Aunt Breaks Starving Girl’s Femur and Says “Suck It Up Buttercup”

Aunt Breaks Starving Girl’s Femur and Says “Suck It Up Buttercup”

Early Life and Custody Battles

Raylee Jolen Browning was born on July 11th, 2010, in Beckley, West Virginia, to parents Marty Browning and Janice Salatin-Riston. On July 6, 2014, Janice would go on to marry Raylee’s stepfather, Jeremy Riston. Raylee had many siblings and step-siblings, including Wyatt, Jace, Jaden, Jaylen, Jacob, and Halie. Raylee was a sweet girl who was described as quiet but kind. She had strawberry blonde hair, blue eyes, and a sweet smile. Her mother referred to her as “Sunshine” from the day she was born; to her, Raylee was the brightest thing in the world.

Like many little girls, Raylee wanted to be a teacher when she grew up. She longed to see the ocean and ride a horse. Raylee’s favorite holiday was Christmas, and she loved Disney princesses, her favorite being Rapunzel.

From the time Raylee was born until she was two years old, she lived with her parents, Marty and Janice. However, Janice had substance use issues, and her relationship with Marty quickly became toxic and abusive. This ultimately led to the couple’s separation. Soon, Social Services intervened, and a judge gave Janice and Marty a few months to clean up their lives. In September of 2012, they returned to court where a mediator set up a 50/50 custody arrangement for Raylee. From the ages of two to four, Raylee spent Thursday, Friday, Saturday, and Sunday with her mother, and the remaining three days with her father.

During this time, Marty began a romantic relationship with a woman named Julie Tichnell, a single mother of three and a local pageant queen. Soon, the new couple moved in together. When Raylee was about four years old, Marty and Julie moved to Mount Lookout, West Virginia, which lies within the boundaries of Nicholas County. Although this was in direct violation of their custody agreement, the couple took Raylee with them. Marty never told his ex-wife that they were planning to move and did not provide her with their new address. When Janice tried to contact him, Marty ignored her calls and texts.

Since Janice and Marty still shared a 50/50 custody split and Janice had not seen Raylee for four months, she filed a complaint through family courts. By doing so, she was able to obtain Marty and Julie’s new address in Mount Lookout. Throughout our story, Marty and Julie would go on to move twice more and fail to notify Janice of their whereabouts. Rather than punish Marty for contempt, he was rewarded. You see, over the next few years, Janice began having some personal legal issues which she was battling in court. Due to this, her time and interactions with Raylee were spotty and inconsistent. Eventually, Marty was given primary custody of his daughter during the weekdays, and Raylee began attending Mount Lookout Elementary School.

Life with the Tichnells: The Family Scapegoat

Also living in Marty and Julie’s Mount Lookout home were Julie’s three biological children and her sister, Sherry Tichnell. Raylee’s time with her blended family was anything but the joyful and carefree childhood that most kids experience.

According to one of Julie’s biological daughters, she had many memories of her time with Raylee, and none of them were heartwarming. She described her Aunt Sherry as the boss of the household; she was the main caretaker for all four children, including Raylee. She claimed that Sherry had a particular dislike of her because she was of a different race. She also had problems with Raylee because she was not Julie’s biological child.

Julie’s daughter said that Raylee was just “kind of there” in the house and that she didn’t interact with her very often. However, she did note that Raylee was often in trouble with Sherry. She said that Sherry often struck Raylee with her hands or other objects. She would push the little girl around, once pushing her into a cat litter box that was in the hallway. She also mentioned that Raylee was always being punished, even when she hadn’t done anything that warranted punishment. Essentially, Raylee became the family scapegoat.

Julie’s daughter also noted that Raylee slept on a mattress on the floor in Sherry’s bedroom. Sometimes, she was forced to wear pull-ups long after she was potty trained. One horrific memory Julie’s daughter recalled was when she heard a loud banging sound coming from the room that Sherry shared with Raylee. She said that she didn’t see the little girl again until the next day. When Raylee eventually resurfaced from the room, she refused to walk or stand on her own. She looked more upset than usual. Sherry’s response was to tell Raylee, “Suck it up, buttercup.”

