Kyle Chandler Smith
August 24, 2004 - June 6, 2008

Neighbors knew that something was not right with the way Kyle's guardian treated him. Seeing bruises on his body, hearing the way she yelled and cussed at him and even witnessing odd punishments such as making him stay out side in freezing temperatures in shorts and short sleeved shirts. The superintendent of the building they lived in saw Kyle in a long sleeve jacket when the temperature was so hot that his guardian had on shorts and a tank top. 

Adrian Paulson, who lived a few doors down from Kyle and Nymeen Cheatham. Adrian said she witnessed something in the elevator in their building. Nymeen was yelling and cussing at Kyle and even said she hated him and she hated all kids. The day after he died Adrian said:

So, with all of the things that were witnessed by neighbors and even
the superintendent of the building, why didn't anyone call and report
this behavior to Child's Protective Services? When are people going to
learn that if they DO NOT CALL, they might as well kill these children themselves because they are almost as guilty as their killers? Adrian
Paulson said she didn't call the police because she lived in the building and did not want to anger Nymeen. I guess in her eyes it was better 
that a child suffered and died, than she make a neighbor mad.

Eight months before his death, the Administration For Children's
Services was called by Kyle's grandmother who reported that Kyle had been punched by Nymeen who had told her that Kyle was peeling paint off of the wall so she punched him. The ACS report stated that Kyle was happy in his new home:

No one bothered to check on Kyle in the months after the report. No
one knew that Nymeen had lost custody of five children while living
in Texas. Kyle's fate was sealed when his case was basically forgotten.

The criminal complaint against Lamar Martin and Nymeen Cheatham tells all about the injuries that Kyle suffered at the hands of the people who were supposed to give him love and affection. Kyle's guardians abused him by making him do pushups and march in place as punishment. Cold water was throw at him many times, again, as punishment. 

Lamar claims that while he tried to do CPR on Kyle, he saw that
Nymeen was going to take some pills and wanted to kill herself.

In court papers made public yesterday, Lamar Martin, 25, says he was trying to perform CPR on the child, Kyle Smith, on June 6, when he saw his girlfriend searching for a bottle of pills. 

Kyle died of blunt force trauma. His body and his face had lacerations
and bruises that included his anus. Lamar Martin told the police that 
he had hit Kyle and Nymeen admitted that she had hit him repeatedly
with her hands and had also used a hairbrush to beat him.

Lamar Martin was charged with manslaughter and his bail was set at $100,000. by Supreme Court Justice Gustin Reichbach, to the shock of Kyle's family:

The judge said that he set a bail since Lamar was not charged with
murder and was instead charged with manslaughter. 

For her part in the death of Kyle, Nymeen Cheatham was held without
bail.

Elliot Smith said that he tried to get custody of Kyle and was not able to get the courts to allow it:
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Contradicting what he says, the Administration for Children's Services
say that if Elliot Smith had wanted his son, he could have taken him 
at any time since Nymeen Cheatham never had legal guardianship.
.

“It was a wrong mistake. It’s a big family. We feel very bad.”
Eulalia Stack, a friend of the family speaking of the 
decision to leave Kyle with Nymeen
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Kyle Smith on his birthday in August 2006.
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Kyle's father, Elliot Smith, posted pictures of his son on his My Space page. His comments spoke of how devastated he is over the death of his son. Elliot's mother said: "He is torn. He's in mourning right now. He's not doing very well at all, but he's hanging on."  Norma Acosta

Kyle's body laid in that morgue for more than a week because his parents could not come to an agreement on where they were going to bury him. Elliot wanted to bury him in Manhattan and Eugenia wanted to bury him in Brooklyn. This time upset some family members:

A decision was finally made and it was decided that Kyle would be laid to rest at the Chas Peter Nagel Funeral Home.

On June 18, 2008, Kyle Smith was laying in his tiny, white satin lined casket surrounded by stuffed animals as family and friends were there to tell him goodbye. Kyle wore a white baseball cap and there were white and pink roses. A purple monkey wore a New York Jets jersey and all were placed inside the casket . Baby photos and messages saying "rest in peace" were placed with Kyle in the casket as well. Though it was clear that makeup had been put on his face, the affects of the abuse he had suffered were clear to be seen.

Kyle's father, mother and other family members attended the service
and the funeral. 

Mourning for Kyle were many family and friends including his grandmother Norma Acosta, his father, Elliot Smith and his mother, Eugenia Holmes. Also attending were Donna Cortel, Kathleen Young and her son, Derek McShane.
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"Life is eternal, and the time we spend here on Earth 
is very short. But Kyle will be welcomed into heaven 
where he will be waiting for all who loved him."
The priest at the service

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