Jurors Convict Chattanooga Man of Murder in Girlfriend’s 3-Year-Old’s Death

December 12, 2017

• The Case of Tatiana Emerson, Age 3
• Suspects Rhasean Lowry & Melanie Emerson

Chattanooga, TN – A Hamilton County jury convicted Rhasean Lowry, 37, of first-degree felony murder and aggravated child abuse in the 2014 death of Tatiana Emerson, 3. After approximately four hours of deliberation, jurors returned a guilty verdict. Lowry received an automatic life sentence for the murder conviction and was scheduled to return to court on January 31 for sentencing on the child abuse conviction.

Following the verdict, Defense Attorney Dan Ripper acknowledged the tragedy of the case.

“Regardless of the jury’s verdict, you’ve lost a 3-year-old who will never come back. Whether the defendant wins this case or loses this case, nobody wins.”

During the trial, prosecutors argued that surveillance video, medical evidence, and witness testimony disproved Lowry’s claim that Tatiana suffered fatal injuries after accidentally falling down a flight of stairs outside the Econo Lodge on Bonny Oaks Drive on August 26, 2014.

At the time, Lowry lived at the hotel with Melanie Emerson and her three children. Investigators also learned that Tatiana’s 5-year-old brother, TrayVon Emerson, reported experiencing ongoing physical abuse while living in the home.

According to court testimony, Lowry told police he briefly walked to his vehicle to retrieve milk and coffee when Tatiana climbed an exterior staircase, lost her balance, and fell. He then transported her to Parkridge Hospital, where she lost consciousness during the drive. Despite emergency treatment, Tatiana died three days later.

Medical personnel testified that Tatiana’s injuries which included extensive bruising and retinal hemorrhaging, were not consistent with an accidental fall.

During closing arguments, Prosecutor Cameron Williams emphasized the medical evidence presented during trial.

“These are intentional acts. These are 70 blows, 70 inflicted injuries. On the right side of her face, left side of her face, the back of her head. On her trunk, abdomen, back, bottom, legs.”

The defense argued that prosecutors failed to prove Tatiana’s injuries were intentionally inflicted.

Defense Attorney Dan Ripper relied on testimony from former Kansas medical examiner Dr. Thomas Young, who testified that some of Tatiana’s bruising and bleeding could have resulted from prolonged oxygen deprivation and subsequent lifesaving medical treatment.

During closing arguments, Ripper asked jurors to consider his client’s actions after the incident.

“Here’s an even bigger point that I think should be considered. If Lowry’s really trying to disguise this, and trying to make sure nobody finds out, why take her to the hospital at all?”

Prosecutors rejected that explanation.

Prosecutor Lance Pope argued that the defense theory was inconsistent with the medical evidence.

“Dr. Young is trying to tell you that [doctors and nurses] are the ones who put these bruises on Tatiana’s body. That it’s associated with medical handling.”

“Does that make any sense?”

Pope also pointed to Lowry’s statements during police interviews.

“Does he say one word about Tatiana Emerson, the little girl who’s lying in a hospital bed dying?”

“Don’t believe his lies. Don’t be distracted by phony medical proof.”

“I’m not asking you to go in that jury room and convict Mr. Lowry because he lied to police. I’m asking you to convict Mr. Lowry because on the morning of Aug. 26 he took that sweet, quiet little girl, and he wrecked her.”

Before deliberations, Judge Don Poole instructed jurors on the available verdicts, including the option of convicting Lowry of child abuse without finding him guilty of murder. After approximately four hours of deliberation, the jury convicted Lowry of both offenses.

Prosecutors dismissed separate counts of assault of a child and filing false reports before trial began.

At the time of Tatiana’s death, Melanie Emerson, 22, also faced criminal charges. Authorities alleged she failed to protect her daughter from harm.

Initial Charges – Rhasean Lowry

• Criminal homicide (later upgraded to first-degree felony murder)
• Aggravated child abuse
• Child abuse and neglect

Initial Charges – Melanie Emerson

• Child reckless endangerment
• Aggravated child endangerment

During the original investigation, Chattanooga Police Detective Matthew Puglise said Lowry initially reported that Tatiana had fallen down the hotel stairs.

After examining the child, medical personnel concluded her injuries were inconsistent with that explanation.