Most people would have been caring or nurturing to Raylee’s pain, but Sherry insisted that she was behaving that way for attention. Acting out for attention was a theme that came up often in our research of Raylee’s case. According to reports, the adults in the household claimed that Raylee began picking at her skin in order to garner a reaction. They also claimed that she urinated on mattresses and random objects in the house. However, it is unclear whether or not any of these claims are true. As you’ll soon see, Marty, Julie, and Sherry are not the most reliable narrators.

Eventually, the adults in the home decided to take Raylee to the hospital to be examined. When asked what happened to the little girl, Sherry told the doctors that Raylee kicked the wall and broke her femur. She also told the doctors that Raylee was a difficult child with tantrums and meltdowns. This was not the first time that Raylee had been in the hospital for a suspicious injury. Allegedly, Raylee had been seen several times between 2011 and 2018 for an array of injuries. The doctors contacted Child Protective Services (CPS), and soon CPS began investigating Raylee and the adults in the house.

In preparation for the CPS investigation, Sherry told Julie’s daughter to lie to the caseworkers if she was questioned about how Raylee had broken her femur. Even though she knew it was wrong, she was afraid to tell the truth and therefore did what her Aunt Sherry asked her to do. When questioned, she told the CPS caseworkers that Raylee kicked the wall and caused the injury to herself.

School Staff Notice the Abuse

Julie’s daughter was not the only one who noticed things were out of place with Raylee. Her teachers at Mount Lookout Elementary School noticed that she was covered in bruises and was chronically hungry. Marty, Julie, and Sherry told the school that Raylee had an eating disorder. Allegedly, they said she would binge food, purge, and then binge again. They also told the school that Raylee had a mood disorder and was a danger to herself. These were the ridiculous reasons given to explain Raylee’s bruises and constant hunger.

Withdrawn to Homeschooling and Escalating Abuse

Without mandated reporters looking out for her, Raylee’s life became a living hell. Just like they had before, Raylee was uprooted to a new home, and her mother Janice was none the wiser. The family moved to a home on Park Street in Oak Hill, West Virginia, which lies within the boundaries of Fayette County.

Julie’s daughter reported that during the day, Sherry forced Raylee to walk the hallways of the house from the time she was awake until she went to bed. She said there were many days that Raylee would go hungry and not be allowed to eat. She recalled that eventually, Raylee learned she could sneak out of the room at night while Sherry was sleeping and go to the kitchen to get something to eat. Once the adults in the house realized that Raylee was sneaking out at night to get food, they put an alarm and lock on her bedroom door.

Julie’s daughter also recalled that on one occasion, she had walked past the bathroom and briefly glanced inside. There she saw Raylee drinking from the toilet after the adults refused to give her any water. Some reports have indicated that she was refused liquids for up to three days at a time. Additionally, it has been reported that Raylee was beaten with metal objects, belts, and wooden spoons.

In 2018, Raylee became sick a few days before Christmas—her favorite holiday. According to Julie’s daughter, she did not see anyone take Raylee food, water, or medicine as she languished on the floor. She said Sherry accused Raylee of faking the sickness, claiming that she was just looking for attention. Due to this, she refused to give her anything to help her feel better.

Around Christmas Eve, Raylee’s breathing worsened. Julie’s daughter became scared when Raylee sounded—as she put it—”like a pug.” She said it sounded like she was fighting for air or snoring. Julie asked Raylee if she felt sick enough to spend Christmas in the hospital. Raylee said that she was, but nobody took her for help.

The Tragic End: December 26, 2018

After days of fever, trouble breathing, and a lack of food, water, or medicine, things took a turn for the worse. On December 26, 2018, Sherry called 911. Emergency services were dispatched to the home for a report of a child having a seizure.

Angela Coleman, an EMT worker, observed Raylee as she was carried out of the Oak Hill residence by Sherry. According to Sherry, Raylee had simply fallen while getting out of the shower. EMT Coleman described Sherry as emotionless as she handed Raylee’s lifeless body to the other EMT on the scene. Raylee’s body was blue; it appeared that she was not breathing. She was observed to have splotches all over her body. After another EMT lifted Raylee’s shirt in order to attach a defibrillator pad, the pair attempted to resuscitate her, but unfortunately, they were unsuccessful. Ultimately, Raylee was taken by ambulance to Plateau Medical Center in Oak Hill, West Virginia.

