Jury finds man guilty of toddler’s murder

A jury didn’t buy Avery E. Sam’s claim that Spokane police detectives pressured him into confessing to killing a 20-month-old boy whom he and his wife sought out to bring into their home.

The seven women and five men deliberated about four hours before finding Sam, 38, guilty of second-degree murder in connection with the 2006 death of Devon L. Miller. The toddler died of severe bleeding on the brain that doctors and investigators believe was caused by violent shaking and multiple blunt-force strikes to his head.

Because of enhancements, Sam faces from about 16 years to life in prison.

Sam’s wife, Angelique Sam, wept as Superior Court Judge Kathleen O’Connor read the verdict.

“I love you, husband,” she said as corrections officers clicked the handcuffs on Sam.

Angelique Sam also exchanged words with Spokane County Deputy Prosecutor Kelly Fitzgerald as she left the courtroom.

“We haven’t even had the time to grieve because of all of this,” Angelique Sam said. “He’s still my son.”

“He’s nobody’s son anymore,” Fitzgerald replied.

The verdict ended a two-week trial in which defense attorney John Whaley attempted to show that Devon’s massive head injuries occurred from a fall in the bathtub on Aug. 2, 2006.

However, a CT scan the next day showed no injuries to the brain, according to court records. Avery Sam rushed Devon again to Holy Family Hospital on Aug. 4. Devon had severe bleeding on the brain, which caused 10 times the normal pressure, Fitzgerald said.

Devon, who had been placed in the Sams’ home through a joint agreement by the state Department of Social and Health Services and the Yakama Nation Tribal Court, died Aug. 6.

His death triggered both a criminal investigation and a fatality review by the state, which showed that the boy never should have been placed in the home because of Avery Sam’s previous criminal record.

Much of the trial centered on statements Sam gave to Spokane police

Detectives Tim Madsen and Mark Burbridge after Devon died. The detectives wrote in their report that Sam indicated he became frustrated that Devon kept messing his diaper and shook the boy for about a minute so that his head wobbled back and forth.

During his testimony, Sam said those were the words the detectives used and he simply agreed under pressure.

Angelique Sam defended her husband after the verdict.

“He had to express himself in a borrowed language,” she said. “Who knows how to talk to those people? There was never an opportunity to reveal the kind of parent Avery really is.”

Angelique’s sister, Tanya Tomeo, said Sam is one of the kindest men she knows.

“This is a miscarriage of justice because he is illiterate,” she said.

Whaley left without making a comment.

Fitzgerald said that Devon’s foster mother, Edith Depaz, who cared for Devon for the first half of his life, traveled from the Yakima area every day to attend the trial. However, Depaz could not make it to court in time for the verdict.

“It was nice to have at least one person who was here purely for Devon,” Fitzgerald said.

Reached by a victim witness coordinator, Depaz said: “It’s a good day for Devon.”