A Lawrence man charged with murdering his 5-month-old daughter sobbed and clutched his midsection Monday while pleading with a judge to lower his bond so he could get out of jail.
"I would respectfully love to be at my daughter's funeral," said Jay Daniel Decker, 26. "I wouldn't run."
But Judge Pro Tem Peggy Kittel kept Decker's bond at $250,000, citing the severity of the charge, Decker's criminal history, and his lack of ties to Douglas County.
Decker is charged with first-degree murder in the death of his daughter, Risha J. Lafferty. Emergency workers found the baby unresponsive Friday morning inside Decker's apartment at Edgewood Homes, 1600 Haskell Ave., and arrested Decker after a coroner ruled the death a homicide.
It's the second murder case this year in Lawrence involving the alleged abuse of a young child.
"Nobody likes to think about someone that innocent being the victim of a violent crime," said Capt. Dan Affalter of the Lawrence Police Department. "I think it's tragic that we would have any of these at all, much less two in a year."
Decker
Another Lawrence man, 22-year-old Jason W. Dillon, is awaiting trial for the June 18 death of his girlfriend's 3-year-old daughter. Both Dillon and Decker were watching the children on the day of the alleged murders while the girls' mothers were at work, police said.
Decker's mother, Marie Decker-Hyatt of Osawatomie, was one of at least seven family members who attended Decker's first court appearance. All wore buttons that showed a picture of Risha - but Decker-Hyatt and others shook their heads as Dist. Atty. Charles Branson read the formal murder charge.
Decker-Hyatt said she hasn't been told details of what happened in the moments leading up to the baby's death. But she said she believes the death was an accident and that her son is innocent.
"The autopsy came back too fast for me," she said. "God knows what happened. The truth will come through."
"We're his family. We love him. We support him whole-heartedly," said another family member, who declined to give her name.
Family members said the baby's mother also attended Monday's hearing, but she left before speaking with reporters. She and Decker also have another daughter together. The older girl is staying with family members.
Decker-Hyatt, who has the name "Jay Daniel" tattooed on her shoulder, said her son has had a rough life and that his father died in a car accident before he was born. Decker has a 1998 conviction in Johnson County for attempted robbery and a 2000 conviction in Linn County for residential burglary and vandalism, state records show.
Decker-Hyatt said her son and the baby's mother have been together for about four years and that they moved to Lawrence from Osawatomie about two months ago.
She described Risha as having a long face and high cheekbones - a "beautiful, beautiful baby," she said. Recently, she had begun calling the baby "Babbles" because she'd started babbling.
Police and Lawrence-Douglas County Fire & Medical were called about 8:20 a.m. Friday to Decker's apartment. Decker was holding the baby in his arms when emergency workers arrived, said Affalter, who supervises detectives for the Lawrence Police department.
The child wasn't breathing and didn't have a pulse. Affalter said there were "aggressive efforts" to revive her.
An autopsy later showed that the girl died from physical abuse, Affalter said. The explanation Decker gave police was not consistent with the baby's injuries, Affalter said.
But he and Branson declined to comment Monday about what explanation Decker gave or about what kind of injuries Risha suffered. Affalter said only that they were "traumatic injuries."
Decker was unemployed at the time of the death but was looking for a job, he told Kittel.
Kittel set Decker's next court appearance for 2 p.m. Thursday before Judge Paula Martin.
He is charged with killing the baby during the commission of an inherently dangerous crime - in this case, child abuse. The charge carries a penalty of 20 years to life in prison.
Comments
LJWorld.com doesn’t necessarily condone the comments here, nor does it review every post. Read our full policy. Also, read about banned accounts and harassing comments.
misplacedcheesehead (anonymous) says…
So, this miserable excuse for a human being was sobbing and begging for mercy???
Where the "H" was this slime's sense of mercy when that poor little baby girl was crying for mercy (non-verbally)?
Reminds me of another certain piece of trash known as Marty Miller, who had the nerve to write a letter and get it read at Mary's funeral.