Raylee arrived at the emergency room of Plateau Medical Center at 11:55 a.m. Dr. Dilip Godara was the attending physician who led the treatment of Raylee. He said a team of nurses worked to resuscitate Raylee, giving her IV fluids and medicine, checking her heart rhythm, attempting CPR, and performing other life-saving measures. Raylee was so cold when she arrived at the hospital that her temperature did not register with hospital equipment. She was not breathing and had no pulse.

Unfortunately, their efforts were in vain. Thirty-two minutes after she arrived at the ER, Raylee Jolen Browning was pronounced dead at 12:27 p.m.

Members of the team who attempted to save Raylee said there were bruises, scratch marks, burns, and scabs all over her body. According to some sources, she had injuries consistent with sexual assault. These injuries led the medical staff to believe that Raylee had been abused. As a result, they did not allow Marty or Julie to see her body after she was pronounced dead. One of the nurses, Tori McGinness, said she felt the need to protect Raylee’s body—that in her 18 years of nursing, she had never seen a child’s body look the way Raylee’s did.

When questioned by the police, Sherry said she woke up at 9:00 a.m. on December 26th. She claimed to have served Raylee breakfast in her bedroom and administered three prescriptions. Next, she said that Raylee got in the shower at 10:30 a.m. and that her nose started to bleed. Sherry said the nosebleeds had started several weeks earlier and that a doctor had told her they were the result of Raylee’s medication. She was unsure whether she cleaned up the nosebleed in the shower or out of the shower with toilet paper.

Next, Sherry told police that Raylee fell when she got out of the shower. She said she carried Raylee to the bedroom, laid her on a mattress that was on the floor, and propped her up with pillows. According to Sherry, Raylee was shaking uncontrollably and her pupils were small. She told the police that Raylee’s blood sugar often dropped, but it was not checked daily. Mind you, there was no indication that Raylee suffered from diabetes or any other ailment that would require that her glucose be monitored—they just weren’t feeding her appropriately. According to Sherry, she called 911 immediately afterwards. She called Marty at work and told him to go directly to the hospital. According to the police report, Sherry drove Julie’s children to a house in Mount Lookout after Raylee was taken away by ambulance.

Autopsy and Medical Abuse

Raylee’s autopsy was performed at Plateau Medical Center in Fayette County on December 27th, 2018, by Dr. C. Meton Sisman and Dr. Alan Mock, both Chief Medical Examiners for the state of West Virginia. During the autopsy, they could not determine if she died as a result of homicide or natural causes, so her manner of death was listed as “undetermined.”

Raylee had severe necrotizing bronchopneumonia, which is an infection that causes lung tissue to die. Her cause of death was likely a period of sepsis where the lung infection spread into the blood. Her lung was in the beginning stages of fibrosis, or scar tissue, which takes a few days to appear. Raylee’s shortness of breath would have been obvious to everyone around her. This type of pneumonia can cause disruption and coagulation which can cause blood to pool in the surface of her skin, giving a rash or bruise-like appearance. In addition, her skin would have looked ashen.

It was determined that dehydration and malnutrition would have made a patient more vulnerable to sepsis, and Raylee was below the 5th percentile for weight. The report also included that, aside from the discoloration caused by the infection, Raylee had injuries to her body that included bruises, burns, and lacerations. One particular burn on her right leg looked like it could have been caused by a lit cigarette.

In addition, Raylee’s autopsy revealed that she was on an alarming number of strong psychiatric medications. At just 8 years old, Raylee was taking seven medications normally prescribed for mood disorders and autism. It is unclear if Raylee was indeed autistic or suffered from any sort of actual psychiatric condition. It was more likely that the adults in her life used these medications to subdue and control Raylee.

Arrest, Trial, and Sentencing

Due to the circumstances surrounding Raylee’s death, the Oak Hill Police Department launched a full-scale investigation. Almost a year later, on Monday, December 9th, 2019, Sherry was arrested and charged with child neglect or child abuse resulting in death, as well as death of a child by a parent, guardian, or custodian. Both were felony charges. Julie and Marty turned themselves in and faced the same charges. Bond was set at $100,000 for each of them. The Tichnell sisters managed to post bond on December 14th, while Marty posted bond on December 26th—the one-year anniversary of Raylee’s death.

Oak Hill Police Chief Mike Whisman said the department’s investigation had been initially slowed because the West Virginia Department of Health and Human Resources did not provide Raylee’s records to police. At the time of her arrest, Julie was the reigning Miss Oak Hill Festival. Following her arrest, pageant officials stripped her of the title. During a search of the family home, a claw hammer and an adult toy were found in the room that Raylee shared with Sherry.

