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
Precious Kyle
Bonita Abuela (Grandma) Norma, Brother Darien, Elliot (Dad) and Baby Kyle
The Abusers/Murderers: Lemar Martin and Nymeen Cheatham
Lemar Martin
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Thank you.
hugs and kisses for Kyle. I love you so much angel.
Alex,
Thank you so much. I will update as per your request…but I will be careful.lol
Kyle, you deserve your own page you are so loved sweetheart.
Nixzmary’s, page is in the works…carefully planning for it.
Great to see all of you.
Alex, please tell the Smith Family we say Hi and that there is a page dedicated to their angel. xo
Love to you,
Rosey
Nixzmary Brown Soldier
Kyle,
May you rest at peace and be playing with all the other angels.
Much love,
Jackie
Hi girls,
Can someone tell me when Kyle’s birthday is? I was going to do a memorial outside his old home on June 6th this year, but I’m gonna be in Romania at that time and I won’t be home till the 11th. I was hoping to do it on his birthday instead. I’m guessing it’s August sometime.
Hi Simbaa,
How are you? We are great. I hope you like the new look of our website?
Kyle’s birthday is August 12, and as I mentioned on the old website, we are interested in having the memorial with you.
Why are you going to Romania for 5 days??? Seems to short for such an amazing trip. lol
Simbaa, we are having another Nixzmary Brown/Child Abuse Awareness Rally on SUNDAY, APRIL 26 AT THOMPKINS SQUARE PARK – (OLD BAND SHELL SECTION), EAST VILLAGE, MANHATTAN. 1-4 but we will be there as early as 11:00 for early birds.
Hope you will attend in support of Nixzmary and Kyle? Hope Rutgers is treating you well too.
Please advise sweetie as we are interested in joining you.
Rosey
Nixzmary Brown Soldier
I’m actually leaving on May 28th, and I’ll be there for two weeks. Yes, the new design is very nice. I’m gonna see if I can be there on the April 26th, because I really want to continue to support your group, but something’s telling me I have to be somewhere on that day, I can’t think of what it is at the moment, but that date just rings a bell for some reason. I’ll have to get back to you on that.
About the thing with Kyle Smith, I was hoping to do what I did for Nixzmary on the Anniversary day of her death. I was hoping to have a candlelight vigil with the religious music in the background. I had intended it to be a religious based vigil, you are more that welcome to help me out and join in with me, but please understand that this event is not intended to draw publicity, it’s only to honor the memory of Kyle. It will be an hour and a half long, and there won’t be much talking either, but rather reverence and reflection. The music will be played on a small amplifier and some songs will be joyful, and some depressing, I have it all planned out.
I might have a final exam for my summer course on the 12th of August, but since it’s a “Vigil” per se, we might be able to do it at sundown on Tuesday the 11th.
Simbaa,
Regarding Kyle’s memorial it sounds great. I concur publicity is not for this event as this is very intimate and sacred. I am in, and naturally I will advise the Smith’s of the memorial.
Glad to hear your trip will be longer than 5 days, my gosh Romania sounds so interesting and exciting.
Yes, we pray you will be in attendance on April 26 as we think you are great. And you have loved and supported Nixzmary from the beginning. I always say, Me, Jackie, Roxy and Simbaa were blogging from the very beginning. You are very important to us.
It is so great to see blogging again. Let me know about the Rally?
Love to you,
Rosey
Nixzmary Brown Soldier
Rosey,
This is my first time hearing about this case. I don’t recall seeing this on the news. This is yet another sad story but these two people will get the “JUSTICE THAT THEY DESERVE”. Rosey thanks for being such a good soldier.
Love to all the soldiers,
Olivia
Nixzmary Brown Soldier
Baby Kyle Smith
Olivia,
You are so right, these animals who murdered baby Kyle will pay dearly. Sadly, Kyle’s life and death and many other children are not on the news enough. When Kyle was first murdered there was a lot of news coverage but it faded.
I have calls into the news for the upcoming rally where the Smith family can speak with the news.
