Couple sentenced to life in torture death of 3-year-old

BARSTOW • A Barstow couple convicted of torturing the man’s 3-year-old son to death in 2006 will face life in prison without parole.

On Thursday Judge Steve Mapes at the Barstow courthouse sentenced Thomas Othy Darthart, 27 and Moy Yamill Ellis, 32 to life in prison without possibility of parole for the murder of Thomas Timothy Fredric Darthart. The couple also received 25 years to life for assault on a child resulting in death, seven years to life for torture and ten years for child abuse resulting in death.

Darthart’s son was found dead on his birthday, September 5, 2006, after police responded to a 911 call at the 1300 block of Nancy Street in Barstow. A police report stated that the child was found on a bed at the house with severe internal and external injuries. In January a jury found that torture at the hands of Darthart and Ellis contributed to the boy’s death.

Darthart’s attorney, Paul Henderson, made a request for a new sentencing date, saying that Darthart’s family was at a funeral and could not attend the proceedings. His request was denied.

Deputy District attorney Sean Daugherty read from a statement written by Tiffany Dukes, the murdered boy’s mother, at the sentencing. Dukes wrote that “everyday is hell” after the murder and that she is plagued with guilt and grief over how the situation could have played out differently. In the trial Dukes testified that she trusted Darthart with her son’s care when the  couple broke up in 2005.

Daugherty said that he is pleased with the sentence.

“I’m happy little Tom finally got justice ... the jury sent a message that they wouldn’t turn a blind eye to child abuse.”

Darthart and Ellis did not make any statements at the hearing.   

Ellis’ attorney,  Robert Amador, had no comment. Henderson could not be reached for comment.

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(760) 256-4126 or adome@desertdispatch.com