Kyle Chandler Smith Kyle Smith

Kyle was 3 years old when his mother made the decision to let her two children live with friends and family so she can get a drug problem under control. Kyle was said to love playing with action figures and video games with his older brother. He also had a favorite stuffed monkey. He loved pizza and mexican food. He is also said to love running around the park, watching cartoons, puppies and spending time with his dad. He would sing "No One", from Alicia Keys.Her family did not have room for both boys so a grandparent agreeded to take care of one of the boys. The other, Kyle was left with a couple that was a friend to the mother. This couple would hurt Kyle. They would beat him. They would burn him with cigarettes, and sodomize him annally. They would force him to march in place, do push ups and threw cold water on him. They also tore his tongue from the bottom of his palate. When Kyle would not go to sleep the female of the couple would beat Kyle with a hair brush. He would be beaten to death. Kyle's family has a Myspace memorial at


Couple confesses to beating 3-year-old boy, Kyle Smith

Monday, June 9th 2008, 7:11 PM
Related ArticlesMan who claims he slept while girlfriend beat 3-year-old to death sentenced to 18 years to lifeHe watched as girlfriend beat to death boy, says ADA in opening statementTwo indicted in slay of little Kyle SmithKyle was happy in new home - ACSKyle Smith was happy in new home - ACSSystem failed Kyle, just like it did Nixzmary BrownProsecutors say a Brooklyn man and woman have confessed to beating a 3-year-old boy who died in their care just blocks from where a malnourished, severely abused girl was killed in a case that spurred calls for reform at the city's child-welfare agency.

Kyle Smith was sodomized, beaten, doused with cold water and forced to do push-ups and march in place as punishment, according to court papers. His numerous injuries included a torn tongue, bruises to his back, buttocks, legs and scrotum, and lacerations inside his anus.

The boy was pronounced dead at a hospital Friday after police were called to the apartment where he lived with Nymeen Cheatham, 30, and her companion Lemar Martin, 25. Cheatham and Martin were arrested Saturday and arraigned Sunday on charges including assault and endangering the welfare of a child.

Jonah Bruno, a spokesman for Brooklyn District Attorney Charles Hynes, said charges against Cheatham and Martin could be upgraded following an investigation.

Martin's attorney, Spiro Ferris, did not return a call seeking comment Monday.

Ferris and Joseph Miller, Cheatham's attorney, argued for their clients to be released on bail Sunday since the top charge was assault. But Supreme Court Justice John Walsh ordered them held without bail.

Neighbors told the Daily News that they saw the boy being abused but did not report it to authorities.

Hason Parker told the News that he once saw Cheatham screaming at Kyle outside in the cold. "It was 15 degrees and she had this heavy jacket on and he was in pajama shorts and a tank," Parker said. "The little boy was shivering and crying."

Cheatham and Martin did not have legal custody of Kyle, but he was living with them after his drug-addicted mother gave him up last year.

Both police and social workers from the city's Administration for Children's Services had visited the home and reported no signs of abuse.

Police Commissioner Raymond Kelly said officers were called to the home four times since late 2007, all for issues related to visitation with Kyle's biological father, Darien Smith.

Sheila Stainback, a spokeswoman for ACS, said the agency conducted a court-ordered investigation of the home last October after Cheatham filed for legal custody of Kyle.

"We found the house in order and the child happy and healthy at that time," she said.

Cheatham did not pursue legal custody, and ACS had no further official role in the matter.

Cheatham's and Martin's apartment on Patchen Avenue is in Brooklyn's Bedford-Stuyvesant section, the same neighborhood where 7-year-old Nixzmary Brown was killed in January 2006.

Nixzmary's stepfather, Cesar Rodriguez, was sentenced last month to up to 29 years in prison in her death. Her mother faces a separate trial later this year. The scrawny and battered girl was bound to a chair, starved and forced to urinate in a litter box before she was killed with a fatal blow to the head.

That case shocked the city and created pressure for reforms at ACS.

In the months following Nixzmary's death, the agency hired 20 "protective agents" with previous law enforcement experience to serve as consultants and help caseworkers improve their investigative skills.

The city also started a campaign to try to get New Yorkers to "say something" and dial 311 if they suspect abuse.

Stainback said no one reported Cheatham or Martin for abuse.

"The terrible case of abuse involving Kyle Smith is deeply felt here at ACS," she said. "We are again asking neighbors, family and friends to call 311 (or 911 in an emergency) if they suspect child abuse or neglect."



Monster nanny Nymeen Cheatham admits killing Kyle Smith, 3
BY Scott Shifrel

Wednesday, November 25th 2009, 4:00 AM

Ward for NewsKyle Smith Related NewsArticlesMan who claims he slept while girlfriend beat 3-year-old to death sentenced to 18 years to lifeHe watched as girlfriend beat to death boy, says ADA in opening statementCouple confesses to beating 3-year-old boy, Kyle SmithA Brooklyn woman said Tuesday she "just snapped" and blindly beat to death a 3-year-old with a brush because he wouldn't go to sleep.

Nymeen Cheatham avoided a possible life sentence by pleading guilty to manslaughter in the June 6, 2007, death of Kyle Smith, who was in her care.

The boy's father, grandmother and aunt listened incredulously as Cheatham tried to portray her brutality as a moment of insanity.

"I lost it," she said in Brooklyn Supreme Court.

"I started to spank him and it was dark and I didn't see exactly where I was hitting him or how I was hitting him.

"It was dark and I was just spanking him and I got a brush and I started to spank him again. He finally quieted down."

The boy was declared dead the next day after Cheatham called for help.

Prosecutors alleged Kyle was sodomized, doused with cold water and forced to do pushups. Bruises and cuts were testament to a horribly slow and painful death, his family said.

"I definitely wanted to hear her admit she did it, even though it was not all the truth," said Kyle's father, Elliot Smith, who believes Cheatham was trying to cover for her boyfriend, Lemar Martin.

"How do you do something like that just one time and cause those horrible injuries?" asked Kyle's grandmother, Norma Acosta.

Cheatham, 32, faces 20 years when she's sentenced in January. Martin still faces a murder trial and plans to call Cheatham as a witness.

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