previously had been the general manager of the drive-in on Old Hickory
Boulevard in Nashville. On July 8, 2012, he was working at the Nashville drive-in when
Ms. Costanza told him that her baby was not breathing. He told her to call 911 and drove
her to her residence. Inside the residence, he saw the naked victim, who had a “big
bruise” on her left cheek, lying in the bathtub. The victim was “gargling, sounded like
she was trying to breathe, but she couldn’t.” Additionally, the victim had “reddish
discoloring in her vaginal area.” Ms. Costanza asked the Defendant about the bruise on
the victim’s cheek, and he replied that she “fell.” Mr. Whitehead said that the Defendant
was “[r]ude [and] disrespectful” to Ms. Costanza. He did not see the Defendant perform
CPR on the victim orthe touch.” He
discovered that the victim was still breathing and “[s]cooped her up, immediately went to
the ambulance where [he] had plenty of room and all of [his] equipment that [he] could
work with her.” He noticed that she had bruising above her eye, as well as to her chest
and lower abdomen.

       Carl Standley, an engineer/paramedic with the Nashville Fire Department, testified
that he also responded to the call at the victim’s apartment. He said that the victim had
bruises on her cheek and under her left eye, a dilated left pupil, and a possible bite mark
on her left thigh. Later, at the hospital, the Defendant told Mr. Standley that he put the
victim in the bathtub after she had vomited and “pooped brown stuff.” He left