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NewsNovember 25, 2014

KENNETT, Mo. -- A Malden, Missouri, woman made her first appearance in a Dunklin County court Friday morning after she was charged with causing the death of her 5-year-old daughter. Tina Diann Burton, 45, appeared before Associate Circuit Judge John Spielman for arraignment on charges of felony second-degree murder/first-degree involuntary manslaughter and felony child abuse...

KENNETT, Mo. -- A Malden, Missouri, woman made her first appearance in a Dunklin County court Friday morning after she was charged with causing the death of her 5-year-old daughter.

Tina Diann Burton, 45, appeared before Associate Circuit Judge John Spielman for arraignment on charges of felony second-degree murder/first-degree involuntary manslaughter and felony child abuse.

Burton is accused of causing her daughter's death by shaking her. The girl died May 1 at a St. Louis hospital.

Burton, who was charged Thursday by Dunklin County Assistant Prosecuting Attorney Jonce Chidister, was ordered to appear at 9 a.m. Dec. 2 for a counsel status hearing.

At about 8:20 a.m. April 29, the Malden Police Department received a call about a child having difficulty breathing at a home in the 800 block of Barrett Drive.

Initial responders found a small child lying unresponsive in a bed, according to a probable-cause affidavit by Malden police chief Jarrett Bullock. Burton, who was the girl's adoptive mother, was kneeling beside her.

Bullock said CPR began immediately and was continued as the child was transferred to St. Louis Children's Hospital.

Bullock cited a report in which paramedic Charles Jones said he was told by Burton that "the child fell from the bed and started having seizure-type activity, then began having difficulty breathing."

Bullock said hospital personnel contacted law enforcement with concerns about the child's injuries, which they suspected were the result of abuse.

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After requesting assistance from the Missouri State Highway Patrol, Bullock said, Sgt. Dave Bauer interviewed Burton and her husband, Fred, at the hospital.

Citing Bauer's report, Bullock said, the investigator learned from Fred Burton that his daughter was still in bed when he left for work April 29.

"Mr. Burton told Sgt. Bauer neither he or his wife have ever slapped or spanked [the girl], and he has no idea why [she] would have started having seizures unless she hit her head after falling from the bed," Bullock said. He reported the child slept on a bottom bunk.

In her statement to Bauer, Bullock said, Tina Burton spoke of taking her son to school, her husband leaving for work and waking her 4-year-old and 2-year-old daughters.

After leaving the kitchen, "she went into [the girl's] bedroom, turned on the light and told [her] good morning," Bullock said. "Mrs. Burton said [the girl] just opened her eyes and looked at her."

Bullock said Tina Burton reported she was starting breakfast when she "heard a thump."

She reportedly re-entered her daughter's room and found the child "laying on the floor appearing to be having a seizure. Mrs. Burton also noticed [she] was struggling to breathe."

Bauer's report, Bullock said, indicates Tina Burton reported the girl had been "having some issues with weight gain and proper nutrition, and she recently started getting prescribed hormone injections.

"Burton also indicated that [the child] had been lightheaded and clumsy at times, and she fell two or three times in the last few months, and [she] had been pushed down at school a couple of times by other kids."

Bullock said an autopsy was performed May 5, and those results included bleeding between the child's skull and scalp, bleeding between her brain and brain cover, fluid on her brain and injury from her brain moving back and forth inside her skull.

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