Man pleads guilty in death of toddler

A 43-year-old Lethbridge man scheduled to stand trial Monday in the death of his girlfriend’s toddler more than two years ago, has pleaded guilty to criminal negligence causing death.

Tyler Brian Hogan, who was initially charged with second-degree murder, entered the plea to the lesser charge in front of Justice John D. Rooke in Lethbridge Court of Queen’s Bench, where, through an agreed statement of facts read by the Crown, Hogan admitted he caused the death of ninemonth-old Austin Wright April 28, 2016.

Crown prosecutor Mac Vomberg told court that Hogan was babysitting the toddler, who, during the days leading up to his death, had been ill and vomiting. On the morning of April 28, after the baby’s mother had briefly left for work, Hogan attempted to feed the toddler with a bottle of Pedialyte. The child began crying, and in an attempt to calm him by playing with him, Hogan picked the child up under the arms and tossed him onto some blankets and pillows on the hardwood floor next to the bed.

In addition to the pillows and blankets, there was an open dresser drawer, a bag with unknown contents, and a fan located nearby, but it’s not known if the boy struck any of the items.

“Almost immediately after Austin was tossed beside the bed, Austin went into extreme medical distress,” Vomberg said.

“Austin pulled his head back, went limp, and stopped breathing.”

Vomberg noted the child’s death was considered suspicious but not criminal. However, an autopsy a day later determined the toddler had suffered multiple blunt-force traumas, causing extensive brain and spinal injuries, between seven hours and three days before his death.

“This was determined by the medical examiner to be the primary cause of death,” Vomberg said.

He added it can’t be proven who inflicted the injuries, or when, even though the only two people who cared for the child during that time were his mother, Jasmine Wright, and Hogan.

“Both deny inflicting these injuries. Similarly, given the symptoms described of Austin’s medical condition in the days and hours prior to his death, it cannot be proven that either Hogan or Wright would be aware of those injuries.”

The following July Hogan was arrested and charged with second-degree murder. During a subsequent interview with police, he admitted he tossed Austin off the bed. That was the first time Hogan admitted that to anyone, including paramedics who responded to the 911 call made by Jasmine after Hogan called her at work and told to her return home. He never even told police when they conducted a video-recorded re-enactment of the tragic events.

“Again, Hogan did not mention he had tossed Austin off the bed,” Vomberg said.

During a second video-recorded reenactment, which was shown in court Monday, Hogan explained what happened.

“I just went like that,” he said, showing with his arms how he tossed the child onto the floor. “I don’t know if he hit his head on something.”

As part of his guilty plea, Hogan admits his actions as described in the agreed statement of facts contributed directly to the toddler’s death, and he could and should have called 911. Vomberg said Hogan was also aware it was dangerous to feed a child that age fluids then toss him as he did; that the child was more vulnerable than normal given his condition over the previous few days; and that there were various hazards present — an open drawer, hardwood floor, and other hard objects — when Hogan tossed him on the floor.

Justice Rooke accepted the facts read in court and convicted Hogan of the lesser charge, but he adjourned the matter for a sentencing hearing next Monday. And although the Crown and defence agreed on the guilty plea and facts, Vomberg pointed out they do not agree on a sentence.