REMEMBERING MARCELLA

Marcella Hope Yellowbear was 22 months old. She was the daughter of Andrew Yellowbear Jr. and Macalia Blackburn and lived in Riverton, Wyoming. For much of her short life, Marcella did not live with her parents. Beginning when she was only about a month old, other family members cared for her. By the spring of 2004, Marcella was living away from Andrew and Macalia, surrounded by relatives who had serious concerns about what might happen if she was returned to them. Those fears would prove devastatingly justified. Marcella was still a baby. She should have been learning new words, exploring everything around her and becoming more independent with each passing day. Instead, she died before reaching her second birthday. Her name was Marcella Hope Yellowbear. She was a daughter. A sister. A little girl whose family had tried to warn others that she could be in danger. And she deserved to be protected.

MARCELLA'S STORY

In May 2004, Marcella returned to the care of her parents, Andrew Yellowbear Jr. and Macalia Blackburn. She survived only a matter of weeks. During those weeks, Marcella endured repeated and severe abuse.mThe Wyoming Supreme Court would later describe the injuries found during her autopsy as almost innumerable. There were abrasions, wounds, burns and broken bones across her small body. The medical examiner determined that Marcella died from repeated abusive blunt force injuries and ruled her death a homicide. On the night of July 2, 2004, Andrew Yellowbear called the emergency room at Riverton Memorial Hospital and said that Macalia was bringing Marcella to the hospital because she was not breathing. When Macalia arrived with her daughter, hospital staff quickly determined that Marcella was dead. The extent of her injuries immediately raised suspicions of child abuse. Investigators soon determined that Marcella had been subjected to sustained violence before her death. Both of her parents were arrested. Court records would ultimately establish that prosecutors believed both Andrew and Macalia participated in the abuse, either by directly hurting Marcella or by allowing the other parent to abuse her without protecting her. The charges against Andrew specifically alleged both that he abused Marcella and that he aided or allowed Macalia's abuse of her. Marcella had been back in her parents' home for only a short time. It was enough time to end her life.

WARNING SIGNS & SYSTEM FAILURES

There were warnings before Marcella died. She had previously lived away from her parents, and members of her extended family were deeply concerned about her returning to their care. Andrew and Macalia also had a documented history of domestic violence. Before Marcella's death, Andrew had pleaded guilty to battery involving Macalia while she was pregnant. Marcella had also come under the supervision of the Northern Arapaho Tribe's child protection system before her death.

Family members attempted to raise concerns about her safety. According to accounts preserved from the case, one of Marcella's former caregivers warned against allowing her to return to her parents when Andrew and Macalia were together. A welfare check was requested in June 2004. Police checked on Marcella and reported that things appeared to be fine. They were not. Years later, Fremont County Attorney Ed Newell, who prosecuted the case, described Marcella's abuse as occurring over a period of several weeks and said one of the most disturbing aspects of her death was the belief that it could have been prevented. Marcella was too young to explain what was happening behind closed doors. She could not leave. She could not call for help. Adults knew there were reasons to worry about her. Her family had raised concerns. A child protection system had been involved. A welfare check had been requested. Yet Marcella remained in the home. On July 2, 2004, there would be no more opportunities to protect her.

JUSTICE FOR MARCELLA

Both of Marcella's parents were originally arrested and charged with felony murder following her death. Macalia Blackburn entered into a plea agreement. She pleaded guilty to being an accessory before the fact to second degree murder and agreed to testify in Andrew Yellowbear's trial. She was ultimately sentenced to 60 years in prison. Andrew Yellowbear went to trial. The prosecution sought the death penalty.mA jury convicted him in connection with Marcella's murder, and he was sentenced to life in prison without the possibility of parole. His case subsequently went through years of appeals, including challenges concerning whether Wyoming had jurisdiction over the location where Marcella was killed. His murder conviction remained intact. The Wyoming Supreme Court did order the judgment amended because of the multiple overlapping counts on which he had originally been convicted, but this did not overturn his responsibility for Marcella's murder or his life sentence.

Andrew John Yellowbear Jr.
Relationship to Marcella: Father
Conviction: First degree murder
Sentence: Life in prison without the possibility of parole

Macalia Marcine Blackburn
Relationship to Marcella: Mother
Conviction: Accessory before the fact to second degree murder
Sentence: 60 years in prison

FOREVER REMEMBERED

Marcella Hope Yellowbear was buried in a small family cemetery near Riverton. Her burial came only after another painful ordeal for the people who loved her. There was conflict between family members over control of Marcella's remains, and a court eventually determined where the little girl would be laid to rest. Contemporary accounts describe the delay and disagreement surrounding her funeral. At Marcella's funeral, members of her family repeated a promise to her: Nobody will hurt you again. They were words Marcella should never have needed. She should have been protected while she was alive. She should have reached her second birthday. She should have grown beyond the little girl her family buried that summer. There should have been school. Friends. Birthdays. Teenage years. Adulthood. There should have been enough time for Marcella to become whoever she was going to be. Instead, she lived for 22 months. The injuries documented after her death tell us what was done to Marcella. They do not tell us who Marcella was. She was more than bruises, burns and broken bones. She was more than evidence presented to a jury. She was more than a murder conviction that would spend years moving through appellate courts. She was Marcella. A little girl. A daughter. A sister. A child whose life was worth protecting long before anyone stood in a courtroom demanding justice for her death. Abuse Angels remembers Marcella Hope Yellowbear the little girl who deserved to be protected when the warnings were raised, and who should have had an entire lifetime beyond her 22 months. We remember Marcella. We speak her name.And Marcella Hope Yellowbear will not be forgotten.