Family speaks of loss of 1-year-old at sentencing

April 10, 2014, 9 a.m.

Kim Payne stood in front of a judge in a Pomona courtroom Wednesday, holding a photo of her smiling grandson.

She spoke about the last time she saw the toddler alive. Malaikye, or “Kye” as his family called him, couldn’t sleep, so she sang to him in the dark in the early morning hours of Aug. 12, 2011.

Her next memory is far more bleak: Paramedics in the front yard of the boy's Asuza home, trying to resuscitate the 16-month-old. He was rushed to the hospital, only to be declared brain-dead upon arrival. Two days later, Kye was taken off life support.

Stephen Douglas Hoffman, a 24-year-old white man, was sentenced this week to 25 years to life in prison for Kye's killing. After a three-week trial in February, he was convicted of second-degree murder and assault on a child causing death. Hoffman, who was dating Kye's mother, Jazmin Payne, was taking care of the child while she was at work on an overnight shift at Disneyland, where the two met.

About 2:20 a.m. on Aug. 13, Hoffman texted Payne a photo of the child with a bruise emerging on his face, and told her that he had fallen off his 12-inch toddler bed and onto a toy, according to prosecutors. Payne returned home and went to bed about 6 a.m.

She was awakened about three hours later by Hoffman, who said the child was having trouble breathing. Payne called 911.

Hoffman changed his story twice more. He later said that he and the child were playing on the adult bed and the child fell and hit the back of his head, then he told detectives that the child had fallen off the bed and hit his head on the wall. Coroner’s officials testified in court that Kye sustained as many as 21 blows to the head. Doctors from the hospital said it was one of the worst injuries they had seen, according to the Los Angeles County district attorney’s office.

Los Angeles County sheriff’s detectives arrested Hoffman seven months after Kye died.

Family members and friends filled Thomas C. Falls’ courtroom Wednesday morning. Kye’s mother, father and both sets of grandparents explained how the loss of the brown-haired toddler who loved the Little Mermaid ride at Disneyland had changed their lives.

As they spoke, a middle-aged male deputy teared up. The prosecutor’s eyes welled with tears. Hoffman, in an orange jail jumpsuit, remained silent, his head low, face straight ahead.

Hoffman’s mother, Gennifer, was given a chance to speak to the court before her son was sentenced. She said that Hoffman had stepped in and taken on a fatherly role for Kye.

“The bond between Kye and Stephen was apparent,” she said, adding that the hardest day of her life was watching Stephen stand by the child’s hospital bed.

At one point, Stephen had attempted suicide after the death, she later said.

"Stephen we love you, and we will always be here for you,” she said.

Kye's grandfather, David Payne, said that he often struggles with whether the 16 months he had with Kye was better than never knowing him at all.

“The fact that I was not there to save him is a living nightmare,” he told the court.

He and his wife, Kim, told the court about the things they miss and life events they will never experience: the child touching his chest to say I love you, Christmas, first dates and prom.

“I will never get to throw him another birthday party, he only had one,” Kim said.

Daniel Gray, Kye’s father, said the day that the child was born was one of the greatest of his life.

“This is the day life changed for me,” he said.

His mother, Rachel Rodriguez, said looking at Hoffman made her sad to know that his cuffed hands had been used to kill her grandson.

“I wish one day, he would stand up and admit to what he has done,” Rodriguez said.

Jazmin Payne said it is difficult to describe what has been taken from her. She recently celebrated what would have been Kye's 4th birthday – March 29 -- with her younger daughter, who is 4 1/2 months old.

They went to Disneyland, where Kye had celebrated his first birthday. She paused before the court, with tears in her eyes.

“He should be here,” she said.

After the proceedings, Taraneh Saba, the prosecutor, spoke to Kye's grandmother.

“Treasure the 16 months that he did have,” she said.

-- Nicole Santa Cruz

Photo: A photo of Malaikye Payne sent out by family to celebrate his first birthday. Credit: The Payne family

19 reader comments

Malaikye, was and will always be my Grandson. He suffered long before the day this person repeatedly beat him as he did. In trial, all the EVIDENCE was laid out. I sat through testimony and autopsy photos as the murder and his family refused to look at what he had done. The autopsy didn't lie. He was beaten and blinded by this person entrusted to care for him. If you sat in trial, as I did everyday, you would have heard various people take the stand and talk about previous bruises, black eyes, scrapes and such our baby received while in the care of his person and his very own mother. Even the mothers own family took the stand and were logging and video tapping injuries done to our baby...BUT instead of writing it down and videotaping it....tell me what the hell didn't they pick up the damn phone to call CPS and protect our baby....even those that are mandated by the state to report...failed our Malaikye! As I read these comments...my heart returns to that courtroom and the reality of the memories I live with everyday knowing my baby is gone.
Someone asked about Kye's father. Kye's father is my son and he was being taken away from his father. We were unable to see him for months! Know the facts~

— Rachel Rodriguez Dec. 4, 2014 at 4:40 p.m.

