The father of a 6-year-old boy who died last week was fighting for custody since January, court records show.
On Aug. 21, officers responded to Sinai Hospital for the report of an unresponsive 6-year-old who was transported from a Cheswolde neighborhood apartment, according to charging documents. The child, who was identified as Brian Graham, had bruising and severe burn marks all over his body and was declared dead at the hospital.
Graham’s mother, 34-year-old Jalesia Offer, and her fiance, 34-year-old Brandon Wheatley, were arrested and charged with felony child abuse in connection with the child’s death.
Charles Graham, Brian’s father, had been fighting for custody since January, court documents show. Graham filed an emergency complaint for custody in Charles County Circuit Court on Jan. 2, arguing that he was the best parent to keep his son safe and that his mother wasn’t making good decisions for the child, according to court documents.
“He is scared to go home with his Mother, there is currently a Temporary Protective Order in place for abuse and the fact that the Mother keeps putting him in dangerous situations,” the court filing said.
Graham’s request for an emergency hearing was denied.
The attorney for Offer argued that Offter had been the sole caretaker of the child who lived with her since birth and had sufficient income to support herself and the child. According to the court document, she lived in a home where Brian could have his own bedroom, so it was “in the best interests” of the child that he lived with Offer, who was “prepared to give him proper care.”
In another request for a hearing, Graham wrote, “My son is still afraid of the mother’s friend Brandon Wheatley,” later adding that his son told him he didn’t feel safe.
Offer and Wheatley were arrested Monday and charged with child abuse in connection with Brian’s death.
During an interview with detectives, Offer said Wheatley took Brian to shower while she was in the kitchen, and shortly after, she saw Wheatley slumped over in the bathroom while Brian was unresponsive in a bathtub of hot water, charging documents said. The couple pulled him out and said they applied burn cream, administered CPR and called 911.
Wheatley told detectives he has a medical condition that causes him to fall asleep while sitting down. He let Brian soak in the bathtub and was woken up by Offer after falling asleep, according to charging documents. Wheatley said he also play-fights with his kids and attributed Brian’s bruises to his light skin bruising easily.
Offer said she believed the burns on her son’s body came from the hot water and the bruiseswere from play-fighting with his 8-year-old brother, charging documents said.
Two days before, Offer “physically disciplined Brian for taking money out of her purse,” according to charging documents. She “advised that she smacked Brian and punched him with a closed fist” multiple times, and Wheatley continued with more physical discipline, the documents said.
Brian had multiple fractured ribs, a lacerated liver, and internal bleeding in his head and torso. The Office of the Chief Medical Examiner ruled Brian’s death a homicide due to blunt-force trauma.
When searching the apartment on the morning of Aug. 22, investigators found the highest temperature of the hot water in the bathroom reached 128 degrees over three minutes, according to charging documents.
Brian’s 8-year-old brother was also in the apartment and had bruising on his face and couldn’t move his left arm, injuries which he said were caused by boxing with his stepfather, charging documents said. Child Protective Services took custody of the child and a separate investigation was initiated by the Baltimore City Child Abuse Unit.
The next hearing in the custody case involving Graham and Offer was scheduled for Tuesday, but the case was dismissed after Brian’s death. Offer and Wheatley were charged with first-degree child abuse in connection with the injury and death of Brian, among other charges, and ordered to be held without bond. Their trial is scheduled for September.
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