STACY BARKER FOUND GUILTY ON THREE COUNTS!

Emma Leigh Barker RIP

A Lancaster CA jury convicted Stacey Barker today on 3 counts:

1ST - DEGREE MURDER!!!!!! 

ASSAULT ON A CHILD CAUSING

GREAT BODILY INJURY OR DEATH!!!! 

CHILD ABUSE ON CHILD UNDER 8 YEARS OF AGE!!!

Sentencing for Barker will take place on June 17, 2011

Here is a list from the California penal code:

California - First-degree Murder

Title 8, Ch. 1, Sec. 187; 188-190

PENAL CODE
SECTION 187-199

187.  (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
   (b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:
   (1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.
   (2) The act was committed by a holder of a physician's and surgeon'
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
   (3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
   (c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.


188.  Such malice may be express or implied.  It is express when
there is manifested a deliberate intention unlawfully to take away
the life of a fellow creature.  It is implied, when no considerable
provocation appears, or when the circumstances attending the killing
show an abandoned and malignant heart.
   When it is shown that the killing resulted from the intentional
doing of an act with express or implied malice as defined above, no
other mental state need be shown to establish the mental state of
malice aforethought.  Neither an awareness of the obligation to act
within the general body of laws regulating society nor acting despite
such awareness is included within the definition of malice.

189.  All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate,
and premeditated killing, or which is committed in the perpetration
of, or attempt to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act punishable
under Section 206, 286, 288, 288a, or 289, or any murder which is
perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the
intent to inflict death, is murder of the first degree.  All other
kinds of murders are of the second degree.
   As used in this section, "destructive device" means any
destructive device as defined in Section 12301, and "explosive" means
any explosive as defined in Section 12000 of the Health and Safety
Code.
   As used in this section, "weapon of mass destruction" means any
item defined in Section 11417.
   To prove the killing was "deliberate and premeditated," it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.

189.5.  (a) Upon a trial for murder, the commission of the homicide
by the defendant being proved, the burden of proving circumstances of
mitigation, or that justify or excuse it, devolves upon the
defendant, unless the proof on the part of the prosecution tends to
show that the crime committed only amounts to manslaughter, or that
the defendant was justifiable or excusable.
   (b) Nothing in this section shall apply to or affect any
proceeding under Section 190.3 or 190.4.

190.  (a) Every person guilty of murder in the first degree shall be
punished by death, imprisonment in the state prison for life without
the possibility of parole, or imprisonment in the state prison for a
term of 25 years to life.

 Assault on a Child Causing Death

273ab.  Any person who, having the care or custody
of a child who is under eight years of age,
assaults the child by means of force that
to a reasonable person would be likely
to produce great bodily injury,
resulting in the child's death, shall be
punished by imprisonment in the state
prison for 25 years to life.
Nothing in this section shall be
construed as affecting the applicability
of subdivision (a) of Section 187
or Section 189. 

 

Child Abuse

273a.(a) Any person who, under circumstances or 
conditions likely to produce great 
bodily harm or death, willfully causes
or permits any child to suffer, or inflicts 
thereon unjustifiable physical pain or mental 
suffering, or having the care or custody of any child,
willfully causes or permits the person or health
of that child to be injured, or willfully causes or 
permits that child to be placed in a situation 
where his or her person or health is endangered. 
 
A child abuse charge in CA is considered a "wobbler"
(can be charged as a misdemeanor or felony
 depending on the facts in the case) if prosecuted
as a misdemeanor shall be punished by 
imprisonment in a county jail not exceeding 
one year and a $6000 fine, if prosecuted
as a felony and there is a conviction the
penalty is  in the state prison for
two, four, or six years.
 
Last but not least, another great big thanks to 
Tori, Ange, Gabe,
 Tiff, Anurse, and LCM for 
taking time from your busy lives to attend 
these hearings the last 2 years and this 3 week trial! 
You are Emma's Angels!
 

Thanks to LCM for this sweet picture of Emma!

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