Child services had contact with slain boy
Conarius Smith’s mind haunts him with thoughts of the last moments of his 6-year-old son’s life.
“Did he ask for his dad?” Smith wondered aloud.
Police and Tennessee Department of Children’s Services are still investigating the death of Rafael Smith, allegedly at the hands of the boy’s stepfather.
Donald Rich, 37, has been charged with three counts of aggravated child abuse, a Class-A felony. He’s accused of whipping the boy with an extension cord and a belt until he vomited and became unresponsive.
Smith is now trying to piece together the last year of his son’s life. The father said he last had contact with his son after an altercation with Rich in January over the treatment of Rafael.
Rafael “was acting like he was scared to leave with” Rich, Smith said. The family moved shortly after that.
The Tennessee Department of Children’s Services confirmed having “previous, pertinent contact” at some point in the past three years with the family.
The department confirmed Rafael was on the state’s radar but could not provide additional information, citing the ongoing investigation into his death.
Smith said he’s learned that DCS launched an investigation in August but it had not been resolved. He was not aware of the investigation until after his son’s death.
The boy, his mother and Rich lived in Memphis less than a year, said Smith, who lives in Georgia.
‘Happy kid’ who ‘wanted to make everybody smile’
The family previously lived in West Memphis, Smith said, before moving to Whitehaven. Rafael was in his first year in Shelby County Schools. He was in the first grade at Robert R. Church Elementary.
He liked soccer and Paw Patrol, his father said.
“Overall he just was a happy kid, wanted to make everybody smile and joke around all the time,” Smith said.
DCS spokesman Rob Johnson said another child in the home is not in danger. “We’ve made arrangements for that child to be safe,” he said.
Johnson did not give the age of that child. The affidavit in the case notes a 1-year-old was also at the home at the time of Rafael’s death. Smith said that child was Rafael’s half-brother.
Police responded to an apartment complex in the 4200 block of Pine Hollow Drive at 5:50 p.m. Wednesday.
According to an affidavit, Rafael was unresponsive in the back of an ambulance when police arrived.
He was transported to a hospital in “extremely critical” condition and was pronounced dead at 6:36 p.m.
Multiple injuries found on body
“Upon examination by medical staff multiple injuries were observed on the victim’s body consistent with being whipped with an extension cord,” the affidavit said. “Medical staff noted that these injuries were both new and ones that had healed from previous incidents.”
The investigation into Rafael’s death, including steps DCS personnel took in the case, will take months, Johnson said. The entire file will be released on the department’s website once the case is closed. The department releases closed files, with redacted names, on a quarterly basis.
Shelby County Schools said in a statement the district could not release any information about whether teachers had filed reports of suspected abuse.
“We are deeply saddened by the news and are committed to cooperating with the appropriate authorities as they conduct their full investigation,” the statement said. “Therefore, we feel it is appropriate that we decline to discuss any details related to this matter while
an investigation is pending.”
Funeral arrangements are not yet finalized, Smith said.
Smith said he and his girlfriend lost a baby girl just one week into her life in February. It was soon after his last contact with Rafael, who knew he was going to be a big brother. His father never had the chance to tell him what happened, and the boy died believing he had a baby sister, Smith said.
Rich is in jail on a $275,000 bond, according to jail records. He is due in court on Thursday.
“We’re going to go there and keep up with the case as much as possible,” Smith said. Rafael “does have a support system.” Reach Jennifer Pignolet at jennifer.pignolet@commercialappeal.com or on Twitter @JenPignolet.