State Rests in Cowart Murder Trial

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The prosecution has rested its case in the trial of a woman and her boyfriend accused of killing the woman’s child.

That’s according to The Daily Tribune News, which reports District Attorney Rosemary Greene rested her case around 5 p.m. Monday, May 11. Greene is prosecuting Austin Levi Payne and Brandy Ann Boyd, who are both charged with malice murder in the death of Boyd’s daughter, Journey Ann Cowart.

Bartow County Superior Court Judge Carey Nelson also rejected motions by defense attorneys Bruce Harvey, who represents Boyd, and Paul Smith, attorney for Payne, for the court to issue directed verdicts in favor of their clients, the Tribune reports.

The defense is expected to begin arguing its case on Tuesday, the newspaper states.

• Read more of the Tribune’s report here.

Boyd and Payne were arraigned in November and both entered not guilty pleas to the charges. A Bartow County grand jury in September indicted both Payne and Boyd on 22 counts, including malice murder, felony murder, cruelty to children in the first degree, aggravated battery and battery.

Together, Boyd and Payne face four counts each of malice murder, six counts of felony murder, three counts of aggravated battery and one count of battery. Boyd faces seven counts of cruelty to children in the first degree while Payne faces all eight of those counts.

Journey Ann Cowart died at Cartersville Medical Center on Jan. 21, 2014, after she was taken to the emergency room because she was not breathing.

Bartow County Sheriff Clark Millsap previously told The Atlanta Journal-Constitution thatJourney was beaten to death, with “a fractured skull, blunt force trauma to the stomach.” He also said there was evidence of previous abuse.

The pair were initially charged with first-degree cruelty to children and aggravated battery, but the charges were upgraded after an autopsy revealed the extent of Journey’s injuries. Both defendants were granted a $1 million bond in May 2014.

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