ELYRIA — An Elyria man has been indicted on manslaughter and endangering children charges in connection with the 2012 death of 2-year-old Demarius Boone, who had a blood-alcohol level nearly six times the legal driving limit when he died.
Timothy Walton-Kirkendoll, 21, was watching Demarius, the son of his girlfriend, when the child consumed alcohol and suffered the injuries that led to his death, Assistant Lorain County Prosecutor Dave Muhek said.
“The mother entrusted him with the child’s care, and the child died following a period of time when he was left unattended,” Muhek said.
He said the investigation was unable to determine who had actually caused the injuries.
County Coroner Stephen Evans said that Demarius, whose death was ruled a homicide, suffered from blunt force trauma to his trunk and back, which caused soft-tissue damage and at least one fracture. He also said the boy had acute alcohol poisoning.
Demarius, who was 33 months old, had a blood-alcohol level of 0.45, well above the legal driving limit of 0.08 for adults 21 and older. Evans said that level of alcohol in humans, even adults, is lethal without immediate medical care.
“I’ve never seen it in a child, but I have seen adults who have survived with that level,” he said. “… It’s certainly consistent with a lethal dose.”
Demarius’ mother called 911 at 10:45 p.m. Oct. 12, 2012, summoning help to the Chadwick Apartments on Ridge Circle for her son, who she reported had stopped breathing.
According to a 911 recording, the mother was on her way home at the time of the call and her boyfriend had been watching Demarius.
The boyfriend told a dispatcher that “He smells like liquor, man … He probably did, man,” when he was asked if the child got into something.
The mother’s return home can be heard on the tape with the boyfriend saying, “I wasn’t even here, man” after the mother screamed. A 4-year-old and a 7-month-old were also in the apartment but asleep, according to a police report.
Walton-Kirkendoll was being held in the Lorain County Jail in lieu of a $750,000 bond and is scheduled to be arraigned next week.