As for Decker's mommy not believing he could do it; oh well. Ocoee Miller didn't believe her son was capable of murder either, and well folks, he was.
craigers (anonymous) says…
I am with you misplacedcheesehead. This guy should stay in prison as of right now. I don't care how much crying he does in front of a judge, if they are trying him for the murder then they should have convincing evidence that says so, which in my book would never let him out to attend his victim's funeral.
cavtrooper (anonymous) says…
Cheesehead 'n craigers,
Maybe he needs to have his case shifted to Judge "Let'em out" Martin's court!!
I'm with both of you... let him rot!!!
nlf78 (anonymous) says…
He doesn't deserve to get ANY closure by going to the funeral. He doesn't deserve to breathe quite honestly. I hope they keep him in a solitary cell, so all he can do is think of how he killed and hurt his OWN baby. But maybe the general jail population can teach him a lesson. I've always heard that child molesters and abusers don't get treated well.
whitetower (anonymous) says…
What ever happened to "Innocent until proven guilty."? Anyone ever accidentally dropped a baby? Anyone heard any proof yet? If he's innocent then that really sucks that he can't even go to her funeral.
All I know is it wouldn't be much of a fair trial with any of you three geniuses on the jury.
Dani (anonymous) says…
Amen Whitetower. I am getting so sick of the "fry 'em all" mentality of LJW posters. The only evidence in this article was the mention of the autopsy report and I guarantee you that Branson can't prove his burden with just that.
And even if this man did do it, we don't know that it was intentional. None of his previous convictions were for violent crime. And if it was unintentional, is it so hard to believe that this man is upset about the death of his daughter? Don't we want people who commit crimes to feel remorse?
angelofmine (anonymous) says…
I try to look at it from an objective standpoint. Still, as a parent to a small child (who I might add....has never been "dropped" thankfully!!) you see this sort of thing and the Mama Bear in you just comes out. Sure I'd like to hear both sides of the story....as any jury in any trial will. And accidents DO happen. But......if he was arrested that quickly there was probably a good reason for it.
whitetower (anonymous) says…
angelofmine,
I do appreciate your view on this and the intelligent way you have demonstrated it. I don't know one way or another of his innocents or guilt, but I think you have more faith in the "objectiveness" of the Prosecutor than I do. Maybe I have just watched too much TV but I get the feeling that there is a heavy need to "blame" someone and not too much "real" investigation happens before they start drawing conclusions. If an investigation goes fast, it's probably not thorough. It's tough for me to see it any other way.
All in all, though, I really have no working knowledge or facts of how things are going on and it's altogether possible that the Prosecutor's office is altruistic in their design.
Dani,
Thanks, I thought for sure I was going to get burned by someone... but there is still time. ;-)
lizzyp13 (E. Hall) says…
Standard operating procedure...because the autopsy showed something unusual they had to. Risha was in his care when she passed away, so they have to.
This comment was removed by the site staff for violation of the usage agreement.
lizzyp13 (E. Hall) says…
Objectiveness is the key...I find it funny though that the other man who is being charge w/ the same thing that happened in June is still waiting for trial, but Jay is already going on Thursday...makes me really question authority. He hasn't even met with his lawyer yet and nothing proper could possibly be prepared that quickly. It's all kind of amazing how the chips are falling for this family...
John1945 (anonymous) says…
Wendt:
I'm OK with most of your first response except for the Iraq part. And, as you well know, I know squat about biology and you do, so I bow to your knowledge about what the child does, or does not feel.
However, it is hardly a mystery that this is innocent human life and I believe it should be respected as such.
Even in the case of rape and incest you cannot show me anywhere else in American jurisprudence, even from the looniest liberal judge, that a child is punished for the sins of its father, much less sentenced to death.
Let's transfer some of our sympathy for John Robinson and the Carr brothers to some of these little ones.
lizzyp13 (E. Hall) says…
Again, just like I said on the other page...you people are focusing on the "what" not the "who". Her name was Risha and unfortunately she has been taken extra early to Heaven. This is NOT an abortion topic. Spend your time learning about the case and see if you can find a crack that could possibly lead to the truth, instead of bringing a subject up that has absolutely nothing to do with this. Expand your horizons...