Christina, you're entitled to your opinion. After all, it's a free country. But, your attempts to belittle, or patronize people who express their disgust at your insensitivity toward the family of this child is impotent. Your demand that the world be safe, and loving is unrealistic. It's not your baby that is dead, and it's not this despair that you must face for the rest of your life. Can you demonstrate what you would've done to prevent this death? In order for you to do that you would have to be put in the same exact situation, with the same exact life circumstances before you could possibly know what you would've done differently. Defending your comments made in bad taste is where you have put your energy. The bottom line is...the mother did not kill her child...the man sentenced to prison did. He is held 100% accountable. You're comments suggest that the mother should be held just as accountable for the death of her child as the hands of the person actually killing the baby. Consider this...you're in a grocery store, and a crazy man comes in and starts shooting at people...your baby is safely strapped in a shopping cart. Everyone drops to the ground, and hides from the gunman. You go to grab your baby out of the shopping cart but, you trip, and fall...drawing attention to yourself for the gunman. He starts shooting directly at you, and you cowar to avoid being shot. In that same instance, a bullet hits your child. The gunman turns to leave....exiting the store. You're finally able to get to your feet, and reach for your child. It's too late. Your child was killed. Did you provide your child with a safe environment? Did you make a bad decision by not having your child already in your arms instead of strapped into a shopping cart? Is it your fault that you tripped, and fell...drawing the gunman to aim directly at you? What could you have done differently to prevent your child from being killed? Did you contribute to your child's death? My point is, that none of us know what the exact circumstances, and situation was to put this child under the immediate care of this murderer. Unless all the facts are known, you really aren't qualified or knowledgeable enough to comment on the mothers decision making capabilities or if they were right or wrong. As mothers we make the best decisions we can on a daily basis...if we love our children. Thankfully, the vast majority do. But, that doesn't guarantee that some psycho murderer will not take everything safe, and loving we've done for our children away from them or us. Nobody is better off dead if there is the possibility of a good, or even average life for them. My wager is on this child having that possibility except for the intervention, and evil actions of this murderer. I've spent enough time on this controversial subject. Time for me to step-off. I wish the family healing, closure, and compassion.

— Goodgirlbadmanners April 22, 2014 at 10:43 p.m.

All this back-and-forth arguing over who said what, how and why makes no sense. Suffice it to say the child suffered greatly at the hands of a human animal, the child is now gone and out of his misery (per the article the child would have been brain dead if he lived), and the person who killed the child is in prison where he belongs ... hopefully for a very long time. The mother, on the other hand, will suffer in her own way for the rest of her life wondering what could have been had she made better choices. In the end life goes on regardless, and those who knew the little innocent who was killed so brutally will have plenty of time to think about him and, hopefully, what they could have done (should have done) to prevent this tragedy. RIP little guy, your time here was way too short.

— Chilibreath April 21, 2014 at 4:30 p.m.

Jane,
I stand by my statements. I can handle my comments and stand by them. What you don't like is that my comments are true. Birth mother had one job to take care of that little boy and she failed. I think he (the murderer) is right where he should be. But just because he is there doesn't take any responsibility away from her. She was the mother and as such was subjected to a high standard. And if the comment that this little boy is better off because nobody was there to protect him offends you...you are in the wrong business. I would be more offended and am more offended that children are put in these situations in the first place by mothers and fathers. I am offended that you don't see how this mother's actions contributed to her child's death. I am offended that someone who has tracked child killers for as many years as you have that you don't see how and why mother's don't play as big a role in the death of children as their boyfriends. The problem starts when as mother's we put the person who is screwing us higher on the totem pole then the child we gave birth to. When we see the faults of the person that lies next to us in bed and yet we still walk out the door and put your baby's in harm’s way and don't take responsibility for doing that, well gosh darn it I am offended no make that pissed off. I am offended that as mother's we do not hold each other to a higher standard. You don't like the words I used because they offend your senses? Well I didn't sugar coat the situation...that child suffered, how many blows do you think he felt before he actually went unconscious? And where was his mother or anyone for that matter that loved this little boy? Oh yeah they were all too busy living their lives. Well now the irritant is gone. There is no OMG I have to watch him again? I offended you because I wrote it down? Yet I wasn't the one that left this child to die. I wasn't the one that saw every one of this boyfriends faults and this boyfriends personality and left a toddler with him. The truth offends you...you don't like the harsh words I use or the fact that I don't rush to the mother offering her a way out of a situation (emotionally) that she created. Well too bad, I have not called the birth mother names I haven’t said anything that is untrue...I simply pointed out that she had a bigger responsibility to that child than anyone else in the world and she let him down not me. And if the unedited version of my words offends you then so be it. Just remember when you respond to this blog that I was not the one that put this little boy in this situation nor was I the one that killed him. I merely pointed out that the mother held a responsibility to this child and until we make mother’s responsible for the lives that they bring forth this situation will continue, somewhere in Los Angeles tonight another child will die at the hands of the boyfriend the mother needed at her side more than the child she gave birth to.

