Four-month-old baby dies; prosecutor charges her parents with second-degree murder

Prosecutor charges Auburn couple with second-degree murder in their 4-month-old girl's death

Auburn Police say they found the 4-month-old girl early Thursday morning, June 23, dead, under a pink blanket, showing obvious signs of severe malnourishment, a protruding rib cage and injuries under her chin.

Last Friday police arrested the baby’s 34-year-old father, Lee Mason Dupay, and her 24-year-old mother, Mariah Leshay Phillips, and booked them into the SCORE Jail. Detectives later took protective custody of the couple’s 2-year-old twin daughters and turned them over to Child Protective Services.

On Tuesday, the King County Prosecutor filed charges of second-degree murder against Dupay and Phillips. Each is being held on $1 million bail.

Here is how events unfolded, according to the Auburn Police Department’s Certification for Determination of Probable Cause, which forms the basis for the prosecutor’s case.

Valley Com dispatched police to a Garden Apartments unit in the 1400 block of 17th Street Southeast at about 5:45 a.m. Thursday, where they found a baby unconscious, not breathing and cold to the touch. Dispatch had directed the parents to begin and continue CPR until police and the Valley Regional Fire Authority arrived, but when firefighters got there they soon pronounced the baby dead.

According to the report, police found the house unkempt and unsanitary, with feces and biological waste on the floor.

Investigators found the baby lying on a mattress on the bedroom floor under a blanket. Questioned about marks found on the baby’s body, Phillips, the mother, told investigators that the marks on the chin and lips had begun as a small rash that worsened over time. Although she claimed that a public health nurse on an earlier occasion had checked on the baby at her (Phillip’s) request, and said that the rash was nothing to be concerned about, later investigation showed that no nurse had ever looked at the injury.

According to the police report: “The child appeared to be extremely malnourished, as her rib cage was clearly visible, along with the separation line of her stomach muscles, and her stomach was distended. The child’s legs contained no ‘baby fat …’ and the muscles and bones were clearly visible. ‘Baby fat’ typically located on an infant’s thighs and arms were absent and replaced with sagging skin.”

According to the police report, the baby was missing multiple layers of skin below her chin and around her lips. There was an obvious protrusion on her upper left rib cage from an unknown cause.

In a later interview, Phillips told police that the family had gone to sleep at 10 p.m. the previous day, that at that time she fed the baby from a bottle and that she finished almost all of it, but that the baby had refused a second bottle early Friday morning

According to the report, Phillips told officers that she got up to use the bathroom at about 5 a.m., and it was at that time that the baby’s father, Dupay, noticed she was unresponsive. Phillips said that she and Dupay tried to resuscitate the baby by blowing air into her mouth and pouring water over her skin.

“(Phillips) stated that the couple argued whether to take the child to a hospital or call 911,” the report said, adding that 45 minutes passed before they made the call to 911. Phillips could not provide a valid explanation as to why they had waited so long to call 911, given an unresponsive infant who was not breathing, according to the report.

According to the report, Phillips insisted that she had always made sure to care for and regularly feed the baby.

She said the baby had always been on the small side, but even though she had noticed the baby looking emaciated in the days before her death, she did not think it an important issue, according to the police report.

A Medical Examiner’s Office autopsy performed last Friday found the baby had been extremely malnourished.

After police arrested the couple, according to the report, Phillips recalled that in one incident while Dupay was chasing her (Phillips) around the house, he stepped on the baby who was lying on the bed, at which time she noticed the rib injury.

According to the police report, in spite of all the baby’s injuries, Phillips continued to believe that whatever she was suffering from, it was not urgent, and she (the mother) refused to acknowledge the malnourishment.

Dupay did not speak to officers again.