Boscoe (anonymous) says…
Angelofmine: he was arrested that quickly because:
1) A baby died due to physical trauma.
2) He was with the baby at the time.
3) He has a record.
Prosecutors and police always look for the obvious. I'm sure they arrested him and charged him as "child abuse" is a possibility given the circumstances. They probably also want to use the indictment to justify searches, investigation, etc. They're also hoping he'll confess or make a deal to reduce their work.
Unfortunately there are too many folks that are willing to string the guy up without any proof. Maybe it was an accident, who knows.
bj05 (anonymous) says…
Lizzy-
FYI-Mr. Dillon has been to court at least 3 times. When Mr. Decker goes to court on Thursday, it will not be for his trial. That is a process that takes longer than 6 days. When Dillon was arrested, he went in front of the judge within a week as well, but it was not his trial. His actual trial will begin in November. Decker's case will likely take just as long.
hollograd (anonymous) says…
I agree this case is not about abortion this is about a baby girl whose life was cut short, and her father who is being maliciously blamed without ample evidence. Boscoe you were right with those three reasons for Jay's fast arrest. He was never arrested for violence, ever. If doing drugs and making bad decisions in your past is a crime then Pres. Clinton should be locked up too. Risha had been taken to the ER several weeks before because a family member had fallen with her and they took her to the hospital. The autospy hasn't ruled out that the physical injuries were from a previous incident. Why would a father kill his baby daughter and then be found at the door holding her sobbing. The fact that the other case involving a father guilty of murding his child is still fresh in the minds of the prosecution is causing one man to pay for the crime of another. Unfortunately in our well advanced world the law still assumes that two wrongs make a right. They looked bad on the other case and they weren't going to let it happen again. So a loving father has to not only deal with the loss of his beloved daughter but also with the loss of his freedom.
OldEnuf2BYurDad (anonymous) says…
Regardless... this whole situation is grievious. So many lost lives. It's all too tragic.
Even if justice is done. Even if some prisoners dole out some medieval, cell-block-D brand of justice on this guy, there will never be "closure" or "resolution". No amount of punishment will undo the loss of that child.
Wendt: Just make up a post saying that 5 month olds don't have a developed nervous system, and I'll feel a little better about this. Even if it's a lie, just post it.
heatherlandeo (anonymous) says…
to the person who thinks jay is guilty because he was
there and he "has a record" that is such crap. we know him personally and i too "have a record" and that does not mean anything. maybe if he had a record for being a baby killer that could be a reason for your comment. but just because someone has a record for robberey does not mean that they are automatically guilty of killing their child, even if he was there. you people who say this person and that person should fry as soon as they are accused of a crime should really wait until you know all of the facts in a case, which by the way you will never know all the facts in any case, EVER. despite what you may think. people go to prison all the time for crimes they did not commit. people are executed for crimes and later it is discovered that in fact someone else did it. we are not God and do not have the right to decide if another human should be put to death for a crime we are "sure" they commited. otherwise we are no different than anyone who thinks they have the right to kill someone for some wrong they think that person has commited. and finally we agree with jays mother that the truth will come out. he did not do it.
heatherlandeo (anonymous) says…
what in the h*ll does a father who raped his child have to do with a father who is "accused" of killing his child? a person dying can always be an accident a 2 year old being raped by ANYONE can ONLY be rape.
spikey_mcmarbles (anonymous) says…
I like to name Jay Decker a terrorist, and let Pat Roberts torture the truth out of him. Please pass the electrodes, and while you're up, turn the generator on.
OldEnuf2BYurDad (anonymous) says…
This is one reason why I have so much sympathy for cops. We see the cops beating some guy on video for no good reason (which is wrong), but we don't see all the many, many times that they were traumatized in terrifying situations. The same with soldiers who commit atrocities... men are not made for killing, so it shouldn't surprise us that someone who's been ordered to kill other people snaps at some time later in life and does some weird, bad stuff.