There is not enough coverage regarding child abuse….it’s sad. More coverage and PUBLIC outrage must be made in order for our laws to change and for the lowlifes to know that justice will prevail, therefore, do not hurt our children.
Love to you,
Rosey
Nixzmary Brown Soldier
Rosey,
Your blogs are so meaningful and just goes to show the ‘TRUE SOLDIER THAT YOU ARE”. I am so glad that I found this wonderful website. It is soldier’s like you, that stand for the cause to hold these offenders accountable. “FIGHT SOLDIERS FIGHT”!
RIP “Sweet Kyle”
Love to you,
Olivia
Nixzmary Brown Soldier
Olivia,
You are so wonderful..thank you so much for being a great soldier.
Love to you,
Rosey
Nixzmary Brown Soldier
I did not know this beautiful angel baby kyle but I will pray for him. I do have several family members that work for ACS and they try very hard to ensure the saftey of the children in their caseloads but at the end of the day they have families and children of their own. It is not an easy task so we must pray for God to give them the strength to carry out their dutuies to the best of their abilities and the forsight to see the things that abusers are so good at hiding
Hey baby boy I miss you so much .I think of you everyday.Sometime I sit back and think about the day you left my house,how I wish I never let Gina give you to Nymeen.I blame myself sometimes cause I also thought it was the right thing to do.I never thought anything was going on I saw you so many times and I wish you could have just talked to me and told me what was happening to you.Kyle you was my lil dude .I remm those dayz you would run from the back of my house cause you heard the Ice cream truck and how you would take all of Shamel’s gum and stuff it in your mouth.lol.Or about when we went to D&B for the 4th of July .You boys had so much funn.Kyseem misses you so much Our B-da is coming up real soon baby .
Luv you always Meeka.
P.s to whom evr going to have a memorial for Kyle .Is it going to be at his real home.212 Hull st .This is the place he ws born and in his short life raised
Hi Lateasha,
The vigil for Kyle will be on August 11 at sundown as Teddy (Soldier who suggested vigil) will be away on August 12 (Kyle’s b-day).
The exact location of vigil will be announced once we speak with the Smith family. I promise myself or Teddy will blog the info.
Thank you Lateasha and please keep blogging.
Love to you and yours,
Rosey
DEAR KYLE AND THE SMITH FAMILY:
Today is 1 year that angel, baby Kyle was taken from you and us. I know Kyle is playing with Nixzmary Brown, Kelsey Briggs, Lisa Steinberg, Sandra Cantu, Caylee Anthony, and thousands of other fallen angels. Although, Kyle you are playing with the other angels, this is not a satisfying outcome as you should be with your loving father, bonita abuela Norma, and your beautiful brave brother Darien.
Kyle, you are missed greatly and we love you so much. Play and sing with GOD and the other fallen angels.
RIP 1 year angelversary for our beloved Kyle Smith.
Elliot, my heart aches for you, especially today. We are here for you and your family.
Love to all,
Rosey
Hello Everyone: KYLE SMITH’S MEMORIAL INFORMATION:
Date: Tuesday, August 11, 2009 (Tomorrow)
Time: 7:00 p.m.
Location: New York
Please send me an email under “Contact” and I will provide you the exact location of where the memorial is. I do not want to offer the exact address on-line because of an unstable person who stalks this site may cause harm to the Smith family, and the Smith family does not want HER to come around. So please send me an email and I will provide the the exact location of were Kyle’s memorial will be.
Thank you and GOD bless Kyle and the Smith family. Good work Soldiers!!!
Rosey
IF ANYONE IS INTERESTED IN THE DA’S PHONE NUMBER, WEBSITE AND ADDRESS FOR UPCOMING HEARING IN THE TORTURE AND MURDER OF 3 YEAR OLD KYLE SMITH I SPOKE WITH KYLE’S FATHER TONIGHT. DON’T FORGET THE HEARING IS TUESDAY, 11/24 AT 320 JAY ST. BROOKLYN, NY PART 27 ..19TH FLOOR Kyle Reeves – 718-252-2413 Cary Fisher – 718-252–4846 DA’s office 350 jay St., Brooklyn, NY 11201 brooklynda.org