— Christina April 19, 2014 at 7:36 p.m.

I don't think Christina was out of line for what she said at all. The mother clearly has an issue picking partners and unless you are familiar with child care, you really have no place caring for an baby. She should have paid for an experienced babysitter instead of her new bf. The mom has a 41/2 old daughter too? Has anyone ever heard of birth control? Who is the dad of that kid? She should have that kid taken away from her .She couldn't take care of Kyle and she should have had her tubes tied as a result of this. Great. I'll be watching the news to see what mistakes Jazmine makes with her daughter, I'm sure it won't be long. The coroner said it was one of the worst injuries to a child he had seen, yet the bf was arrested 7 months later? What did they think had happened? This mom needs help. I blame her just as much as the killer. Who knows what other abuse this little boy suffered. What a shame. RIP Kye.

— Ms. Lee April 19, 2014 at 4:16 p.m.

Goodgirl,
Is that what you call it just a co-worker? Really because everything else said it was her boyfriend. And the mother's luck, life, circumstances and boyfriends, or co-workers (which by the way makes her decsion making even worst) plays absolutly no part in recommendations of sorrow or empathy for her. I stand by my comments that her number one job in the world was to provide a loving and safe world for this little boy. If not for her lack of decsion making that little boy would stilll be here. There are not excuses for stupidity. Oh by the way her co-worker was not under her child's care it was the other way around. But that's neither here or there...she had one job when she gave birth and that was to take care of this baby...she failed! Bottom line she failed!

— Christina April 17, 2014 at 8:07 p.m.

Ms. Perfect Never made bad decisions Christina, NO child is better off dead than alive. What a sad and ignorant statement to make to the mother of a child who was murdered. Your anger should be directed at the killer. Pure and simple. Yes, this child did suffer. Not by the mother, but by the killer. As a retired crime analyst, adoptive mother of 3 severely abused children that I adopted 23 years ago after raising my 2 sons, I have tracked thousands of cases of child cruelty and child death, not only in my professional life as a Crime Analyst, but in my research for my Children's Wall of Tears - nationally, as well as internationally. I have also interviewed people who know how to manipulate even the best of us. I am sure Malaikye's killer wasn't wearing a shirt that said, "I'm a child killer." I document over 10 children killed through abuse and neglect each and every day on my Children's Wall of Tears that currently travels the countryside to raise the awareness of child cruelty and hold child abusers as the criminals they are as well as social workers and judges for reunifying children with their abusers over and over again and hi-liting those laws that permit it to continue. Focusing your anger on the mother, instead of the killer, only dilutes the crime by the killer.

— Jane LeMond Alvarez April 17, 2014 at 12:57 p.m.

Christina, I try to keep an open mind. Especially in sensitive situations. The fact is, you don't know what the mother of this murdered child's life circumstances or situation is. You assume that you know the very details of what led to her co-worker to come under the child's care. Your comment about the baby "being better off" is cold, and cruel. I am a mother of 3 grown men, and i didn't always make the absolute best decisions for them either. I was lucky that LIFE was very fortunate to them, and they were never seriously injured or harmed. All kids are at risk of countless tragedies everyday. The fact that the mother was working while her child was being murdered by a monster is something that this entire family will have to struggle with for the rest of their lives. The circumstances surrounding her child's death, no matter what it was, does not mean that this mother didn't love her child any less than any mother out there. Life happens, and most of us are lucky enough, by the grace of God to not encounter some sick bastard that has the will to hurt our children. I think that your insensitive comments only add to the pain of this family, and absolutely NO GOOD can come from it.

— Goodgirlbadmanners April 14, 2014 at 9:10 p.m.

The Homicide Report

Family speaks of loss of 1-year-old at sentencing

Post a comment

19 reader comments