Boy, 4, was in state of ‘panic’ before death

JAMAICA BEACH — A 4-year-old who had multiple bruises about his 37-inch, 33-pound body, was likely in a state of panic or terror as he suffocated, testimony in a capital murder trial revealed Tuesday.

Chronic child abuse, blunt trauma and asphyxiation killed Kraig Jenkins, according to about two hours of testimony from Galveston County Chief Medical Examiner Dr. Stephen Pustilnik.

Meanwhile, Daniel James Gray, 56, who is accused of killing Kraig on Dec. 22, 2005, isn’t expected to be among the several witnesses his defense team would call when the state rests its case today.

Gray’s ex-wife, Barbara Bawarsky, 48, pleaded guilty to a lesser murder charge for killing her grandson. Bawarsky testified she and Gray participated in frequent disciplinary sessions that involved restraining the boy in sheets, stuffing socks in his mouth and putting him in a cold shower.

Bawarsky also testified it was her idea to put Kraig in a hope chest while the couple had sex in their Jamaica Beach apartment she used to cook methamphetamine.

Galveston County Criminal District Attorney Kurt Sistrunk showed the jury in Judge Wayne J. Mallia’s 405th District Court autopsy photos of Kraig’s body, which Pustilnik testified contained multiple bruises.

For nearly two hours, Pustilnik showed the jury bruises on Kraig’s eyes, nose, forehead, arms, legs, feet, torso and back.

Many of the injuries suffered could not have been caused by falling, Pustilnik testified.

Injuries suffered from placing a sock in Kraig’s mouth, wrapping him in a sheet and mesh bag and stuffing him in a chest were consistent with the autopsy findings, Pustilnik testified.

Sistrunk asked Pustilnik his basis for the finding of chronic child abuse.

“It’s based on the distinct appearance and microscopic appearance of bruises on his body as well as underneath the scalp,” Pustilnik said.

Kraig was likely alive before suffocating, Pustilnik testified, noting the boy suffered a particular type of brain hemorrhage.

“It’s consistent with struggling to breathe,” Pustilnik said. “The panic or terror setting in increases pressure in the head.”

Sistrunk asked if Kraig had a conscious awareness of asphyxiation.

“You don’t get (the) brain hemorrhage when you’re dead,” Pustilnik said.

Sistrunk is expected to rest the state’s case today after Gray’s lawyers question Pustilnik.