“They were able to do CPR and bring her back. A night later, she passed,” Detective Matthew Puglise said.

Detective Puglise told investigators that physicians determined Tatiana’s injuries “were the result of blunt force trauma.”

The investigation also drew attention to the broader issue of child abuse prevention.

Shelley McGraw, Executive Director of the Children’s Advocacy Center of Hamilton County, reflected on the impact such cases have on the community.

“It’s incredibly sad when anything happens to a child, especially a very small child. I think that in order to make that child’s life not be in vain, it’s important for us to be driven to action.”

The advocacy center assisted more than 580 abused children during the previous year.

“We saw those kids because they either had the courage to tell or a grownup had the courage to make that report.”

She urged the public to continue reporting suspected abuse.

“It’s very important that we are bringing perpetrators to justice, that we are taking care of kids by making sure that the folks that harm them don’t have access to harm other children as well.”

CASE UPDATE – AUTOPSY December 2, 2021

Chattanooga, TN – Authorities released the autopsy findings in the death of Tatiana Emerson, 3, after Rhasean Lowry was charged with criminal homicide and aggravated child abuse.

Investigators said Lowry brought Tatiana to Parkridge Hospital, telling medical personnel she had fallen down a flight of stairs at a hotel on Bonny Oaks Drive.

However, physicians determined the child’s injuries were inconsistent with an accidental fall.

According to investigators, doctors concluded Tatiana’s injuries were the result of repeated blunt force trauma and could not have been caused by falling down the stairs.

The autopsy performed by Hamilton County Medical Examiner Dr. James Metcalfe documented numerous injuries and determined that Tatiana died from blunt force injuries to the head and trunk. The report also noted evidence of prior injuries, suggesting she had experienced abuse over a period of time.

Nearly 50 bruises were documented during the examination.

Following the release of the autopsy findings, Lowry remained in custody after his case was bound over to the grand jury.

Charges

• Criminal homicide
• Aggravated child abuse

Sentence

• Automatic Life Sentence for Criminal Homicide
• 38 years for Aggravated Child Abuse

APPEAL UPDATE – April 15, 2020

In April 2020, the Tennessee Court of Criminal Appeals unanimously affirmed Rhasean Lowry’s convictions for felony murder and aggravated child abuse.

Lowry argued that:

• the Hamilton County District Attorney’s Office should have been disqualified;
• certain autopsy photographs should have been excluded;
• jurors should have received additional lesser-offense instructions;
• testimony from emergency physician Dr. Vance was improper; and
• the evidence was insufficient to identify him as the perpetrator.

The appellate court rejected every argument.

Medical Evidence

The court summarized the medical testimony in direct terms:

“The medical testimony established that the three-year-old victim died as a result of multiple blunt force trauma injuries. Essentially, she was beaten to death.”

The opinion also noted that:

“The defendant insisted that the victim sustained the injuries when she fell down the stairs, but the other evidence offered by the State sufficiently rebutted this statement.”

The appellate judges found the State had proved that Tatiana sustained her fatal injuries while solely in Lowry’s care.

Autopsy Photographs

The defense argued that autopsy photographs unfairly prejudiced the jury.

The Court disagreed, ruling:

“The photographs…were relevant to rebut the defendant’s assertion that the victim sustained the injuries by falling down the stairs.”

Dr. Vance’s Testimony

One issue involved emergency physician Dr. Vance’s statement that the injuries

“looked like she’d been assaulted.”

Although the trial judge later agreed the wording was stronger than a medical opinion should be, the appellate court found no reversible error because the defense declined a curative instruction and the statement was only a brief portion of a four-day trial.

Sixth Amendment Issue

The appeal also revealed an unusual constitutional issue.

An assistant district attorney arranged for another inmate to obtain information from Lowry after criminal charges had already been filed.

The appellate court ruled that this violated Lowry’s Sixth Amendment right to counsel, stating that the prosecutor had improperly arranged for information to be gathered after his right to an attorney had attached.

However, because the information was never used at trial, the court held that suppressing the evidence but not overturning the conviction was the proper remedy.

Conviction Affirmed

The Court concluded:

“A rational trier of fact could have found beyond a reasonable doubt that the defendant inflicted the injuries that led to the victim’s death.”

Lowry’s convictions and life sentence therefore remained in place.