DELAND, Fla. (Court TV) — A man facing a potential death sentence if he’s convicted of killing his 10-month-old son and the mother of his children was dealt a blow in court when a judge ruled that one of his surviving children’s statements can be used against him.
Charles Ivy (Volusia County Jail)
Charles Ivy, 36, is charged with two counts of first-degree murder, two counts of attempted first-degree murder and arson in the deaths of Den’Jah Moore, 30, and the couple’s 10-month-old son, Messiah Callixte. He has pleaded not guilty to all the charges.
Prosecutors say Moore was stabbed more than 100 times before Ivy set fire to her apartment with the three children the two shared inside. Firefighters rescued the two other children, ages 4 and 5, and brought them to safety.
Investigators said the fire was immediately suspicious: First responders said the front door of Moore’s apartment was locked, with the keys left directly outside the exterior door. Inside, all four burners of the kitchen stove were turned on, and a large amount of burnt paper and a box were on top of the stove. The fire marshal determined the blaze had been intentionally set in both the kitchen and the bedroom where Moore’s body was found.
The medical examiner determined Moore was dead before the fire started and ruled her death was caused by the more than 99 sharp-force wounds, with injuries to her neck, torso and extremities. Messiah’s death was caused by thermal and inhalation injuries.
Both surviving children were placed into the custody of their maternal grandfather, who then reported that Moore’s 4-year-old daughter had made some disturbing comments. The grandfather said he heard the child say that “The Defendant had initially cut Den’Jah outside and that she tried to run away, but the Defendant was too fast and caught Den’Jah” and also “That she saw Den’Jah in her room after the fire was started.”
In a forensic interview with the child, identified in court documents as D.M., the 4-year-old said that her mother “is in heaven and that she got there because she was killed by the Defendant,” “That there was a fire at their home and that it was started by the defendant,” “That they were locked inside the home,” and “That the defendant and Den’Jah were trying to kill each other and that the Defendant was the first to get a knife.” In the video memorializing the child’s forensic interview, she was asked why she thought her mother was attacked. “She stated that ‘daddy’ thinks he didn’t like ‘mommy’ anymore.”
While the comments to D.M.’s grandfather would normally be considered hearsay in a trial, Florida law allows for hearsay from children to be used in specific circumstances. In their motion seeking permission to use D.M.’s statements, prosecutors said she clearly understood what she was saying and that they expect to call the child as a witness at trial.
Ivy’s team opposed the move, saying that the forensic interview was done months after the night of the killings, and that during the interview D.M. was more interested in playing with toys than answering questions. The defense motion opposing admission of the testimony points out that there is no evidence to suggest any altercation occurred outside, as the child described. “Most significantly, [D.M.] reports seeing the police arrive and ‘Daddy’ trying to kill the police until he was hit with a ‘blaster’ and taken into custody,” the defense motion reads. “Mr. Ivy was not at the scene when police arrived and was arrested many hours later in a different location.”
Judge Leah Case sided with prosecutors in her order. “Despite her young age, [D.M.] demonstrated advanced maturity, intellect, and an ability to communicate truthfully and assertively throughout the interview,” Case wrote in her order granting prosecutors permission to use the child’s testimony. The order also notes that the child offered unsolicited information during her interview, detailing that she was “locked inside the house, that there was a fire, cutting, and that a knife was involved.”
Ivy’s trial is scheduled to begin in September. Prosecutors have filed a notice that they are seeking the death penalty if he is convicted.
