Published: January 10, 2008 04:32 pm            

Whitman indicted for murder

By ART LAWLER

Staff Writer



ATHENS — A Henderson County Grand Jury has returned a two-count capital murder indictment against Michael Lyndon Whitman, 37, of Kemp, charging him with smothering, striking and/or strangling a two-year-old boy to death.

The indictment says Whitman intentionally or knowingly caused the death of Malaki Overturf at an address in the Royal Oaks subdivision in Tool on Oct. 25.

The indictment, issued on Jan. 4, does not specify a particular instrument used to kill the child, but does say a combination of some object was used to strike the child, or to strike the child’s head against, resulting in the child’s death.

Whitman has been locked up at the Henderson County jail ever since and is being held on a $500,000 bail.

An enhancement paragraph in the indictment states that prior to the commission of the offense, on Dec. 13, 1996, the defendant had been convicted of a previous felony offense of injury to a child.

Former Tool Assistant Police Chief Martha Decker responded to a call that day from Tamara Overturf who said her grandchild was inside the home dead.

Upon entering the home, Decker said she saw the child being held by Whitman, and that Malaki appeared to have bruises, contusions and ligature marks on his body.

The child’s body was taken to East Texas Medical Center-Gun Barrel where Pct. 2 Justice of the Peace Dale Blaylock pronounced the child dead.

A second child was taken from the residence that day and sent to a neighbor’s home before eventually being place into state custody.

The woman who called police was so upset at the site that she began having seizures and a second EMS unit had to be summoned.

Police officers from Seven Points and investigators from the Henderson County Sheriff’s Department soon converged on the location and the Texas Rangers also joined in the investigation.



Charles Stiff contributed to this story.

        

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