AUGUSTA, Maine — A Wiscasset woman has been convicted of depraved indifference murder in the case of a 4-year-old girl's death.
In a guilty verdict revealed Tuesday afternoon, Shawna Gatto's actions were linked to the fatal beating of Kendall Chick in December 2017.
A Maine superior court judge called Shawna Gatto's statements to police utterly unworthy of belief. Over the course of an hour, Justice William Stokes said physical evidence and Kendall Chick's autopsy revealed violent – intentional -- horrific abuse.
"Kendall's head was literally smashed into the wall of her bedroom with such force the drywall was broken," said Stokes. "Such conduct can only be described as torture."
"Obviously, we're disappointed," said Gatto's defense attorney, Philip Cohen. "We have to respect the court's decision and now we have to move on and look at all our appeal options."
Justice Stokes said the Attorney General's Office proved depraved indifference murder beyond a reasonable doubt. State attornies Donald Macomber and John Also say this if the first step towards justice for Chick.
"The message is if you have a child or you're responsible for caring for a child you do not hit that child," said Assistant Attorney General Macomber. "If you kill that child you're going to spend the rest of your life, a good portion of the rest of your life behind bars."
Stephen Hood, Chick's grandfather, who testified during the bench trial, was present in the courtroom for Judge William Stokes' verdict.
A sentencing date for Gatto was tentatively scheduled for June 25.
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Chick was in the care of both Hood and his girlfriend, Gatto, at the time of her death, placed there by the Maine Department of Health and Human Services.
In response to the verdict, Sen. Bill Diamond, D-Windham, called on DHHS, the courts, Legislature and law enforcement to address the issue of child abuse.
"We will never be able to undo the harm that was done when young Kendall’s life was brutally taken from her, but today’s decision is a step toward accountability for her killer. We also have a responsibility to look at the larger issues here," Sen. Diamond said. "For example, Kendall’s grandfather, Stephen Hood, testified under oath that DHHS only checked in on Kendall one time in three years. That is unacceptable – one more visit could have saved her life."
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Gatto's trial began earlier this month. In the first day, state Assistant Attorney General Donald Macomber talked about Gatto's alleged recounting of the events that unfolded after Chick was found unresponsive.
Macomber said Gatto reportedly told Hood that Chick "was fine 10 minutes ago, she was fine 10 minutes ago; she was fine," when Hood rushed in from outside at Gatto's request to attempt CPR before the EMTs arrived. She also allegedly repeated the statements in a phone call from the jail after her arrest.
Day two included testimony from Dr. Mark Flomenbaum, Maine’s chief medical examiner, who chronicled evidence connecting Chick's supposed cause of death to child abuse over a multiple-month period.
Hood testified on day three, during which prosecutors played a 30-minute jail call between Gatto and Hood. In the recording, Hood is heard saying, "I am scared and worried for you and me," to which Gatto replies, "Why do you say that?" Hood then says, "Had I known about it I sure as (expletive) would have put a stop to it." Gatto asks, "What do you mean?"
After Hoods tells Gatto, "If there was any abuse going on in this house… you have got us in such a (expletive) up situation… I come home from work and…" Gatto replies, "Don’t say it don’t say it."
Gatto requested that the testimony at Capital Judicial Center in Augusta should be heard by a judge and not a jury.