Ex-day care worker found guilty of manslaughter

RUSSELLVILLE — Gasps of relief and joy came from family members of Autumn Wells when Franklin County Circuit Court Judge Brian P. Hamilton read the verdict Friday afternoon that Payton Nicole Gann was guilty of manslaughter in the infant’s death.

The four-month-old died on March 9, 2022, at Tiny Tigers Day Care in Red Bay after being left alone for up to two hours after Gann placed her on her stomach on a Boppy pillow.

Gann showed no emotion as she stood at the defense table when the verdict was read. Hamilton ordered her to be taken into custody immediately.

Gann is scheduled to be sentenced on Sept. 17. Manslaughter is a Class B felony and carries with it a sentence of 2 to 20 years.

Wells’ family tried to contain their emotions, but once the trial ended, many hugged each other and cried loudly.

Wells’ grandfather, Joel Wells, issued a comment on behalf of the family, thanking the jury and saying they are “forever grateful to Red Bay Hospital, the Red Bay Police Department, Franklin County District Attorney’s Office for this verdict and for their efforts.”

Gann’s trial included testimony from former day care workers who said Chamblee told them to hide Bobby pillows and blankets whenever a Department of Human Resources employee showed up. Chamblee also told them to park far from the day care so she could see when a DHR worker drives up to the facility.

Joel Wells, grandfather of Autumn Wells, wears a wristband in her honor Friday during the fourth day of Payton Gann’s trial in Russellville.
CONTRIBTUED/DAN BUSEY

Workers also said they were told to say Autumn Wells was in a swing when she died.

Testimony during the trial included a phone conversation between Gann and fellow employee Madison McCalpin that was recorded by Red Bay Police the day after the infant’s death.

A police body camera recorded the phone conversation with McCalpin’s knowledge. Gann did not know it was being recorded.

McCalpin was heard saying, “Taylor, she needs to know what happened to Autumn” and “Will you ever tell her?” during the conversation.

“Well, yeah, but right now I don’t feel like that’s my best option,” Gann replied.

Day care owner

Joel Wells, who is the father of Autumn Wells’ mother, Taylor Wells, said the family is committed to raising awareness about the importance of monitoring day cares.

They also want to see justice brought to the owner of the Tiny Tigers Day Care, Angelene Chamblee.

“We will not stop,” he said. “We want the memory of Autumn to save the life of another child. We do not want any other mother or any child to go through this.”

Assistant District Attorney Fallyn Pharr said prosecutors continue investigating Chamblee.

“Our office is still looking at her,” Pharr said. “We can expect to hear more about that in the future.”

She said her office likely will present findings regarding Chamblee to a grand jury by the end of the year.

Pharr said after the trial that investigators discovered more about Chamblee and the day care as the investigation unfolded.

“That’s what led to our decision to approach Angelene the way we are approaching her,” she said.

Assistant District Attorney Joseph R. Rushing filed a motion not to prosecute Chamblee so the case could be presented to a future grand jury.

The district attorney’s office has uncovered more evidence that may result in “additional and/or more serious charges” against Chamblee, according to a motion filed last week.

Chamblee was initially charged with two counts of second-degree forgery related to falsified employee records; and six counts of violating the Child Care Act pertaining to failing to keep records and make reports, failing to keep required health and safety training records for employees and verifica- cation of edu cation records, allowing a 17-year-old aide to be improperly counted as a staff member, failing to require the day care to operate with the required child-to-staff ratio at all times in the 7 days to 24 month old classroom, and allowing the day care’s 7 days to 24 month old classroom to operate not fully staffed as required by law, according to the indictment.

The investigation will include a look into how some DHR documents became forged, in an action that put the trial in jeopardy for a while on Friday morning.

Evidence presented Thursday from a DHR representative included certificates that Gann received, one of which was titled, “SIDS and Sleep Safety.”

The company that issues the certificates contacted officials with the district attorney’s office Thursday night and told them they never issued those certificates.

That led to the defense calling for a mistrial and resulted in a Friday morning hearing, during which Hamilton ruled that the trial would continue. Jurors were instructed to ignore that evidence since it is a forgery.

Prosecutors said during the hearing that they believe Chamblee is responsible for forging the documents.

“Our office will continue to investigate everything that has happened with those documents and will adjust accordingly,” Pharr said after the trial.

Grueling trial

She said this has been a particularly grueling trial because it involved an infant’s death. Testimony included a description of what happened when workers realized Autumn Wells was not breathing, and the fact that Gann immediately told McCalpin to say the infant had been in a swing.

“The biggest shock to me as a mom was holding a cold lifeless infant and stopping to tell that lie before you ran to get help,” Pharr said.

She said everyone in the district attorney’s office is pleased with the verdict.

“This has been a long time coming, not just for us but for the family, and we are just happy that the family is getting some sort of relief,” Pharr said.

“We know that this does not even come close to giving them justice for what happened to Autumn, but we are happy that they are getting a little relief.

Franklin County Assistant District Attorney Fallyn Pharr becomes emotional while speaking to the media Friday following the manslaughter trial of Payton Nicole Gann inside the courthouse in Russellville.
CONTRIBTUED/DAN BUSEY

“I have held together this whole trial but being a mom of an infant who is basically the same size as Autumn, just to see [Autumn’s mother] and the relief she had and all the tears and all those emotions that came out. It was emotional for me. It was rewarding but also sad that they had to go through this.”

Pharr hopes this raises awareness for those in the day care industry.

“I hope that they can see what can happen if they aren’t doing their job and doing their due diligence, and hope that they realize the seriousness of their job,” she said.

McCalpin, who was 17 at the time of the incident, originally was charged by a grand jury with one count each of reckless manslaughter, and false reporting to law enforcement.

Prosecutors said during the sentencing hearing that she pleaded to manslaughter as a youthful offender and could receive up to four years in jail.

Two others have been charged in the case.

Gann’s mother, Teia Gann, 43, of Vina pleaded guilty to tampering with a witness in exchange for a six-month suspended sentence, according to court records.

Hannah Grace Letson, 25, of Red Bay pleaded guilty last week to tampering with physical evidence in exchange for a 1-year suspended sentence, according to records.