Defense attorneys call Bellingham toddler’s 2019 death ‘tragic accident,’ as trial begins
Defense attorneys for a Whatcom County woman accused of murdering a 3-year-old Bellingham girl argued Monday that the toddler’s death was from choking and a lack of oxygen to her brain, not from abuse.
The jury trial for Kamee Nicole Dixon, 30, began Monday, April 11, in Whatcom County Superior Court. Dixon is charged with homicide by abuse and second-degree murder for the Nov. 30, 2019, death of Hazel Journey Homan.
Both criminal charges for Dixon include aggravating factors that allege Dixon used her position of trust or responsibility to commit the crimes and that Dixon knew or should have known that Hazel was vulnerable or incapable of resistance. The murder charge includes a third aggravating factor that alleges Dixon’s conduct manifested deliberate cruelty to the victim, according to court records.
Hazel’s death was ruled a homicide Jan. 23, 2020, by the King County Medical Examiner’s Office.
Dixon was not Hazel’s biological mother, but was Hazel’s primary caregiver and was in a relationship with Hazel’s biological father, Brandon Homan, at the time of the toddler’s death.
Dixon has been incarcerated in Whatcom County Jail since December 2019 in lieu of $1 million bail.
‘No such monster in this case’
During Monday’s opening statements, one of Dixon’s defense attorneys, Emily Beschen, said Hazel’s death was a “tragic accident.”
Beschen said that on the morning of Nov. 27, 2019, Hazel choked on a breakfast sandwich Dixon had bought her and the lack of oxygen to Hazel’s brain ultimately resulted in her death.
“They were raising her to be an independent young girl not stopped by her disabilities. … She lived an active life during her last six months,” Beschen said. “This is not a plot to a movie. Inventing dramatic versions of events will not aid you as jurors in determining the truth. This is real life and these are real people.”
Around 8:15 a.m. on Nov. 27, Dixon left Homan’s home in Ferndale with her biological son and Hazel. Before dropping her son off at school in Bellingham, Dixon stopped to buy the children breakfast sandwiches, Beschen said.
Dixon went to her Bellingham apartment at around 8:45 a.m. with Hazel. The toddler took a shower and was then sitting in front of the couch eating the breakfast sandwich Dixon bought her while Dixon went through paperwork, Beschen said.
When Dixon got up to check on Hazel, she found the toddler slumped over and not breathing, Beschen said. Dixon splashed water on the child’s face, pounded on her back and attempted to clear her airway, but the child was unresponsive, Beschen said.
Dixon then wrapped Hazel in a blanket and ran to a neighbor’s apartment for help because she couldn’t find her cellphone, Beschen said. The neighbor dialed 911 while another person in the apartment started CPR until paramedics arrived and took Hazel to St. Joseph’s hospital in Bellingham.
Hazel had stopped breathing and went into cardiac arrest, Beschen said. From the time Hazel started choking to the time a pulse was recovered at the hospital, Hazel’s brain had been without oxygen for more than an hour, she said.
Hazel was airlifted to Harborview Medical Center in Seattle after X-rays revealed the toddler had a bilateral subdural hematoma, or bleeding on the surface of her brain.
Beschen said the evidence will show that markings that had been mistaken for abuse on Hazel’s body were actually a skin pigmentation issue and markings from medical intervention as medical professionals attempted to save Hazel’s life.
During testing done at Harborview, a doctor came to the conclusion that the blood clots on Hazel’s brain were not very large and didn’t result in Hazel’s brain death, Beschen said. The condition Hazel was in was based on her cardiac arrest and a prolonged period of time without oxygen, not due to her brain bleed, Beschen said.
Hazel had a small fracture on the inside of her left kneecap and her elbow, as well as fractures to almost the entirety of her thoracic spine. Beschen said the spinal fractures were compression fractures similar to those seen in people with osteoporosis or in children with cerebral palsy or serious health conditions. Hazel’s spine was diseased and there were underlying conditions that caused these fractures, Beschen said.
The medical examiner also did not rule out choking as a cause of death for Hazel, Beschen said.
Several witnesses are expected to testify that they heard a prosecuting attorney say at a court hearing in December 2019 that “Dixon had literally shaken the life out of Hazel Homan. They heard the prosecuting attorney say she had cigarette burns to her body, fractures and evidence of abuse. Only a complete monster would burn a child with cigarettes and beat them so badly to have a fractured spine and fractures all over their body,” Beschen said. “I anticipate that the evidence will show there is no such monster in this case.”
‘Injuries do not represent a coincidence’
Chief Criminal Deputy Prosecuting Attorney Erik Sigmar said in his opening statement that Dixon hit Hazel until the child suffered a traumatic brain injury that resulted in her death.
Sigmar said the Washington State Department of Children, Youth and Families (DCYF) had found both of Hazel’s biological parents to be unfit to parent her and she was removed from their home and placed with her paternal grandparents for the majority of the first three years of her life. During this time, Hazel lived a normal life and there was no indication she was repeatedly sick or injured, Sigmar said.
Five months before her death, Hazel was placed back into the custody of her biological father, Sigmar said. In those five months, DCYF met with Hazel at least 11 times, Sigmar said.
Dixon would care for Hazel while Homan, Hazel’s father, went to work at a refinery. Sigmar said evidence will show that Dixon resented being left alone at home with Hazel and that she viewed the child as problematic.
In August 2019, Hazel’s cousin noticed a bruise on the toddler’s back and told an adult. When Hazel’s paternal grandparents brought up their concerns, Homan and Dixon cut them off from Hazel and started isolating the child, Sigmar said.
Hazel suffered a second-degree burn to her hand in September 2019 while being cared for by Dixon, who did not take the child to receive medical treatment, Sigmar said. When Hazel was taken to see a doctor, they referred her to a burn clinic in Seattle to receive care.
When Hazel was seen at a burn clinic in Seattle more than a week later, doctors noticed that Hazel also appeared to have an eye injury, and Dixon and Homan were instructed to take her in for care immediately, Sigmar said.
Three days later when Hazel was taken to see an eye doctor, the doctor determined Hazel had suffered an alkaline injury or chemical burn to her eye and noted that there was a delay in providing medical care for the child, Sigmar said.
Hazel also fell down the stairs several times during the five months she was placed with Homan and Dixon, Sigmar said.
“That placement would result in five months of severe injuries and ultimately cost Hazel her life,” Sigmar said.
While caring for Hazel alone, Dixon inflicted head trauma on Hazel, Sigmar said. A child abuse physician, who was called in due to suspected abuse of Hazel, determined that there was no other explanation for Hazel’s presentation other than abusive head trauma or inflicted trauma, Sigmar said.
“I expect the evidence to show that the constellation of injuries to this 3-year child will graphically demonstrate that her death was no accident. What was observed on autopsy and all of these injuries do not represent a coincidence — quite the opposite,” Sigmar said. “The number of injuries, timing of injuries and severity of those injuries condensed during that period of time when Hazel was alone with the defendant reveal abuse and repeated assaults inflicted on a vulnerable child who should have been safe, secure and protected.”
Resources
▪ Brigid Collins Family Support Center: 360-734-4616, brigidcollns.org.
▪ Child Protective Services: Washington state hotline for reporting child abuse and neglect, 866-829-2153.
This story was originally published April 12, 2022 at 9:00 AM.