During the trial, two family members were called to serve as witnesses. Julie and Sherry’s sister, Angela Young, testified that the trio asked her to lie and say that Raylee had been healthy on Christmas of 2018. Angela said she refused to do that because she had not seen Raylee that day in person or by video call.

Julie’s daughter also testified about how Raylee was mistreated in the home. She walked the jury through her years of pain and how Raylee’s basic human rights were denied. She was clear that the adults knew what they were doing was wrong, and they continued to abuse and neglect her until the day that she died.

Medical personnel who were there the day Raylee was rushed to the hospital also testified. They reported that Julie arrived at the hospital prior to Marty’s arrival from work. When Marty finally arrived, he appeared rattled and upset. However, Julie did not appear phased. She had the gall to ask how long the procedures usually take—this was after she learned that Raylee was already dead.

There was no doubt in the minds of many that Raylee died because she did not receive treatment for her illness. Several medical experts testified that Raylee would have had a fever and felt sick for over a period of days. Dr. Alan Mock testified that aggressive antibiotic therapy and other treatments, up to mechanical ventilation, would have saved her life. He said that a walk-in clinic or physician would have been able to treat Raylee if her caregivers had sought help for her.

However, during the trial, more was uncovered about her medical and psychiatric background. When questioned about the strong psychiatric medicines Raylee was on, Dr. Alan Mock reported that Raylee’s caregivers had provided information to her psychiatrist which contradicted reports by her teachers. He said, “Most telling to me are reports from the schools because the schools are independent and they can make observations. When the school denies any disruptive behavior, it makes me question the diagnosis and the veracity of the parents’ accounts.” Another strange detail that Dr. Mock reported was that the caregivers told psychiatrists that she was binge eating, despite being underweight. These, among many other details, did not add up.

A second expert, Dr. Joan Phillips, testified that Raylee’s records show she was the victim of medical abuse. Dr. Phillips said she had practiced for 22 years as a pediatrician and had never seen a child Raylee’s age on that many psychiatric drugs. She said it appeared that Raylee’s caregivers had withheld information from some of Raylee’s doctors and gave false information to others. Medical abuse, formerly known as Munchausen by proxy, occurs when a caregiver lies to medical providers so that a child receives unnecessary medical procedures and medicines. Raylee had also been diagnosed with autism, an eating disorder, a binge eating disorder, a behavior disorder, self-mutilation, borderline personality disorder, anxiety disorder, and attention deficit hyperactivity disorder.

During closing arguments, Special Prosecutor Brian Parsons left jurors with more questions than answers. He told the jury that Raylee was already dead when Sherry called 911 on December 26th, 2018. He pointed out that when Raylee arrived at Plateau Medical Center by ambulance within 15 minutes of the call, ER staff could not get a temperature because medical thermometers do not record temperatures lower than 84 degrees. How could her temperature plummet from above 98.6 to 84 degrees in that short amount of time? It was obvious that Raylee had been dead for hours, at least.

He left the jury with these lasting, powerful statements: that Raylee’s last words on the record, at least, were, “I want to go to the hospital.” She was desperate to save her own life. He then reminded the jury that Fayette County would be judged by how they treated Raylee after her death. He said, “I implore you, don’t let Raylee down.”

Jurors entered deliberations on the sixth day of the trial. It should be noted that Special Prosecutor Parsons had to be appointed in the case in order to avoid a conflict of interest. As it just so happens, Mrs. Silber’s husband, Anthony, happened to be the Fayette County Prosecuting Attorney. As Mrs. Silber was a witness in Raylee’s case, the change in counsel was needed.

In the end, jurors found Marty, Julie, and Sherry not guilty of child abuse resulting in death. However, they were found guilty of child neglect resulting in death. On Friday, August 12th, 2022, Judge Paul Blake sentenced the three adults to 3 to 15 years in prison. All are eligible for parole after 3 years.

Systemic Failures and “Raylee’s Law”

During and after the trial, the lack of support and follow-up from CPS left people feeling uneasy, wondering if by dropping the ball, they were partly to blame for the death of Raylee Browning. The argument focused on how the system set up to protect Raylee failed because her caregivers knew how to abuse the system.

