UPDATE::: Lemar Martin, the boyfriend of Kyle’s guardian Nymeen Cheatham, has been found guilty of 2nd degree murder. He was sentenced to 18-20 years.
Nymeen Cheatham has plead guilty to 1st degree manslaughter, and was sentenced to 15 years. Nymeen offered a speech where she stated “I snapped and that’s why she beat Kyle to death”.
Kyle Smith was an exceptionally beautiful baby boy born to Eugenia Holmes-Creighton and Elliot Smith. He died at the age of three on June 6, 2008, just two months shy of his fourth birthday. He is survived by his parents and older brother Darien, paternal grandmother Norma Acosta and maternal grandmother Beverly Creighton.
Kyle loved to play with his favorite stuffed monkey, action figures and video games with his older brother Darien. He had a big appetite but especially enjoyed pizza and Mexican food. Kyle loved running around the park, watching cartoons, puppies and spending time with his dad Elliot. Kyle sang along to Alicia Keys “No One” and loved going on car rides. Kyle will be sorely missed by family, friends, and others touched by his passing. Kyle’s life was cut short by the hands of those who were supposed to care for him. At Kyle’s funeral, his casket was covered with little monkey’s symbolizing his favorite toy.
The boy’s guardians, Nymeen Cheatham, 30, and her boyfriend, Lemar Martin, 25, admitted beating Kyle in their Bedfort-Stuyvesant, Brooklyn, apartment June 6. Lemar Martin is a rather large man weighing in at 25o lbs. Brooklyn prosecutors charged Cheatham and Martin with manslaughter initially, but now the charge is upgraded to murder, assault and endangerment charges. The two face up to 25 years in prison if convicted.
During both parties arraignment, Cheatham insisted that baby Kyle caused his bruising and he acted up all the time. Judge Gustin Reichbach granted each party $100,000.00 bail. Lemar Martin posted bail and walks the streets, while Cheatham remains in jail.
The Assistant District Attorney argued why neither party should be granted bail. “That child had been dead for at least five hours before the 911 call,” Assistant District Attorney Catherine Dagonese told a judge.
“Not a part of his body spared … this child was beaten to a pulp,” she said.
Bruises covered everything from the bridge of his nose to the bottom of his toes, the top of his ankles, legs, arms, hands, back, buttocks, shoulders, everywhere, sources said.
Court documents filed at the arraignment reveal how savage the couple’s alleged treatment of the boy was – and their bizarre reasoning for why they did it.
“I didn’t know if he was playing a trick, because he does that a lot,” Cheatham, 31, told cops. “He put on more of a performance. … I popped Kyle open hand because he was acting out.”
“I didn’t do anything wrong,” Cheatham insisted.
Then she blamed the tiny victim: “Kyle is a troubled kid, he is difficult to handle and is always hurting himself, jumping from bed to bed and throwing himself on the ground.”
To date, an autospy showed that Kyle was sodimized with a pool stick.
Eugenia Holmes-Creighton gave Cheatham her son Kyle to care for in August 2007 and moved to South Carolina with her father to try to kick a drug habit. Records show when Elliot and Norma sought custody of Kyle, Eugenia stood with Nymeen and fought for Nymeen to retain custody. Since her move, Eugenia has remarried and started a new life leaving behind her two sons.
Nymeen Cheatham applied to the courts for guardianship in October, and the Adminstration for Children Services (ACS) gave Cheatham’s home a clean bill of health. ACS failed to learn that Cheatham had lost custody of her four natural children and little brother in Texas in 2003 because of neglect, records show.
Records show Cheatham and Martin refused Elliot Smith, the biological father of Kyle, visitation rights. Both Norma and Elliott advised ACS “that they suspected Kyle may be being beaten.”
To date, Lemar Martin was found guilty of 2nd degree murder and was sentenced to 18-20 years. Nymeen who actually murdered Kyle plead out to 2nd degree manslaughter and will walk our streets in 8 years.
Baby Kyle C. Smith
The Abusers/Murderers: Lemar Martin and Nymeen Cheatham
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