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Marine Convicted in Baby’s Beating Death

TIMES STAFF WRITER

A 36-year-old Marine Corps staff sergeant was found guilty Thursday of striking his girlfriend’s 13-month-old son in the abdomen, causing internal injuries that led to the toddler’s death.

In handing down a second-degree murder verdict in a non-jury trial, Orange County Superior Court Judge Francisco P. Briseno said he does not believe Ronald L. Backus intended to kill Travonne Jackson nor was he aware of the “lethal force” with which he hit the child.

But the judge said the defendant’s failure to disclose to anyone that the child needed medical treatment once it was clear the baby was in distress constituted “malice aforethought.” Briseno also noted Backus’ inconsistent statements and “lack of credibility” while on the stand.

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Deputy Dist. Atty. Lew Rosenblum expressed relief after the judge’s verdict.

“Any time you have a child killing, it’s a very difficult decision,” Rosenblum said. “I think the judge was very fair and very courageous in reaching his decision.”

Backus had been living with his girlfriend, 23-year-old Nicole Brunson, and her three children from a previous relationship at her apartment in the 1100 block of Walnut Street in Tustin when the death occurred in January 1996.

During the trial, Deputy Public Defender Donald Rubright contended that it was Brunson who had abused the child and should be charged in his death. At one point, his allegations caused Brunson to leave the courtroom abruptly. Rubright said Tustin police had erred by never considering her as a suspect and said the case against Backus was “entirely circumstantial.”

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Briseno rejected that idea, saying that an investigation by Tustin police made it clear that the mother was not responsible and that Backus was. She was not home when the child received injuries that included an ultimately fatal blow to the abdomen which ruptured the child’s liver, he said.

Rubright said during closing arguments this week that his client initially told police he had dropped the child because he wanted to avoid any investigation to protect his 15-year military career.

Rosenblum said the child’s injuries could not been caused by being dropped. The prosecutor said that when Backus learned this, “he had to switch defenses” and shift blame to the mother.

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Brunson wept as the verdict was announced and continued to sob in the hallway as investigators presented her with the baby’s crib, which had been in evidence. She declined to comment on the verdict.

Backus will return to court on May 9 to be sentenced by Briseno. He faces 15 years to life in prison.

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