Wendt tells us about having to walk by the perpetrator. How does a cop [with a gun, a nightstick and a tazer] feel when they are all alone in a squad car with someone who has done such a thing. I cannot imagine being able to maintain control.
No amount of training can fully prepare a person for such a thing.
srj (anonymous) says…
I am sure Mr. Decker never meant to harm the baby. Things happen. But you still go to jail. If you "have a record" that already shows you have made bad decisions in the past. That's why you normally get an easier sentence your first time for non-major crimes.
lizzyp13 (E. Hall) says…
Look at Jay's picture. To me, I see the question of "why" written all over it. There is pain and a lack of understanding. Over my life, when I've seen someone accused of a crime, I can just see the crime in their eyes and written on their face. There is a coldness about their face. Think back to the recent stories of Scott Peterson or even the BTK. One can see the crime expressed on their face. I don't know, maybe I'm wrong, but that's what I see.
Calliope877 (anonymous) says…
When I look at Jay's picture I see alot of grief. IF he did kill his daughter, I think it was unintentional. Like lizzyp13 said, you can tell alot about a person from their face. There's no excuse for what he did, IF he did it, but if it turns out that he did kill his daughter, his conscience will be the punishment that'll exceed any amount of jail time given to him. And even IF he's not guilty, his conscience will still torture him by him asking himself, "What if I'm really to blame? What if there was something I could've done?"
John1945 (anonymous) says…
Posted by wendt (anonymous) on October 18, 2005 at 12:38 p.m. (Suggest removal)
The timer starts........(three, two, one)
NOW
on calling me a baby killer.
Wendt:
Looked back to see what the referent for this was and couldn't find it. Was not directing any personal accusations at you. Apologies if I was misunderstood. If the original was still up I could address it more clearly.
ldynblue (anonymous) says…
If you're using TV as a ruler for how an investigation is done, there's the first problem. He wouldn't be arrested without due cause. A person can't be thrown in jail on a hunch or gut feeling.
hollograd (anonymous) says…
I have an opinion on the last comment. Blue you have much more confidence in the judicial system than me, and I've yet to be in trouble with the law. Sure I've had my speeding tickets. Do you ever watch TV, people are falsly accused all the time. No people don't go to jail for no reason, but when a person dies especially an infant someone has to go to jail. This is even more important to the law because of the recent cases of child murder which may have been prevented if the law had payed more attention. Like the recent case of the father who killed one daughter--got away with it and then killed the other one. Only then did the law charge him with the first murder. Like I said before Jay is paying for another man's crime.
Boscoe (anonymous) says…
heatherlandeo: I wasn't saying that Jay was guilty. If you read what I posted, I'm actually giving him the benefit of the doubt.
I said that one of the reasons he was arrested was that he has a record because, well, that's how police work.
People with a past history of crime are more likely to commit another crime. Police work is mostly a function of the obvious. When a crime is committed the first folks they look at are convicts. The fact that Jay was convicted of something in the past, even though non-violent, I'm sure increased the interest of the police.
Also, given that Jay has had a run-in with the law before, I'm sure he's more than a bit nervous talking to cops, which would make his interview even rougher. The fact that he was upset over the death of his daughter I'm sure made it even worse.
Anyhow, please don't misunderstand my comments as implying a belief in his guilt. I don't know enough about the case to comment on that. I was just explaining to an earlier poster that he's not necessarily guilty because he was arrested quickly.
lizzyp13 (E. Hall) says…
Boscoe ~ You are correct, as you were before. Thank-you for your clarity and understanding. It's great to see those who take care of their thoughts and actions.
carrieann1977 (anonymous) says…
it is nice to see that some people still have faith in humanity. we need to speak up and out about everything we know for a fact, not what we think.we dont know what happened to my friend and his daughter. why isn't anyone looking at her mother?why does everyone assume it was the dad.men get abused too.they just dont talk about it.they will find the truth in time.until then we need to suport our friend and his family.truth has a way of coming out, even if we dont want it too.
carrieann1977 (anonymous) says…
also why didnt risha's mother leave or report the abuse she says happened?if someone was abusing my children i would make sure people knew about it.and it was stopped.