KNOXVILLE, Tenn. — UPDATE WEDNESDAY, SEPT. 27: A 27-year-old Knoxville man was found not guilty of murder Wednesday in the 2022 death of his unborn child.
But a Knox County jury did agree to convict him of vehicular homicide in the June 2022 incident.
Knox County Criminal Court Judge Steve Sword set sentencing for Payton McCarty for Friday, Nov. 17. Vehicular homicide is a Class C felony in the state, carrying a range of punishment of 3 to 15 years.
McCarty was arguing with the baby's pregnant mother, Jashara Mitchell, outside her apartment on Atlantic Avenue. Her clothing became caught in his pickup door.
He drove off, dragging Mitchell with him. Prosecutors argued he sped off deliberately, intent on hurting her.
She ended up lying in the middle of Atlantic, seriously injured. McCarty didn't return, and he didn't call 911 to get her help, prosecutors Leland Price and Sean Roberts said.
The fetus died. McCarty and Mitchell have another child together, testimony showed.
Defense attorney Mitch Harper told jurors the state wanted them to assume too much information without enough actual proof. McCarty didn't intend for the fetus to die, Harper said.
Through their verdict, jurors decided he caused the unborn child's death with his pickup truck.
The couple had quarreled four months before, authorities allege, during which time McCarty also had grabbed Mitchell and hurt her while driving, a warrant states.
McCarty originally was indicted on counts of felony murder, the attempted especially aggravated kidnapping of Mitchell, vehicular homicide and the aggravated assault of Mitchell.
Rather than convict him of felony murder, the jury chose to find him guilty of a lesser count of reckless homicide. They also declined to convict him of the attempted kidnapping and assault counts.
PREVIOUS STORY: Payton B. McCarty dragged his girlfriend twice with his vehicle last year, prosecutors allege. The second time proved fatal.
The 27-year-old faces trial starting Monday in Knox County Criminal Court on charges of felony murder, vehicular homicide, attempted especially aggravated kidnapping and aggravated assault.
According to prosecutors, he dragged Jashara Mitchell for nearly 100 feet from his speeding pickup in the middle of the night -- 2:45 a.m. -- June 16, 2022, on Atlantic Avenue in North Knoxville after they'd argued.
Mitchell was more than six months pregnant at the time.
Their unborn child -- a viable fetus at that point -- died. Mitchell, who is 4 feet 10 inches in height, suffered serious injuries.
According to Knox County prosecutors, the June incident was the second time he'd done that to Mitchell. They're asking Judge Steve Sword to allow them to present evidence to the jury of the first incident, which they allege took place in February 2022, just four months before.
As of Friday, the judge was pondering their request.
According to court records, McCarty quarreled with Mitchell the night of Feb. 18, 2022, also on Atlantic Avenue. The argument started inside the vehicle.
McCarty "became violent and punched her in the face twice and hit her with an auto tool on the left side of her head," records state.
Mitchell tried to get out.
McCarty, according to police, grabbed her and held on as he drove the vehicle "forwards and backwards in the driveway," refusing to let her go.
Police who responded to the scene saw visible injuries to her face and debris on the back of her clothing.
"The victim called for a passerby to call the police, which led to the suspect fleeing the scene," a warrant states.
She declined ambulance care. She told police at the time that McCarty was her ex-boyfriend.