Kansas Court of Appeals - 102004 – State v. Lee

Paramedics observed no signs of breathing during the transport, and McConnell
ultimately was pronounced dead at the hospital.
Forensic pathologist Erik Mitchell performed an autopsy. During the course of the
autopsy, Mitchell observed numerous external injuries on McConnell's extremities,
abdomen, and back. The pattern of the injuries was consistent with biting and tearing of
the tissue. Mitchell determined the injuries were caused by an animal with large teeth.
Given the residual evidence of tears from her eyes, the location of the injuries, and the
extent of hemorrhaging, Mitchell further determined McConnell was alive at the time the
injuries were sustained. Regarding cause of death, Mitchell ultimately concluded that
McConnell died from a heart attack triggered by the stress she suffered as a result of the
attack and the bites.
Ruth Thompson of animal control in Kansas City, Kansas, was sent to
McConnell's home. When she arrived, Thompson observed a dog in the backyard with
bloody clothing in its mouth. Thompson tranquilized the dog and transported it to
Welborn Animal Hospital. John Swanson, a veterinarian at Welborn, examined the dog
found in McConnell's backyard.
Testing showed human blood present on the swabs taken from the dog's teeth and
gums. Human blood was also present on swabs taken from the dog's mouth, forehead,
nose, and neck. A DNA analysis was conducted on the blood found on the dog's neck.
McConnell could not be excluded as a possible contributor of the biological material on
the swabs from under the dog's neck.
During the investigation, officers learned Derrick Lee owned and resided at the
house next to McConnell's. Lee voluntarily went to the police department and spoke with
Michael Warczakoski, a detective with the Kansas City, Kansas, police department. After
waiving his Miranda rights, Lee informed Warczakoski that he cared for a family dog
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