Based on court documents, Nicholas County CPS failed to provide help for Raylee, despite teachers and others having made more than a dozen referrals over the course of the year and a half that Raylee attended Mount Lookout Elementary School. Mrs. Silber said she made a referral to CPS because of Raylee’s broken femur. Another referral was made after Raylee showed her bruises and scabs on her legs. There was an additional referral made by Raylee’s first-grade teacher after she observed a handprint on Raylee’s upper arm.

Mrs. Silber said she has no recollection of ever being interviewed by CPS for those referrals, though she does remember sitting in when Raylee was interviewed by CPS. She said the interview was conducted by Joseph Saurin, a CPS supervisor. After interviewing Raylee, Mr. Saurin said, “I do not believe Raylee is an abused child. I believe she is a targeted child, and I believe that the children are very well coached.”

CPS employee Briana Baker testified that she was part of at least two referrals that investigated the alleged abuse Raylee received while in the Browning-Tichnell home. She said those claims of abuse were found to be unsubstantiated. Special Prosecutor Parsons asked Ms. Baker about the referral Raylee’s teacher, Mrs. Silber, testified to have made regarding Raylee’s broken femur. Ms. Baker said she was never notified of such a referral. Mrs. Silber stated she completely disagreed with CPS workers’ assessment of Raylee’s case.

During the trial, a CPS worker who took the stand could not even provide basic information about Raylee’s case. Because Raylee was pulled from public school to be homeschooled by Sherry, there were no additional referrals made to CPS. Lynn Castle, a family friend, said she would often help homeschool the children. She claimed that she did not see signs that Raylee was abused or neglected. Ms. Castle said she had been informed of Raylee’s overeating habits and also observed, on one occasion, Raylee eating until she vomited and then later asking for more food. She also testified that she was in the home off and on in the 3 days prior to Raylee’s death. Ms. Castle said during that time Raylee had a sniffle, but she did not consider Raylee to be sick.

In response to the suspected negligence of Nicholas County CPS in the case of Raylee Browning, a new law was sponsored by the House of Delegates known as “Raylee’s Law” or HB 4440. This law would prevent people who have an open CPS case from homeschooling. In addition, it would also prevent people who have a criminal record of child abuse, neglect, or domestic violence from homeschooling. A national homeschool legal defense group opposes the bill.

State law does not require homeschool educators to report suspected child abuse or neglect. Surprisingly, by contrast, teachers and public school administrators are mandatory reporters of child abuse. State law does not require a homeschool education cooperative or association to verify that member students were legally withdrawn from public school. While there are many more areas that need to be regulated when it comes to homeschooling, this law is a good start for the state of West Virginia and for other states to look to as an example.

It is far too easy to pull a child out of public school, away from mandated reporters, and keep them isolated in the home where abuse often escalates to homicide. According to Raylee’s former teacher, Mrs. Silber, public school teachers are often the only safety net these children have. It is absolutely not the intention of this law to take any rights away; the intention is to protect innocent children. To be clear, we do support parents who want to homeschool their children. However, homeschooling does not allow for third parties, such as those at a public school, to witness signs if they suspect a child is being neglected or abused. Homeschooling is not the issue here; the issue is abusive parents wanting to trap their children at home where they have little to no opportunity to seek help.

A Legacy of Love: Raylee’s Farewell

Raylee’s funeral was held on January 12th, 2019, at Tyree Funeral Home in Oak Hill, West Virginia, with Pastor Richard Allen officiating. She was laid to rest at Lee-Webb Cemetery near Dothan. Her black granite headstone displays an etching of the little girl’s smiling face in happier times, an image of Rapunzel, and the words, “Step lightly, my sunshine rests here.”

Janice posted a poem by Liz Newman on her Facebook page in memory of her Sunshine, Raylee Jolen Browning. It read:

My heart in all its brokenness will always look for you, Chasing down a familiar scent, following the trail of a favorite memory, Relentless in its pursuit every morning, Feeling the ache of that now familiar wound of navigating a life, A story whose chapters were too few.

But what a legacy you’ve left in the chapters you were here, And what a story that you’ve left, a love that perseveres. My heart in all its hopefulness will always look for you, Cherishing these sometimes painful memories, Holding them tightly to feel you with me too.

Your absence brings a deep and lingering ache, But your love persists here too, A bond that will never break, that will comfort and continue. So it seems no matter what I do, my heart will always look for you, In everything I do, in every memory old and new, My heart will always look for you.