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June 20, 2008

Whitman gets life without parole

Kemp man accepts plea deal in death of Tool toddler last year; mother arrested in courtroom

By Angela Weatherford

Michael Lyndon Whitman on Friday officially accepted a plea agreement to serve a life sentence in prison without the possibility of parole in connection to the death of a Tool toddler last fall.

Whitman, of Kemp, stood in his black and white jail jumpsuit in front of 3rd District Court Judge Mark Calhoon to accept the sentence. He had been charged with capital murder for the death of two-year-old Malaki Overturf.

Whitman could have faced the death penalty had the case gone to trial.

The hearing lasted a little less than 10 minutes and included no testimony.

According to the charge read by Calhoon, Whitman killed Overturf by either smothering, strangling or striking his body against an object, leading to the child’s death on Oct. 25, 2007.

Shortly after 9 p.m. on that day, former Tool Assistant Police Chief Martha Decker responded to a call and made contact with a woman in the Royal Oaks subdivision. The woman said she found her grandson dead inside the house.

Decker entered the house and found the child in the living room. The child was being held by Whitman. She said the child appeared to have bruises, contusions and ligature marks on his body.

As the charge was read, Tamara Overturf — the mother of the victim — cried loudly with her face in her hands.

The proceedings were not without a few tense moments. Whitman’s mother, Lynn Whitman, was arrested for disorderly conduct after listening to statements read by the victim’s parents, Michael Dick and Mrs. Overturf. Mrs. Whitman had requested to speak after the statements were made. Calhoon denied her request, and she continued to raise her voice in the courtroom.

While leaving the courtroom, Mrs. Whitman — who appeared to be surprised by the parents’ statements — was overheard saying, “At least my son is alive.” She later added, “God knows the truth.”

During their statements, Dick and Mrs. Overturf addressed Whitman and told him what losing their son has done to them.

“I will never be able to tuck Malaki in or wish him good night,” Dick said. “When I close my eyes to sleep, I see his face.”

Dick also said when he sees small children he is reminded of how his son will never be able to graduate from high school or grow up or “do the things children are supposed to do.”

“It eats me up inside,” he said.

Whitman stood with his head down and eyes closed as the statements were read.

“I will always ask why, but will realistically never know why,” Mrs. Overturf said, through tears. “He was a loving and happy baby. He was a mama’s boy and would cry anytime I left him.”

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