Eyewitness News 11 - ABC Local

Guardian Charged with Murder in Poisoning Death of Child

By Associated Press

Updated: May 21, 2004

The guardian of a 7-year-old girl is charged with murder for allegedly poisoning the child with pesticide, authorities said.

Carolyn Futrell, 33, of Richlands, was taken into custody Thursday on charges of felony child abuse and murder following an investigation into the Aug. 24 death of Kayla Yvonne Allen.

Futrell was being held without bond, Onslow County Sheriff Ed Brown said.

On Monday, Detective Tom Robinson received additional toxicology reports that authorities viewed as a "key piece of evidence," Brown said in a written release. The next day, Robinson spent four hours meeting with prosecutors, leading to the arrest.

Kayla lived with Futrell since she was 2 years old. At the time, Futrell was married to the brother of Kayla's biological mother, Nicole Allen of Jacksonville.

When Kayla was 5, her uncle divorced Futrell, who remained Kayla's legal guardian, said Heather Baker of Trenton, Mich., during an interview in August. Baker is Kayla's biological aunt.

"My sister was young and trying to get her life together," Baker said of Nicole Allen. "It was a temporary situation that turned into a permanent one."

Baker said Allen's parental rights were terminated in April 2003.

Brown said authorities searching the residence found a suspicious liquid in a water bottle. An autopsy was performed the next day at Onslow Memorial Hospital by Dr. William Kelly, who said in February that he couldn't find a physical cause of death.

The liquid in a water bottle found under Kayla's pillow was similar to her stomach contents, according to Kelly's report.

Evidence was sent to the state's toxicology lab in Chapel Hill, but it took the state nearly five months to complete the toxicology report because it was a special procedure.

Once the toxicology was completed, it was determined that Kayla died from ingesting a pesticide known as Atroban. Atroban is used to keep insects off cattle and sheep, and is generally not found inside a residence, Robinson said.

Baker said she suspected Kayla was being abused several years ago, and contacted the Onslow County Department of Social Services. Department officials couldn't be reached for comment.

In December 2002, Kayla's biological grandmother, Diane Goike, was arrested by Jacksonville police and charged with second-degree kidnapping because she took Kayla to her home in Taylor, Mich., in June without Futrell's permission.

According to a police report, Goike brought Kayla to Michigan because she discovered bruises on the child's body. Goike showed police investigators bruises on Kayla's face, arms and buttocks, according to the police report.

"We asked the victim what caused her bruises. The victim said that her Aunt-Mom Carolyn had spanked her butt with a spatula a couple of days ago. The victim then told us that Carolyn had banged her head on the dresser in the bedroom," the report said.

According to the report, Kayla was described as thin for her age and "appeared fearful when she spoke about her guardian Carolyn."

After a week in foster care in Michigan, Kayla was returned to Futrell. The charges against Goike were eventually dismissed. She died in December 2003, Baker said.

"She was a bundle of joy and brought life to so many people," Allen said, fighting back tears. "She always was an angel and always will be."

(Copyright 2004 by The Associated Press. All Rights Reserved.)