Trial for mother accused of murdering 2-year-old son ends in mistrial

ATLANTA (CN) — A mistrial was declared Friday in the case against a former Georgia high school teacher accused of killing her 2-year-old son, Karter Ambrose, in 2020.

Jurors began deliberating Wednesday afternoon and returned Friday to the Houston County courthouse where they were unable to reach a unanimous decision by the end of the day.

Kianna Davis had pleaded not guilty to seven charges, including malice murder, felony murder, second-degree murder, cruelty to children and aggravated assault. Ambrose died after Davis brought him to a pediatrician Nov. 17, 2020, after the child had been throwing up and complaining of stomach pains the day prior.

Houston County Superior Court Judge Katherine Lumsden dealt with two notes from jurors Wednesday indicating a heated start to deliberations. First came a question from the foreperson about a “combative” juror who said she wouldn’t change her mind “in a million years.” Within the next hour, another note arrived from a juror who claimed the foreperson was “harassing” her about her vote.

After reviewing more video evidence Friday, the jury revealed it was still deadlocked. Only one juror thought Davis was guilty of felony murder; conversely, only one believed she shouldn’t be convicted on the lesser count of cruelty to children.

Davis’ attorney requested a motion for a mistrial and the state agreed it was the best option.

Assistant District Attorney of Houston County Justin Duane could not be immediately reached for comment on whether the case will be retried. Lumsden said the case is the oldest on her docket and urged the attorneys to let her know soon if they want the case retried.

Without any direct evidence or eyewitnesses, state prosecutors relied on circumstantial evidence as they attempted to portray Davis as a negligent mother. Still, they asserted to the jury that Ambrose’s death was not accidental.

A separate trial will be held for Davis’ boyfriend, Kiyon Benton, who prosecutors claim was also in custody of the toddler at the time his fatal injuries occurred. Benton has also pleaded not guilty and is expected to go to trial in November.

When the 35-year-old Davis took the stand on the third and final day of trial Wednesday to deny the accusations, she testified that Benton would never harm Ambrose.

She also said she never saw Ambrose fall or injure himself and claimed her son had been hospitalized before and suffered breathing issues.

The couple was not arrested until three years after Ambrose’s death when an autopsy report determined a blunt force injury to his abdomen fatally resulted in a lacerated liver. A medical examiner determined the injuries occurred within 72 hours of when Ambrose was admitted to his pediatrician’s office.

In the week leading up to that time period, Ambrose had stayed with his father, visited Davis’ grandfather and regularly attended daycare.

The boy’s father, Kadeem Ambrose, testified Tuesday that Davis told him he could no longer see or speak to their child on the day before his death.

The grandfather and a daycare worker, who said she had taken care of the child since he was 9 months old, testified Ambrose appeared normal, happy and healthy, and that they never noticed any visible bruising or scarring.

Yet, prosecutors argued Davis should have immediately sought medical help for her son when he was continuously throwing up and complaining of stomach pains the day before his death and that she was downplaying the severity of Ambrose’s symptoms.

“I’m telling you Ms. Davis is guilty of nothing,” her defense attorney Jeffrey Grube told jurors during closing arguments on Wednesday.

Davis has already been out on bond. She sat in the courtroom emotionless, with her head down, as she avoided a potential life sentence.

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