DENVER—A Denver couple will stand trial on first-degree murder and child abuse charges in the death of a 7-year-old who weighed just 34 pounds when he died in their home, a judge ruled Thursday.
Jon Phillips, 26, and Sarah Berry, 22, will appear in district court Sept. 24 for arraignment, said Judge Andrew Armatas, ruling there was sufficient evidence to go to trial.
Chandler Grafner died on May 6 of dehydration and starvation after suffering cardiac arrest, according to a coroner’s report. A court document says that Grafner was kept in a closet for days at a time without food, water, or access to a toilet.
The couple could face life in prison if found guilty on first-degree murder, and up to 24 years if found guilty on the child abuse charge.
Defense attorneys Ann England and Darren Cantor argued Thursday during a preliminary hearing that Grafner had a number of pre-existing medical conditions that could have been the cause of death.
“It’s not as clear a picture as some people want to paint it,” Cantor said.
“Where’s the motive?” Cantor said, noting that neither Phillips nor Berry have a previous criminal history.
Cantor said Grafner, who was born prematurely, had always been small for his age. From July 2004 to September 2005, Grafner weighed 34, 35 and 34 pounds on three different visits to the doctor, England said.
Testifying for prosecutors, Denver police detective Larry Moore said that another child in the home, 5-year-old Dominick Phillips, told police that Jon Phillips and Berry would keep Grafner in the closet without food or water and would not allow him to go to the bathroom if he was “bad.” Moore said he found feces in the closet, which could be fastened from the outside, not allowing someone inside to exit.
Jon Phillips is Dominick’s biological father; he was the legal guardian of Grafner. Berry is Phillips’ girlfriend.
