Whatcom woman guilty of abusing Bellingham toddler to death requests new trial

A 30-year-old Whatcom County woman found guilty by a jury last month of abusing a 3-year-old Bellingham girl to death in 2019 has asked for a new trial.

A jury found Kamee Nicole Dixon guilty June 30 in Whatcom County Superior Court of homicide by abuse for the Nov. 30, 2019, death of Hazel Journey Homan. Dixon was also charged with second-degree murder, but a mistrial was declared because the jury was deadlocked and couldn’t reach a unanimous verdict.

Dixon’s sentencing was originally set for July 14, but has been rescheduled for Aug. 2, according to court records. She faces up to life in prison.

Hazel’s death was ruled a homicide Jan. 23, 2020, by the King County Medical Examiner’s Office. Dixon was not Hazel’s biological mother, but was Hazel’s primary caregiver and was in a relationship with Hazel’s biological father, Brandon Homan, at the time of the toddler’s death.

Dixon’s defense attorneys argued that Hazel’s death was a “tragic accident,” that occurred after Hazel choked on a breakfast sandwich and the lack of oxygen to the child’s brain resulted in her death.

But the prosecution argued that Dixon hit Hazel until the child suffered a traumatic brain injury that resulted in her death. Chief Criminal Deputy Prosecuting Attorney Erik Sigmar said during the trial that over the last five months of her life, Hazel suffered repeated abuse at the hands of Dixon.

Dixon is the first person to be charged, tried and convicted for homicide by abuse, which has been a criminal charge since 1987, by the Whatcom County Prosecutor’s Office.

Dixon’s jury trial began in mid-April, with jury selection occurring in March. It is the longest-known criminal jury trial in Whatcom County history — spanning 95 days, according to a June 30 press release from the prosecuting attorney’s office.

New trial request

Dixon’s defense attorneys, Douglas Hyldahl and Emily Beschen, filed a motion with the court July 6 requesting a new trial for Dixon. In the motion, Hyldahl argued that Dixon’s right to a fair trial had been jeopardized because the jury misunderstood the definition for torture.

In the court’s instructions to the jury, it states that “a person commits the crime of homicide by abuse if, under circumstances manifesting an extreme indifference to human life, the person causes the death of a child or person under sixteen years of age, and the person has previously engaged in a pattern or practice of assault or torture of the child or person under sixteen years of age,” according to court records.

After the jury returned its verdict, the defense and prosecuting attorneys and the judge spoke with six or seven jurors. The judge left when Hyldahl said he wanted to discuss deliberations with the jurors, court records state.

Hyldahl wrote that several of the jurors had a hard time determining what was defined as torture, and that “they were essentially left to their own devices to come up with a meaning for the term.” Hyldahl wrote that at least four jurors who were spoken with after the verdict was announced said they considered Dixon’s failure to obtain medical treatment for Hazel as “torture.”

The jurors submitted a question June 24 asking “What is the definition we should consider for ‘torture?’” to which the court responded that “the Court’s instructions are complete. During your deliberations, you must consider the instructions as a whole,” records show.

Hyldahl argued in the motion that failure to obtain medical care is not defined as torture by state law and that the evidence presented at trial did not show Dixon failed to get medical treatment for Hazel, or that Dixon was responsible for the toddler’s medical care, records state.

In the motion, Hyldahl wrote that the court needs to grant Dixon a new trial because an error of law occurred, that the verdict was contrary to the law and the evidence and that substantial justice had not been done, court records show.

In a response to the defense’s motion, filed July 13 by Sigmar, the prosecuting attorney who handled the case, argued that Dixon’s attorneys failed to show an error was made and that the error affected the result of the case, the records state.

Sigmar argued that the juror’s thought processes and comments on deliberations become part of the verdict and shouldn’t be used to consider whether to grant a motion for a new trial, and that there is insufficient feedback from the jury to draw any meaningful conclusions regarding their deliberations.

Sigmar also argued that the court’s response to the jury’s question regarding the definition of torture was legally correct and that the court’s answer didn’t create a substantial error affecting Dixon’s right to a fair trial, court records show.

Sigmar asked the court to deny Dixon’s defense attorneys’ motion for a new trial.

A hearing on the matter will be held July 18 in court.

Resources

▪ Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org

▪ Child Protective Services: Washington state hotline for reporting child abuse and neglect, 866-829-2153.

▪ Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.

▪ Lummi Victims of Crime: 360-312-2015.

▪ Tl’ils Ta’á’altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/

▪ Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.

▪ WWU Consultation and Sexual Assault Support Survivor Advocacy Services: 360-650-3700 or wp.wwu.edu/sexualviolence/.