A Deadly Return Home: The Murder of Mariya Owens

December 26, 2016

• The Case of Mariya Owens, 4
• Suspects: Demarcus Heath and Jenipher Fofana

Charlotte, NC– On Christmas Eve 2016, first responders were dispatched to an apartment on the 7800 block of Timber Commons Lane after receiving a report of an unresponsive 4-year-old girl. When officers and paramedics arrived, they found Mariya Owens critically injured. She was rushed to Novant Health Matthews Medical Center, where she was pronounced dead.

Investigators quickly determined that Mariya had not died from a medical emergency or accident. Instead, the Medical Examiner concluded she had been the victim of a violent physical assault.

According to investigators, Mariya’s mother’s boyfriend, Demarcus Heath, 26, initially claimed the little girl had choked on a toy. He later attempted to shift blame onto Mariya’s mother before ultimately admitting he was responsible for the assault that killed her.

An autopsy revealed catastrophic injuries inconsistent with Heath’s original account. Mariya suffered severe blunt force trauma to her head and abdomen, a severed spine, a torn aorta, and lacerations to her liver. Although investigators ordered the autopsy in part to examine Heath’s choking claim, the report found no airway obstruction.

Charlotte-Mecklenburg Police charged the 26-year-old with murder after interviewing him on December 27. Detectives stated, “As a result of the investigation, and in consultation with the Medical Examiner’s Office, detectives determined that the victim was physically assaulted, which led to her death.”

Neighbors described seeing a large emergency response outside the apartment complex on Christmas Eve before learning of Mariya’s death.

“It’s terrible, absolutely terrible,” neighbor Jennifer Moersch said. “Arresting someone and taking him out is not enough. I think there should be a full investigation.”

Moersch, who said the children often played with her dog, also learned that Mariya had a twin sister.

Following the child’s death, questions arose about whether child protective services had prior involvement with the family. While authorities confirmed it is standard procedure for the Department of Social Services to investigate after the death of a child, officials did not disclose whether the agency had previous contact with Mariya’s household.

Mariya’s aunt, Antrinette Pharr, said she had previously been the legal guardian for Mariya and her siblings before a judge returned custody to the children’s biological mother only months earlier.

“I’m devastated,” Pharr said. “I think I’ve cried so much I don’t even cry anymore.”

Pharr said she had repeatedly expressed concerns about the children’s safety and believed Heath should never have been around Mariya. Sadly, those protests fell on deaf ears.

“I am going to make sure justice is served,” she said. “I feel like she let the kids down. She let me down and basically caused a lot of pain and suffering in our lives.” Somehow, Fofana escaped prosecution in the case. Another sign of a broken justice system.

Pharr also said she warned child protective services before Mariya’s death.

“I wish that child protective service would start investigating and listening out to us more than what they do,” Pharr said.

Pharr believed additional people should be held accountable for Mariya’s death and reserved especially harsh words for Heath.

“He has his day because (there are) people that do not play with you harming kids, so I hope he can beat a grown man like that,” she said.

Sentencing Update

June 15, 2018, Heath pleaded guilty to killing Mariya, sparing the family a trial. During the sentencing hearing, prosecutors revealed the brutality of the fatal assault, stating that Heath squeezed the 4-year-old in a bear hug so forcefully that it crushed her chest and tore her aorta.

Prosecutors also shared Mariya’s heartbreaking final words: “Are you Santa?” Moments later, Heath attacked her.

Mariya’s mother, Jenipher Fofana, told the court she initially believed Heath’s story that her daughter had been choking.

“When he ran up he told me she was choking, so I assumed she was choking,” Fofana said.

Speaking after the sentencing hearing, she reflected on the sentence and the answers she finally received.

“I just want him to know that he still has to answer to somebody after this life,” she said.

Heath was sentenced to 20 to 25 years in prison.