A Jefferson County Circuit Court judge on Tuesday ruled he has found enough probable cause to send the capital murder case of Patrick Stallworth, the man accused of kidnapping and killing 3-year-old Kamille "Cupcake" McKinney, to a grand jury. Stallworth and Derick Brown are each charged with capital murder in Cupcake's disappearance and death.Investigators said levels of meth and trazodone were ingested into the little girl's body, which, according to prosecutors, sat in a construction dumpster at a Center Point apartment complex for ten days.Prosecutors said the DNA of Stallworth, Brown and McKinney was found in blood stains on a plastic sheet around a mattress laying in the living room of Brown's apartment.Detective Jonathan Ross also testified that Stallworth bought nearly $20 worth of candy from a gas station only minutes before approaching teens looking for a girl near Tom Brown Village the day of Cupcake's disappearance.Ross admitted that Brown's hints of McKinney's body being left in a nearby dumpster helped a specialized FBI unit to find her remains after emptying a large construction trash bin out in a Jefferson County landfill.According to Ross, Stallworth originally lied about knowing anything about McKinney's disappearance.However, after her body was found, he admitted to offering children candy at the Tom Brown Village the night she vanished and his chilling account of watching the young girl die.After returning to Brown's apartment, Ross said Stallworth told them he first saw the child with Brown on the couch watching television.When Stallworth told Brown the girl was not her's, Ross said Brown responded that she wanted to keep her.Ross went on to say that Stallworth claimed Brown, 'told him to do something sexual to the child,' but he refused. That same night, there was evidence presented to Judge Clyde Jones that Stallworth drove to a gas station to buy an energy drink and a sexual performance pill. An autopsy report showed no signs that the child was sexually assaulted, thought prosecutors said the level of decomposition of McKinney's body could have impacted the ability to prove abuse.The detective also said Stallworth watched Brown, 'place her hands over Cupcake's nose and mouth' and the girl was asleep.When police asked Stallworth what he meant by asleep, he clarified that she was dead. Under cross examination, Detective Ross told Stallworth's attorney Derrick Collins that his client had cooperated that the suspect never remembered seeing the girl in the Toyota Sequoia the couple had been seen riding in.Ross also testified that Stallworth's DNA was not found on McKinney's body. Brown's preliminary hearing is scheduled for Friday morning before Judge Jones.
BIRMINGHAM, Ala. — A Jefferson County Circuit Court judge on Tuesday ruled he has found enough probable cause to send the capital murder case of Patrick Stallworth, the man accused of kidnapping and killing 3-year-old Kamille "Cupcake" McKinney, to a grand jury.
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Stallworth and Derick Brown are each charged with capital murder in Cupcake's disappearance and death.
Investigators said levels of meth and trazodone were ingested into the little girl's body, which, according to prosecutors, sat in a construction dumpster at a Center Point apartment complex for ten days.
Prosecutors said the DNA of Stallworth, Brown and McKinney was found in blood stains on a plastic sheet around a mattress laying in the living room of Brown's apartment.
Detective Jonathan Ross also testified that Stallworth bought nearly $20 worth of candy from a gas station only minutes before approaching teens looking for a girl near Tom Brown Village the day of Cupcake's disappearance.
Ross admitted that Brown's hints of McKinney's body being left in a nearby dumpster helped a specialized FBI unit to find her remains after emptying a large construction trash bin out in a Jefferson County landfill.
According to Ross, Stallworth originally lied about knowing anything about McKinney's disappearance.
However, after her body was found, he admitted to offering children candy at the Tom Brown Village the night she vanished and his chilling account of watching the young girl die.
After returning to Brown's apartment, Ross said Stallworth told them he first saw the child with Brown on the couch watching television.
When Stallworth told Brown the girl was not her's, Ross said Brown responded that she wanted to keep her.
Ross went on to say that Stallworth claimed Brown, 'told him to do something sexual to the child,' but he refused.
That same night, there was evidence presented to Judge Clyde Jones that Stallworth drove to a gas station to buy an energy drink and a sexual performance pill.
An autopsy report showed no signs that the child was sexually assaulted, thought prosecutors said the level of decomposition of McKinney's body could have impacted the ability to prove abuse.
The detective also said Stallworth watched Brown, 'place her hands over Cupcake's nose and mouth' and the girl was asleep.
When police asked Stallworth what he meant by asleep, he clarified that she was dead.
Under cross examination, Detective Ross told Stallworth's attorney Derrick Collins that his client had cooperated that the suspect never remembered seeing the girl in the Toyota Sequoia the couple had been seen riding in.
Ross also testified that Stallworth's DNA was not found on McKinney's body.
Brown's preliminary hearing is scheduled for Friday morning before Judge Jones.