his 2-month-old son in 1997 in Las Vegas. It said the same instruction on malice given the jury by District Judge John McGroarty was in error and Moxley deserved a new trial.

Also on Monday the court overturned the first-degree murder conviction of Travis Runion in the fatal shooting of Josh Pendergraft because of a faulty jury instruction. It ruled District Judge Joseph Pavlikowski was wrong in denying a jury instruction on self-defense.

The court said a person is justified in using self-defense when he is in "apparent danger" and not just in "actual danger."